عربي
Home


Resolutions of Iftaa' Board


Resolutions of Iftaa' Board

Resolution No.(21): "Is the Killer (Inheritor) Entitled to Inherit the Person whom he had Killed (Inheritee)"

Date Added : 29-11-2015

Resolution No.(21) by the Board of Iftaa`, Research and Islamic Studies:
"Is the Killer (Inheritor) Entitled to Inherit the Person whom he had Killed (Inheritee)"
Date: 30/7/1411 AH, corresponding to 14/2/1991.

All perfect praise be to Allah, The Lord of The Worlds; and may His blessings and peace be upon our Prophet Mohammad and upon all his family and companions.

On the above date, the Board reviewed the verdict issued by the High Court of Justiciary whereby  (Mr. X) wasn`t found criminally responsible for his father`s death because of his mental and psychotic state, as confirmed by the reports of specialized doctors.

Article (183) of the Jordanian Civil Status Law obligates enforcing the preponderant opinion of the Hanafite School of Thought in both the judiciary and Sharia systems. This article reads as follows: "An inheritor who kills his inheritee while being in a state of insanity or suffering from a mental illness that makes him unaware of his actions, enjoys the right to inherit him."

Based on article (586), from the Jordanian Civil Status Law, which reads as follows: "If he has killed the inheritee out of Qisas (Retribution), as a (Had) prescribed penalty, in self-defense, was an indirect cause, or he (killer) hasn`t reached the age of puberty or was insane, then he is entitled to inherit him".

In conclusion, the Iftaa` Board rules that the above murderer is entitled to receive a share from the estate of the murdered (his father). And Allah Knows Best.

Chairman of the Iftaa` Board, Chief Justice Mohammad Mohailan
The Grand Mufti of Jordan, Izzaldeen At-tamimi
Dr. Abdullahlim Ar-ramahi
Dr. Abdusallam Al-Abbadi
Dr. Ahmad Helayel
Dr. Yaseen Daradkeh
Dr. Abdulahaleem Al-Ramahi
Dr. Mohammad Al-Qhodat
Sheikh Ibrahim Khashan

Decision Number [ Previous | Next ]


Summarized Fatawaa

What is the ruling on giving the expiation of an oath (Kaffarat al-Yamin) to a charity that feeds the poor?

 

 

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.

It is allowed for a Muslim to appoint a proxy (agent) to distribute the expiation (Kaffarah) on their behalf. Our jurists have explicitly stated the permissibility of delegation (Tawkil) in the distribution of Zakat, Kaffarah, and vows (Nadr).

It is stated in Mughni al-Muhtaj (Vol.3/P.237): 'One has the right to pay the Zakat of their wealth personally... and they also have the right to delegate it.' And Allah the Exalted knows best.

What should a person, who doubts the validity of his Wudu, or over performs it, do?

One who doubts the validity of his/her Wudu while performing it should redo it until he/she is certain of having attained purity. But, if doubt was after having performed Wudu, then he/she should not pay attention to that as doubt after the end of an act of worship does not count. This is of course in case doubt was within the reasonable limits since once it goes beyond that, it becomes a whispering of the Shaytaan (devil) which he/she should ignore as the Wudu is valid.

What is the ruling on ablution if vaginal discharge is expelled, and is it impure?

If these discharges exit from the external genitalia (apparent part of the vagina), they are not impure and do not invalidate ablution. If they exit from the internal part, they are impure and do invalidate ablution. If it is uncertain whether they are from the internal or external part, they are not impure and do not invalidate ablution.
 
The apparent part is what becomes visible when sitting, and what the husband's penis reaches during intercourse is considered part of the apparent. The internal part is what is beyond that. And Allah the Almighty knows best.

Is it permissible to combine Zuhr and Asr prayers for being occupied with a wedding ceremony?

No, it isn`t permissible to combine Zuhr and Asr, or Maghrib and Isha because of being busy with a wedding since the exemption for combining prayers is based on lawful excuses, and this isn`t one of them. And Allah Knows Best.

See More