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Resolutions of Iftaa' Board

Resolution No.(159): "Ruling on Dividing Part of the Blood Money Accepted by one of the Victim`s Heirs from the Killer`s Family, in Intentional Killing, amongst other Heirs, each according to his Share as Stipulated in Sharia"

Date Added : 02-11-2015

 

Resolution No.(159) (25/2010) by the Board of Iftaa`, Research and Islamic Studies:

"Dividing Part of the Blood Money Accepted Amongest Heirs in Intentional Killing, each according to his Share as Stipulated in Sharia"

Date: 17/1/1432 AH, corresponding to 23/12/2010 AD.

 

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.

During its twelfth session held on the above date, the Board reviewed the following question:

Five years ago, my son was intentionally killed in Saudi Arabia by a Saudi citizen. Two weeks passed over his marriage to a Jordanian woman before he was murdered. When the killer was sent to court, his family offered (25) million Riyals as Diyah (blood money) in return for waiving our right to Qisas (retribution). I along with his father insisted on Qisas and obtained an authorization to that end from all the heirs of my son including his wife.

Several years later, the court ruled for Qisas. However, one hour before the execution of that sentence, we were told that it has been delayed and I was told to check with the Saudi Ministry of Interior.

When I arrived there, I found out that my son`s widow has waived her right to Qisas in return for (5) million Riyals, and so the killer`s life will be spared and we will receive (25) million Riyals as Diyah.

Is the five million Riyals received by my son`s widow hers or should that sum be divided amongst his heirs as stipulated in Sharia.

 After prolonged deliberations, the Board decided:

The five million Riyals received by the victim`s widow from the killer`s family must be divided amongst the heirs of the killed in accordance with Sharia. This is the opinion of the Malikite jurists and it is most compatible with the principles of justice, the provisions of Sharia and  the juristic principle pertaining to warding off harm. 

It is stated: "If one of the victim`s heirs waived his right to Qisas in return for an amount, which is more or less than his share from the Diyah stipulated in Sharia, other heirs become obliged to waive their right to Qisas and take their share from the Diyah as well." [Hashyat Ibn Abdeen Ala-Asharih Al-Khabeer].

As clearly stated in the aforementioned quotation, if one of the two guardians of the victim, in intentional killing, waived his right to Qisas against taking more or less than his share in the Diyah, then the other guardian is obliged to follow suit. This is also supported by the Hadith of the Prophet (PBUH): "There is no injury nor return of injury". And Allah Knows Best.

 

Head of the Iftaa` Board, The Grand Mufti of the Hashemite Kingdom of Jordan, His Grace Sheikh Abdulkareem Al-Khasawneh

Vice Head of the Iftaa` Board, Dr. Ahmad Hilayel

Dr. Yahia Al-Botoosh/ Member

His Eminence, Sheikh Sa`ied Hijjawi/ Member

Dr. Mohammad Khair Al-Essa

Judge Sarrie Attieh

Dr. Abdulrahman Ibbdah/ Member

Dr. Mohammad Oklah/ Member

Dr. Abduln`nassir Abu Al Bass`al/ Member

Dr. Mohammad Al-Khalayleh/ Member

Dr. Mohammad Al-Gharaibeh/ Member

Executive Secretary of the Iftaa` Board, Sheikh Mohammad Al-Hunaiti

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Summarized Fatawaa

What is the ruling on one who performs ablution or the ritual bath while having nail polish?

Nail polish must be removed before ablution or ritual bath so that water reaches what is beneath it, because it is a barrier that prevents water from reaching that area. This is based on the hadith narrated by Ali (may Allah be pleased with him) from the Prophet (peace be upon him): "Whoever leaves a hair's breadth of his body unwashed from major impurity, such and such will be done to him in the Fire." (Reported by al-Bukhari). And Allah the Almighty knows best.

What is the Islamic ruling on the Udhiyah (sacrificial offfering)?

 
 
Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
The Udhiyah (sacrificial offering) is a Confirmed Sunnah (Sunnah Mu’akkadah) for every adult Muslim of sound mind who possesses the financial means, whether they are a resident, a traveler, or a pilgrim (Haj). This is based on the statement of the Prophet ﷺ: 'When the ten days [of Dhu al-Hijjah] begin and one of you desires to offer a sacrifice, let him not touch [cut] anything of his hair or skin' [Narrated by Muslim].
 
The point of evidence (Wajh al-Dalalah) here is that the Prophet ﷺ linked the sacrifice to the individual's will and desire by saying, 'and one of you desires.' This indicates that it is not obligatory (Wajib); had it been mandatory, he would have simply said, 'let him not touch his hair until he sacrifices' [without making it conditional upon desire].
 
Furthermore, it is narrated that Abu Bakr and Umar (may Allah be pleased with them both) would sometimes refrain from offering the sacrifice out of fear that people might mistakenly view it as an obligatory duty [Narrated by al-Bayhaqi and others with a good (Hasan) chain of transmission]. And Allah the Exalted knows best.

What is the ruling on a woman who takes medication to delay menstruation for fasting?

If a woman takes medication (to delay menstrual period) and does not experience menstruation, her fast is valid. However, she is not advised to do so unless there is a necessity.
If the medication harms her, even potentially, it is forbidden (haram) for her to take it.

Is a woman sinful if she fasts out of shyness from her family while menstruating or in postnatal bleeding?

It is forbidden for a woman who is menstruating or in postnatal bleeding to abstain from food and drink with the intention of fasting. If she fasts out of shyness, she is sinful, as her fast is not valid.
However, if she refrains from eating and drinking without intending to fast, it is not forbidden, but she unnecessarily burdens herself without need.

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