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Resolutions of Iftaa' Board


Resolutions of Iftaa' Board

Resolution No. (169): "The Heirs aren`t Entitled to the Inheritance, Save after Paying off the Deceased`s Debts"

Date Added : 25-10-2015

Resolution No. (169), By The Board of Iftaa', Researches and Islamic Studies:

"Resolution No. (169) "The Heirs aren`t Entitled to any portion of Inheritance, Save after Paying off the Deceased`s Debts"

Date: (25/9/1432AH), corresponding to (25/8/ 2011AD)

 

Praise be to Allah, peace and blessings be upon Prophet Muhammad and upon His Family and companions.

During the above given date, the Board reviewed  the following question:

My brother (May Allah have mercy on his soul) was killed in line of duty. He has been indebted with almost forty thousand dinars as installments of a flat that he purchased through the Jordan Islamic Bank - (300JDs) per month. (82885JDs) are due to his heirs and this amount was given to them in cheques with different payments. However, they have refused to pay off his debts. What is the Sharia ruling on this and can they take their shares from the estate before paying off the deceased`s debts?

After thorough study and deliberation ,the Board  decided the following :

The heirs aren`t entitled to take anything from the deceased`s estate, save after paying off his debts because Allah Says in the verses on inheritance (What means): “After any bequest they may bequeath, or any debt.” {An`Nisa`/12}. And Abdullah bin Amr bin Al-Aaas (May Allah Be pleased with them) reported that the Messenger of Allah (PBUH) said: “A martyr is exempt of all sins except debt.” {Muslim, 4991}.

Accordingly, the heirs are not entitled to anything from the property of the deceased  except after paying off his debts. However, if they had taken their shares from the inheritance  and later on found out that he was indebted, then each of them - young or old - must pay the debt percentage due on their share. Any heir who abstains from doing so is considered sinful according to Islamic Sharia and is to be called to account for denying  the right of the deceased regarding the settlement of the latter`s debt before Allah.

Therefore, if all of the heirs  pay off  the debt  from  their shares ,the flat becomes theirs – each according to his/her share – and the rest of the inheritance is divided amongst them according to Sharia.

The Board is of the view that  the heirs should treat the children of the martyred mercifully and compassionately, and not to leave them homeless because Allah Says (What means): “And let them fear those who, if they leave behind them weak offspring would be afraid for them; let them fear God and speak pertinent words. “ {An-Nisa`/9}. And Allah Knows Best.

 

 

Chairman of the Iftaa` Board 

The General Mufti of The Hashemite Kingdom of Jordan :His Eminence , Abd Al-Kareem Al-Khasawneh

Vice Head of Iftaa` Board:  His Eminence Dr. Ahmad Hilayel

Dr.Yahia Al-Botosh/member

His Eminence :Sheikh Sa`id Al-Hijawi/member

Dr. Mohammad Khair Al-Essa/member

His Excellency : Judge Sari Attieh/member

.Dr.Abdulrahman Ibdaah/member

Dr.Mohammad Oglah Al-Ibrahim/member

Dr.Abdulnasir Abulbasal/member

Dr.Mohammad Al-Zo`bi/member

Dr.Mohammad Al-Gharaibeh/member

Executive Secretary of Iftaa`Board:Sheikh Mohammad Al-Hinaiti

 

 

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Summarized Fatawaa

How many prostrations of Quranic recital are there, and is it permissible not to offer them while reciting?

There is one prostration for the Quranic recital, and it is a Sunnah for which one is rewarded upon offering it. However, one who doesn`t isn`t punished. Therefore, those who fail to offer it aren`t considered sinful, rather they deprive themselves from the reward.

Does passing wind, from the anus without a smell, invalidate prayer?

If a person is certain of having passed wind even if it was with no smell, then both his/her ablution and prayer are invalidated, thus he/she should remake ablution and re-perform prayer.

Does an internal medical examination for a woman affect her fast?

An internal medical examination for a woman invalidates the fast because it involves the entry of a foreign object into the body cavity (jauf) while fasting.
In this case, the woman must refrain from eating and drinking for the rest of the day out of respect for Ramadan and make up for the missed fast after Ramadan.
Such an examination should be avoided in Ramadan and other months unless absolutely necessary, as exposing the private parts is only permissible in cases of necessity.
If necessary, a woman should seek a Muslim female doctor first. If one is unavailable, she may see a female doctor from the People of the Book (Jews and Christians). If neither is available, she may consult a trustworthy and competent Muslim male doctor.

If a woman becomes pure from menstruation before the Fajr Adhan in Ramadan, is she required to fast?

If a woman becomes pure (from menstrual period) before the Fajr Adhan, she must fast, as the impediment preventing her from fasting has been removed. The Sharia maxim in this regard states: "When the impediment is removed, the obligation returns."
She should then make the intention to fast before Fajr and perform ghusl (ritual purification) for prayer, whether before or after Fajr.

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