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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

Is Zakah (obligatory charity) due on the items used in the trading process such as: cars , shops etc..?

No Zakah is due on equipments used in the trading process such as cars and the like.

How should a person who is afflicted with continued major ritual impurity (incontinence of urine, bleeding outside the monthly period) perform ablution?

Such a person should make ablution for every prayer after its due time and after removing impurities from their body and outfit, and should place a fresh diaper whenever needed so as for the impurity not to spread out. They should also perform prayer immediately even if incontinence of urine continued, and should repeat the aforementioned for every obligatory prayer, then perform optional prayer as much as they want.

Is the marriage, which lacks a valid legal contract, a guardian, and a court registration, valid?

It is incumbent that a valid marriage contract be concluded in the presence of a guardian and two trustful witnesses, and it should be registered in the court to protect the rights of the wife. Actually, a valid marriage contract is what differentiates between sound marriage and fornication.

Someone wiped over his shoes after wearing them in a state of purity, then took them off and prayed without them?

Ablution is not invalidated by taking off leather socks or shoes after wiping over them. However, whoever takes them off after wiping must wash his feet only. If he prayed without washing his feet, he must wash his feet and repeat the prayer. And Allah the Almighty knows best.

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