Resolutions of Iftaa' Board



Resolutions of Iftaa' Board

Date Added : 27-10-2015

Resolution No.(8) by the Board of Iftaa`, Research and Islamic Studies:
“Ruling on an Heir Inheriting the Person that he had Killed“
Date: 6/4/1407AH, 7/12/1986 AD

Question: What is the ruling on  an heir receiving a share from the estate of the person that he  killed?
Answer: Praise be to Allah, The Lord of the Worlds.
The Board is of the view that the husband`s killing of his wife is unlawful, so it has decided that in this particular case, the killer doesn`t inherit the killed. In fact,  this is the view of the Hanafite`s juristic school and it is effective in the Jordanian Civil Status Law. This is also the view of all juristic schools which stipulate that a killer (an heir) is excluded from inheriting the killed in case of unlawful killing, whether it was intentional, or accidental. This is supported by what was narrated after the Prophet (PBUH) who said (What means): “An heir receives no inheritance from the person that he killed“. And Allah Knows Best.

The Board of Iftaa`
Chairman of the Board, Chief Justice, Mohammad Mohailan
The Grand Mufti of Jordan, Vice Chairman of the Iftaa` Board: Izz al-Deen al-Tamimi
Dr. Nooh al-Qodat                Dr.Ibrahim al-Keelani
Dr. Abdulfatah Amr              Dr. Abdulhalim Ar-Ramahi
Dr. Mostafa Az-Zarqa           Dr. Mahmood al-Sartawi
Dr. Mahmood al-Reffai        Dr. Abdulssalam al-Abbadi

 

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Summarized Fatawaa

I have concluded my marriage contract at a Sharia court; however, one day I was talking to my fiancée over the phone and she got on my nerves leading me to utter one divorce. This is knowing that I can`t tell my her father because he is very strict and will not accept that at all. What is the best course of action that I should pursue in this situation?

All perfect praise be to Allah the Lord of the Worlds. May His peace and blessings be upon Prophet Mohammad and upon all his family and companions.
When divorce takes place before the consummation of marriage it is called Ba`in divorce* (Minor irrevocable divoce), so your wife is considered unlawful to you until you conduct a new marriage contract and pay Mahr* , and you should visit the Iftaa` Department in order to know the correct Fatwa. And Allah The Almighty Knows Best.

* Minor irrevocable divorce Talaq Al-Ba'in Binona Soghra: It is a divorce where the husband cannot take his ex-wife back unless with her consent, conducting a new marriage contract and paying new bridal wealth Mahr.

* In Islam, a Mahr is the obligation, in the form of money or possessions paid by the groom, to the bride at the time of Islamic marriage. While the Mahr is often money, it can also be anything agreed upon by the bride such as jewelry, home goods, furniture, a dwelling or some land.

Is it permissible for a person, who vowed to offer two Rak`ahs (units of prayer) everyday for Allah`s sake, to do so after the Fajr (dawn) prayer?

In principle, a vow should be fulfilled as it was originally intended, and if its time lapses then, it should be fulfilled at any time because of the vow. Therefore, it is permissible to offer them after the Fajr prayer, and there is no prohibition in doing so. However, it is preferable for him to offer these two Rak`ahs at some other time to avoid the disagreement amongst the scholars in this regard.

Is it permissible for the woman to use her mobile phone while on the street?

All Perfect Praise is due to Allah, The Lord of The Worlds 

Modesty should be observed by the woman at all times, so she is free to use her phone while on the street as long as it is done within the limits of Islamic manners. And Allah The Almigty Knows Best.

Is it permissible to say: "O Allah, by the status of the saints and the righteous, and our master Muhammad, peace be upon him, grant us the ability to reach Ramadan"?

What is mentiond by the righteous predecessors that they used to say: "O Allah bless us in Shaba'an and Rajab and give us the ability to reach Ramadan." [Shoa'ab Al-Iman/vol.3/pp.375]. And Allah Knows Best.