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Resolutions of Iftaa' Board

Resolution No.(8): “Ruling on an Heir Inheriting the Person that he had Killed“

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

A woman is asking for divorce although she is still breastfeeding. What is the Islamic ruling on this?

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.
It unlawful for a woman to seek divorce without a valid Sharia excuse. And Allah The Almighty Knows Best.

My husband has deprived me of visiting my family and is threatening to take my 7-month-old baby girl. Is he entitled to do so?

All perfect praise be to Allah the Lord of the Worlds. May His peace and blessings be upon our Prophet Mohammad and upon all his family and companions.
Your question is unclear, but family visitation is a legitimate right of yours. However, if he deprives you from this, try to convince him with wisdom and fair preaching. If there is a problem between you two, try to fix it. As for your daughter, you are most entitled to her custody anyway. Even if he divorced you, the girl remains under your care so long as you don`t get married. And Allah The Almighty Knows Best.

What should one who forgot to offer the second Sajda during congregational prayer, and remembered it before the end of the prayer do?

All perfect praise be to Allah, The Lord of The Worlds.                                                                                                                                                          Whoever forgets a pillar of prayer while in congregation must follow the lead of the Imam, and after the latter offers Tasleem, he should offer one Rakah, then perform Sujood As-Sahw (prostration of forgetfulness). And Allah Knows Best.

What is the best charity to offer on behalf of the deceased? Is it giving food, reciting Quran, giving money or supplicating? What is the best charity to offer on behalf of dead father and dead husband? What is the best continuous charity to offer on behalf of the deceased?

Praise be to Allah the Lord of the Worlds. The deceased benefits from every righteous deed offered on his/her behalf, be that continuous charity, reciting Quran or a pious son praying for him/her. However, the best righteous deed is performing Haj and Omrah on their behalf especially if he/she hadn`t performed that ritual for it remains a debt on them. The evidence on this is that Ibn 'Abbas (Allah be pleased with them) reported: A man came to the Messenger of Allah (PBUH) and said: "Messenger of Allah, my mother has died (in a state) that she had to observe fasts of a month (of Ramadan). Should I complete (them) on her behalf? Thereupon he (the Holy Prophet) said: Would you not pay the debt if your mother had died (without paying it)? He said: Yes. He (the Holy Prophet) said: The debt of Allah deserves more that it should be paid."{Related by Muslim}. And Allah the Almighty knows best.

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