Resolutions of Iftaa' Board



Resolutions of Iftaa' Board

Resolution No.(16): “Inheriting on Basis of Wala (Allegiance) and Manumission“

Date Added : 02-11-2015

Resolution No.(16) by the Board of Iftaa`, Research and Islamic Studies:
“Inheriting on Basis of Wala (Allegiance) and Manumission“
Date: 29/1/1411 AH, 20/8/1990 AD

 

We have received the following question: 
Mr. (Q) died this year in Makkah. His father Mr. (P) was a manumitted slave of Mr. (Y). Mr. (P) who had an heir (D) died without leaving him any estate. What is the ruling of Sharia on (D), does he remain manumitted like his father, or does he become free by the manumission of his father?
Mr. (Q) has died leaving a wife, a bequest, a debt, movable and immovable property in banks and companies...etc. His sole heir was his wife since he had no paternal relatives. Are the heirs of Mr. (Y) eligible to receive any share from the estate of Mr. (P) If yes, then to whom. The question that arises here is: who inherits Mr. (Q), and how should his estate be distributed after his debts are settled and his bequest is executed in charitable causes?
Answer: All success is due to Allah.
In this case, Mr. (Y) isn`t entitled to receive anything from the estate of Mr. (P). However, Mr. (Q`s) wife`s share is a quarter, and the rest of the estate is given to the public treasury because Mr. (P`s) mother is originally a free woman. This is based on what was stated in the books of jurisprudence: {Moghni Al-Mohtajj} and {Ash-sharh Al-Kabeer}; in volume (7), (P243) , in addition to another page of the latter book (247), that reads as follow: “One whom any of his free parents was originally free isn`t bound to pledge allegiance to anyone“. 
According to the articles of the Jordanian Law in force: “Mr. (Q`s) wife shall receive a quarter of his estate according to Islamic Sharia, and she shall also take the rest of his estate because she is his sole heir. This is stipulated in article (181) of the Jordanian Civil Status Law, which states that the rest of the estate shall be received by one of the spouses in case one of them died while having no paternal relatives.“ And Allah Knows Best.

 

Chairman of the Iftaa` Board, Chief Justice, Mohammad Mohailaan
The Grand Mufti of Jordan, Izz Ad-Deen At-Tamimi
Dr. Yaseen Dradkeh
Dr. Ahmad Hilayel
Dr. Ibrahim Zaid Al-Khaylani

 

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Summarized Fatawaa

A pregnant woman has iron deficiency. When she showers, she becomes very tired and feels cold. What is the ruling on tayammum in this situation?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
One should not resort to tayammum (dry ablution) as a substitute for the obligatory ghusl (ritual bathing) so long as it remains possible to use water — for example, by heating the water, warming the place where the bathing takes place, or taking other similar precautions. However, if such measures prove ineffective, or are simply not possible to carry out, and performing ghusl [with cold water] would result in severe harm, then tayammum becomes permissible in that case, due to genuine inability to use water on account of the harm that would result, as described in the question. That said, she must make up (qaḍā') the prayers she performed using this tayammum.
It is stated in Bushrā al-Karīm: "One should not perform tayammum on account of cold unless warming the limbs fails to remove the aforementioned harm, and no means are available to heat the water — such as a vessel, firewood, or fire — and one fears [that using cold water would result in] any of the harms mentioned earlier in the discussion on illness: danger to life, loss of function in a limb, the onset or worsening of an illness, delayed recovery, or the [visible bodily] blemish mentioned in that discussion on illness. In such a case, tayammum becomes permissible due to the harm involved, but the prayer must still be made up afterward (qaḍā'). If, however, warming the body proves effective, or the means to heat the water are available, or none of the aforementioned harms are feared — then tayammum is not permissible, even if using the water causes some degree of discomfort or pain, since mere discomfort alone does not permit resorting to tayammum." And Allah, the Exalted, knows best.

What is the ruling on combining more than one intention in the prayer, such as combining the *sunnah* of wuḍūʾ with the pre-Dhuhr *sunnah*, or combining the *sunnah* of greeting the mosque (*taḥiyyat al-masjid*) with the pre-Dhuhr *sunnah*?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
Combining two intentions in a single act of worship, which some jurists call the “overlapping of acts of worship”, has several cases and precise rules. These can be consulted in the books of legal maxims, such as al-Manthūr fī al-Qawāʿid al-Fiqhiyyah by al-Zarkashī and al-Ashbāh wa’l-Naẓāʾir by al-Suyūṭī. Among the most important of these rules:
First: If all of the acts of worship that one wishes to combine under one intention are obligatory, the intentions do not overlap. An example is combining the intention of the obligatory ʿAṣr prayer with that of the obligatory Dhuhr prayer. The intentions do not overlap in this case.
Second: If the two acts are specified supererogatory prayers (nawāfil muqayyadah) that are aimed at in themselves because of a particular time, occasion, or cause, or if they are an obligatory prayer and a specified supererogatory prayer, the intentions again do not overlap. An example is the Duha prayer, which may not be combined with, for instance, the regular sunnah of Dhuhr.
It is stated in Bushrā al-Karīm: “Whatever is not, in meaning, an absolute voluntary prayer, such as the Duha sunnah… is not subsumed under another. Rather, if he intends something else along with it… the prayer is not validly entered. This is because combining two obligations, two specified supererogatory prayers, or an obligation and a specified supererogatory prayer invalidates the prayer in cases not built upon overlapping, as ritual purification (ṭahārah) is.”
Third: If the two acts are absolute voluntary prayers (nawāfil muṭlaqah), or one of them is, where the texts of the Sharīʿah show that the aim of the voluntary act is to fill the time with worship, then overlapping of intentions is permissible. An example is the obligatory Dhuhr prayer together with the sunnah of greeting the mosque (taḥiyyat al-masjid). And Allah Almighty knows best.

What is the ruling on using eye drops while fasting?

Eye drops do not break the fast, even if the taste reaches the throat, because the eye is not an open passage to the body cavity.

What is the age of the Aqiqa or the Udhiyah?

 
Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
The minimum age for a sacrificial animal (Udhiyah) and the birth sacrifice (Aqiqa) is as follows:
 
Camels: Five years old, entering their sixth year.
 
Cattle and Goats: Two years old, entering their third year.
 
Sheep: One year old, entering their second year; however, it is permissible for a sheep to be six months old provided it is large in size and plump.
 
And Allah the Exalted knows best.