عربي
Home


Resolutions of Iftaa' Board


Resolutions of Iftaa' Board

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

 

Decision Number [ Previous | Next ]


Summarized Fatawaa

We collect funds from mosques and other sources, saying: "For the poor, the needy, widows, orphans, and those who do not beg insistently." After paying the stipends of the families registered with the Zakat Committee, an amount exceeding 6,000 dinars remained. Is it permissible for me to save it for upcoming months when I may not be able to collect the stipends?

These funds are received by the committee as representatives of the zakat payers to deliver zakat to those entitled to it. It is well-known that delaying zakat while being able to pay it is not permissible. Imam Al-Nawawi (may Allah have mercy on him) said: "Zakat must be paid immediately if one is able to do so, by the presence of wealth and the eligible categories." [Al-Minhaj] Therefore, the committee must distribute the zakat to the eligible recipients without installment payments or using it to purchase material goods for them, as the committee does not have authority over the poor to allocate it in this way. And Allah Knows Best.

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.

What is the ruling on reciting the Chapter after Al-Faatihah , and what should a worshiper who forgets it do?

All perfect praise be to Allah, The Lord of The Worlds.                                                                                                                                                                  Any other part of Qur'an that a worshiper reads after Al-Faatihah during the first and the second Rak`ahs is a Sunnah, and forgetting to do so doesn`t nullify prayer, and doesn`t require performing Sujood As-Sahw (prostration of forgetfulness). And Allah Knows Best.

What is the ruling of Sharia on giving the name "Wanas" to a child?

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.
That is all right so long as the name doesn`t imply something bad. And Allah The Almighty Knows Best.

See More