Resolutions of Iftaa' Board



Resolutions of Iftaa' Board

Resolution No.(26): “Diya and its Rulings“

Date Added : 28-10-2015

Resolution  No.(26): “Diya and its Rulings“

Date: 25/6/1413 AH corresponding to 19/12/1992 AD

The Board has received the following question:
What is the value of Diya (blood money) and what are the rulings pertaining to it?
Answer: All success is due to Allah.
The Board has determined the following:
A- Value of Diya
1- In principle, the value of Diya is a hundred camels. However, it is permissible to assess its value according to the currency of the country where the verdict was issued.
2- The value of camels is calculated according to their minimum price in the Islamic countries, and transportation costs are added.
3- The Diya in premeditated and quasi-intentional killing is denser, so an extra third is added on its original amount.
4- A committee of Sharia judges and experts is formed to determine the value of Diya in Jordanian currency in accordance with the above principles, whenever necessary.
B- Aqila
Diya is an obligation on the killer`s Aqila in accidental and quasi-intentional killings, according with the following rulings:
1- A person`s Aqila is his male blood relatives, classified in accordance with their degree of kinship.
2- Diya is shouldered by the killer`s Aqila, each according to his financial capability.
3- Diya is due on those legally competent.
4- The maximum share due on any member of the killer`s Aqila shall not exceed two hundred and fifty JDs., divided over a span of three years.
5- The Sharia judge rules that the whole Diya is due on the killer regardless of the type of killing, and the killer has the right to demand the members of his Aqila to pay the sums due on each in line with these rulings.
6- A killer who has no Aqila shall pay the whole Diya, regardless of the type of killing.
7- If a government or a non-government employee committed murder due to the nature of his work, and without negligence or carelessness on his part, then the public treasury or the organization that he works for shall pay the whole Diya.
8- Dwellers of villages, or neighborhoods who are members of the same clan obliged to pay the Diya of the person who found dead in their area, and whose killer wasn`t known, after the avengers of the blood heir offer compurgation (by oath) in the proper legal form. And Allah Knows Best.

Chairman of the Iftaa` Board, Chief Justice Dr.Nooh Al-Qodaat

Deputized Grand Mufti of Jordan, Sheikh Saeid Hijjawi

Dr. Abdassalam Al-Abbadi

Dr. Ahmad Hilayel

Mahmood Shewayat

Dr. Omar Al-Ashkhar

Dr. Ali Al-Faqheer

Dr. Mohammad Naeim Yaseen

Dr. Ibrahim Khash-shan

Dr. Yaseen Daradkeh

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Summarized Fatawaa

What is the ruling on the follower`s prayer if the Imam stands for a fifth rak`ah?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
If the Imam stands up for an extra unit (rak‘ah) of prayer out of forgetfulness, he must return to the sitting position as soon as he remembers, and he should perform the prostration of forgetfulness (Sujud al-Sahw). It is the duty of the congregants (Ma’mumin) behind him to remind him. However, if the Imam is in a state of doubt regarding the extra unit (and not certainty), it is not permissible for him to return.
 
As for the congregants: anyone who is certain that the Imam has stood for an extra unit is forbidden from following him. In this case, the follower has two choices: either intend to separate from the Imam (Mufaraqah) and finish the prayer alone, or wait for the Imam in the sitting position and perform the final salams with him—the latter being the preferred option. If a follower knowingly follows the Imam into an extra unit, their prayer becomes invalid. However, if a follower is in doubt and not certain of the mistake, they must continue following the Imam, as the Imam was appointed to be followed.
 
It is stated in Al-Majmu’ (Vol.4/P.145): 'If [the Imam] stands for a fifth rak‘ah, the follower should not follow him, even if it is assumed that the Imam might have omitted a pillar from a previous unit; because if the reality is known, following him is impermissible since the follower has certainly completed their own prayer. Even if the follower had missed a previous unit (Masbuq) or was in doubt about performing a pillar like the Fatihah, and the Imam stood for the fifth, it is not permissible for the latecomer to follow him in it. This is because we know that this unit is not counted for the Imam and that he is mistaken in performing it.' And Allah the Exalted knows best.

Is it permissible to pay the Fitr Zakah (obligatory charity) of Ramadan on behalf of a dead person?

The Fitr Zakah of Ramadhaan isn`t due on one who had passed away before the sunset of the last day of Ramadan. And Allah Knows Best.

What is the ruling of Islamic Law regarding one who slaughters a ewe and it turns out to have been pregnant, and is it permissible to slaughter the ewe if one knows it is pregnant?

Praise be to Allah, and peace and blessings upon our master, the Messenger of Allah.
If a person slaughters a ewe and it turns out to have been pregnant, the fetus becomes lawful (ḥalāl) by virtue of its mother's slaughter (tabaʿan li-ummihā).
It is stated in Mughnī al-Muḥtāj (Vol.6/P.158): "A fetus found dead [after the mother's slaughter], or found alive but in a state resembling that of a slaughtered animal [i.e., dying shortly after], becomes lawful — whether or not it had grown fur — provided it is found in the womb of a mother that was lawfully slaughtered, whether her slaughter was by cutting the throat, or by an arrow or hunting dog sent after her. This is based on the ḥadīth: 'The slaughtering of the fetus is [effected by] the slaughtering of its mother' [narrated by al-Tirmidhī, who graded it ḥasan, and by Ibn Ḥibbān, who graded it ṣaḥīḥ] — meaning that the slaughter which rendered the mother lawful renders the fetus lawful as well, by virtue of following her; and because the fetus is one of her constituent parts, and her slaughter renders lawful all of her parts."
This ruling differs, however, from the case of one who knows from the outset that the ewe is pregnant [and intends to sacrifice her specifically as the udḥiyah while pregnant] — in which case, according to the Shāfi'ī school, she does not fulfill the requirement of a valid sacrifice.
It is stated in Ḥāshiyat al-Bujayrimī 'alā al-Khaṭīb (Vol.4/P.335): "A pregnant animal does not fulfill the requirement [of a valid sacrifice], and this is the authoritative position (al-mu'tamad), because pregnancy diminishes the quality of the meat. As for why such an animal is nevertheless counted as complete [i.e., fully valid] in matters of zakāh, that is because the intent there is reproduction (nasl), not the quality of the meat.". And Allah, the Most High, knows best.

Is it permissible to slaughter a single sheep with the combined intention of both the uḍḥiyyah and the 'aqīqah?

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
According to Shaykh al-Islām Imam Ibn Ḥajar al-Haytamī, it is not permissible to combine the intention of the uḍḥiyyah and the 'aqīqah in a single animal, as each of the two has a distinct and separate cause that differs from the other.
However, Shaykh al-Islām Imam al-Ramlī permitted the combining of both intentions in a single animal — and this position offers a degree of latitude and ease. And Allah Almighty knows best.