Resolutions of Iftaa' Board



Resolutions of Iftaa' Board

Resolution No.(159): "Ruling on Dividing Part of the Blood Money Accepted by one of the Victim`s Heirs from the Killer`s Family, in Intentional Killing, amongst other Heirs, each according to his Share as Stipulated in Sharia"

Date Added : 02-11-2015

 

Resolution No.(159) (25/2010) by the Board of Iftaa`, Research and Islamic Studies:

"Dividing Part of the Blood Money Accepted Amongest Heirs in Intentional Killing, each according to his Share as Stipulated in Sharia"

Date: 17/1/1432 AH, corresponding to 23/12/2010 AD.

 

All perfect praise be to Allah, The Lord of The Worlds; and may His blessings and peace be upon our Prophet Mohammad and upon all his family and companions.

During its twelfth session held on the above date, the Board reviewed the following question:

Five years ago, my son was intentionally killed in Saudi Arabia by a Saudi citizen. Two weeks passed over his marriage to a Jordanian woman before he was murdered. When the killer was sent to court, his family offered (25) million Riyals as Diyah (blood money) in return for waiving our right to Qisas (retribution). I along with his father insisted on Qisas and obtained an authorization to that end from all the heirs of my son including his wife.

Several years later, the court ruled for Qisas. However, one hour before the execution of that sentence, we were told that it has been delayed and I was told to check with the Saudi Ministry of Interior.

When I arrived there, I found out that my son`s widow has waived her right to Qisas in return for (5) million Riyals, and so the killer`s life will be spared and we will receive (25) million Riyals as Diyah.

Is the five million Riyals received by my son`s widow hers or should that sum be divided amongst his heirs as stipulated in Sharia.

 After prolonged deliberations, the Board decided:

The five million Riyals received by the victim`s widow from the killer`s family must be divided amongst the heirs of the killed in accordance with Sharia. This is the opinion of the Malikite jurists and it is most compatible with the principles of justice, the provisions of Sharia and  the juristic principle pertaining to warding off harm. 

It is stated: "If one of the victim`s heirs waived his right to Qisas in return for an amount, which is more or less than his share from the Diyah stipulated in Sharia, other heirs become obliged to waive their right to Qisas and take their share from the Diyah as well." [Hashyat Ibn Abdeen Ala-Asharih Al-Khabeer].

As clearly stated in the aforementioned quotation, if one of the two guardians of the victim, in intentional killing, waived his right to Qisas against taking more or less than his share in the Diyah, then the other guardian is obliged to follow suit. This is also supported by the Hadith of the Prophet (PBUH): "There is no injury nor return of injury". And Allah Knows Best.

 

Head of the Iftaa` Board, The Grand Mufti of the Hashemite Kingdom of Jordan, His Grace Sheikh Abdulkareem Al-Khasawneh

Vice Head of the Iftaa` Board, Dr. Ahmad Hilayel

Dr. Yahia Al-Botoosh/ Member

His Eminence, Sheikh Sa`ied Hijjawi/ Member

Dr. Mohammad Khair Al-Essa

Judge Sarrie Attieh

Dr. Abdulrahman Ibbdah/ Member

Dr. Mohammad Oklah/ Member

Dr. Abduln`nassir Abu Al Bass`al/ Member

Dr. Mohammad Al-Khalayleh/ Member

Dr. Mohammad Al-Gharaibeh/ Member

Executive Secretary of the Iftaa` Board, Sheikh Mohammad Al-Hunaiti

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Summarized Fatawaa

Is it obligatory to have the intention for each day of fasting, or is one intention sufficient for the whole month?

The intention is obligatory for each day of Ramadan because each day is an independent act of worship separate from the others.
The intention must be made at night before the break of dawn, as the Prophetﷺ said: "Whoever does not intend fasting at night, there is no fast for him." [An-Nasa’i] 
And he also said: "Whoever does not firmly resolve to fast before dawn, there is no fast for him." [At-Tirmidhi, Abu Dawood, and An-Nasa’i]
Whoever wakes up and eats Suhoor while mindful of fasting has made the intention. Likewise, one who firmly intends at any moment during the night to fast the next day has also fulfilled the intention.

Is it permissible to give multiple mudds (portions) of fidyah to a single person?

Yes, it is permissible to give multiple mudd of fidyah to a single person, because each day of fasting is considered an independent act of worship.

What are the conditions for the validity of the slaughtering process according to Sharia?

Praise be to Allah, and peace and blessings be upon our master, the Messenger of Allah.
 
Regarding the Sharia-mandated conditions for the validity of the slaughtering process (Adh-Dhabh), they are as follows:
 
The Identity of the Slaughterer: The person performing the slaughter must be either a Muslim or from the People of the Book (Christian or Jewish).
 
The Required Cuts: Both the trachea (windpipe/breathing passage) and the esophagus (food passage) must be completely severed.
 
Stability of Life: The animal must possess stable life at the start of the slaughtering process. This is identified by clear signs, such as vigorous movement or the forceful gushing of blood after the throat and esophagus are cut.
 
The Tool of Slaughter: The tool used must be sharp, capable of cutting or piercing by its edge and not by its sheer weight or blunt force.
 
And Allah the Almighty knows best.

How is Laylat al-Qadr observed?

Laylat al-Qadr is observed through various acts of worship and obedience, including:
● Performing obligatory, Sunnah, and voluntary prayers
● Reciting the Quran
● Increasing remembrance (dhikr) of Allah
● Giving charity
● Performing I‘tikaf
● Inviting others to Allah
It is also Sunnah to increase in supplication and humbly beseeching Him, Glorified and Exalted be He.