Resolutions of Iftaa' Board



Resolutions of Iftaa' Board

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

Date Added : 25-01-2018

 

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 one that he had killed for the motivation of inheritance?
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" ([1]). And Allah Knows Best.

 

 

 

([1]) Related by Abu Dawood in [Al-Sunn] - The Diyat Book/Organ's Diya Chapter. Hadith No.(4564) taken from the Narration of Amr Ibn Sho'aib who related from his father from their granfather. Al-Baihaqee commented in [AL-Sunn Al-Kobra] by saying: "The authentication of this Hadith is taken from other Hadithes" 

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Summarized Fatawaa

Is a person rewarded for refraining from all that breaks their fast when required to do so, and is it considered a valid fast?

If a person eats or drinks thinking that Fajr has not yet arrived, but then someone informs them that Fajr had already begun, they must refrain from eating for the rest of the day and make up the fast later.
If they observe the required restraint (imsak), they will be rewarded for obeying the command because fulfilling an obligation brings reward.
However, this is not considered a valid fast in terms of rulings. For example:
● It is not disliked (makruh) for them to use a miswak after noon.
● They are not encouraged to hasten the breaking of the fast at sunset.
● Other fasting-related rulings do not apply to them.

How is the beginning of Ramadan determined?

1. Completing 30 days of Sha‘ban, or
2. Sighting the crescent moon after sunset on the 29th day of Sha‘ban.
It is Sunnah to search for the moon, and it is obligatory to follow the official authorities responsible for announcing it.

Is supplicating in Qunoot, at times of affliction, during obligatory and voluntary prayer a Sunnah, and should it be done before Rukoo` (bowing), or after it?

At times of affliction, it is a Sunnah that Muslims supplicate in Qunoot after the final Rukoo` of each obligatory, or voluntary prayer as individuals, or in congregation.

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.