Resolutions of Iftaa' Board



Resolutions of Iftaa' Board

Resolution No. (268): "Ruling on Giving Males and Females Equal Portions of Inheritance"

Date Added : 31-12-2018

Resolution No.(268) (22/2018) by the Board of Iftaa`, Research and Islamic Studies:

"Ruling on Giving Males and Females Equal Portions of Inheritance"

Date: (05/Rabi` Rabīʿ al-Thaani/1440 AH), corresponding to (13/12/2018).

 

 

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

 

On its fourteenth session held on the above date, the Board reviewed the questionnaire about the permissibility of giving equal portions of inheritance to males and females on absolute basis. Some say that the verse" Allah chargeth you concerning (the provision for) your children: to the male the equivalent of the portion of two females…"{An-Nisa`, 11} isn`t a clear revelation, Quranic texts are amenable to Ijtihad (Independent reasoning or the thorough exertion of a jurist`s mental faculty in finding a solution to a legal question) and the Quran suits every time and place. Does the ruler have the authority to pass a law whereby males and females take equal shares of inheritance?

 

After deliberating, the Board arrived at the following:

 

Inheritance is clearly prescribed in the Noble Quran where Allah, The Almighty, Has Taken charge of dividing it rightfully and justly so that the people deal with each other justly. He, the Exalted, Hasn`t Left this matter to the will of a ruler nor the Ijtihad of a researcher. He, The Almighty, Said (What means): "It is an injunction from Allah. Lo! Allah is Knower, Wise." {An-Nisa`, 11}. Since an injunction is an obligation, then there is no room, here, for Ijtihad. This is not because this divine division contradicts justice; rather, it achieves justice. Therefore, upon the death of a father or a mother who has male and female children, the inheritance is divided on basis of the aforementioned verse: "to the male the equivalent of the portion of two females." This is a text of definitive authenticity and implication, so there is no room, here, for construing or distorting.

Scholars have pointed out that the financial burden shouldered by the inheritors is one of the key standards deemed considerable by the Lawgiver with regard to laws of inheritance. In light of the just Islamic system, the civil status regulations along with the familial code have imposed on the male, be he a husband, a son or a brother, huge financial burdens towards his dependents, and this aims to honor and protect women, in particular, against poverty and need. Another example on those burdens is that the man is obliged to give Mahr (Bridal gift) to the woman, even if she is rich; whereas, she doesn`t have to provide for him since she is financially independent. To face all these burdens, the portion of the male is equivalent to the portion of two females, as indicated in the above scenario. At the same time, in other scenarios, the portion of a female is higher than that of a male because there are two other standards correlating with the above standard (Financial burden), and they are degree of kinship and generation. None is allowed to interfere in this meticulous division and none can understand its details nor the wisdom behind it.

In conclusion, the Board confirms the definitiveness of the divine injunction (to the male the equivalent of the portion of two females) mentioned above and calls on all Muslims to pursue real reform and work on uplifting the Muslim Nation socially, economically, politically and scientifically. And Allah Knows Best.

 

 

Chairperson of Iftaa` Board,

Grand Mufti of Jordan,

Dr. Mohammad Al-Khalayleh

Sheikh Abdulkareem AlKhasawneh/ Member

Sheikh Sa`eid Al-Hijjawi/ Member 

Prof. Abdullah Al-Fawaaz/ Member

Dr. Muhammad Khair Al-Issa/ Member

Dr. Majid Al-Darawsheh/ Member

Prof. Adam Noah/ Member

Judge. Khaled Al-Worikat/ Member 

Dr. Ahmad Al-Hasanat/ Member

Dr. Mohammad Al-Zou`bi/ Member

Dr. Rashaad Al-Khilaani

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Summarized Fatawaa

Is it permissible for a sick person to pray while sitting on a chair?

All perfect praise be to Allah, The Lord of the Worlds                                                                                                                                                                        It is permissible for a sick person, who is unable to stand up, to offer prayer while sitting on a chair. If he/she was unable to prostrate while on the chair, the he/she should pray while sitting on the ground, but if he/she was neither able to bow (Roku),nor to prostrate, then he can do them while sitting on the chair. And Allah Knows Best.

What is the meaning of meaning of the word aqiqah?

 

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
The 'aqīqah in its linguistic sense refers to the hair upon the head of a newborn at the time of birth.
In its Sharī'ah sense, it refers to the livestock that is slaughtered on behalf of a newborn child.
And Allah Almighty knows best.

Is it incumbent on a father to cover the marriage costs of his son if the latter couldn`t afford them?

The son should seek the help of his relatives in order to convince his father to do the aforesaid, and the father should make sure that his son doesn`t commit fornication through helping him to get married, and Allah will reward him for doing so.

Is Zakah (obligatory charity) due on leased property, and how is it calculated?

Zakah isn`t due on the leased property itself, but on the saved income from that property if it reached Nissab (minimum amount liable for Zakah), and a whole lunar year had lapsed over saving it.