Is Dawr (Circulate) And Isqat (Annulment) Have A Place In Islam?

Is dawr (circulate) and isqat (annulment) have a place in Islam?

Isqat means clearing a person’s debts of religious obligations such as fasting, nadhr (votive acts of worship) and kaffarat (atonement) unperformed while the person was alive because of various reasons and therefore, saving that person from those debts. It is stated in the Qur’an: “And upon those who are able [to fast, but with hardship] - a ransom [as substitute] of feeding a poor person [each day].” (Baqarah, 2/184). According to this verse, those who are not able to fast in Ramadan or any other time later because of their excuses must pay fidyah for each unobserved day. Based on this verse, majority of Muslim jurists stated that fidyah may be paid for fasting debts of a deceased person who did not observe fasting with or without an excuse and did not perform qada, and further stated that such persons need to make a will for this. The condition of a person who dies in state of being unable to observe fasting may be compared with that of a person who cannot observe it due to an excuse. If the deceased person left a will in this regard, this judgment of comparison will be stronger. If there is no will, heirs do not have to do it. If the deceased person did not leave inheritance or the property left as inheritance is not enough, they may give out of their own property as donation. The isqat which is performed in this way for fasting complies with religious rulings.

When it comes to isqat of salah, there is no evidence or a sign in the Holy Qur’an and sunnah supporting the payment of the prayer debts with fidyah . In this respect, it cannot be said that prayer debts will be cleared off with fidyah . However, it is hoped that they will conduce to forgiveness of sins and manifestation of Allah’s forgiveness as the helps given to the needy people is deemed as sadaqah given on behalf of the deceased person . Because it is stated in the Holy Qur’an, “For those things that are good remove those that are evil.” (Hud, 11/114). However, there is neither rational nor textual ground for the practice of dawr (circulate) which means giving a certain amount of money to a poor person and his donation of this money back to its giver by, so to say, acting benevolent and repeating of this act of acceptance and donation (or circulating the money between them) until the amount enough to cover the fidyah is completed .

In conclusion, giving sadaqah to the poor as much as possible, doing acts of charity, and donating to charitable organizations are the best acts that may be done by livingpeople on behalf of the deceased. But if there are poor, orphan and needy people among the heirs of a person, it is not permissible at all to behave unjustly towards them by making isqat and transfer and giving sadaqah out of the property of the deceased (other than his will) (Ibn Nujaym, al-Bahr, IV, 117; Ibn Abidin, Radd al-Muhtar, II, 532-534).

According to the prevailing opinion in Shafi’i school, it is not permissible for the relatives of a person who dies with the debt of unfulfilled prayer or votive itiqaf to perform these worships on behalf of the deceased person by giving fidyah and clearing these debts off in this way (Nawawi, al-Majmu, VI, 372).

Source: Presidency Of Religious Affairs The Turkey, High Board of Religious Affairs FATWA