The tribe takes more than is given to the victim from the tribe's fund
Machine translationRead the Arabic original
Q: A tribe from the tribes of Qahtan ( Al-Kanad ), and I am one of them, where each individual pays one hundred riyals annually, or more or less. This amount is designated to pay the blood money for killing and assault, whether that be intentional, accidental, or quasi-intentional. And whoever does not pay from among the tribe's individuals is subjected to a torrent of cursing, public shaming, and accusations of stinginess, so some of the brothers are compelled to pay this amount out of fear of blame and public shaming. Is it permissible to pay this money or not?
A:
The principle in such cooperation among the tribe's individuals is that it should be based on choice, not compulsion, and the participants should seek reward from Allah the Exalted,
because it involves assisting the needy and consoling the afflicted. And if one refuses to participate in it, it is not permissible to compel him to do so, nor to boycott him, nor to curse him, nor to insult him; because this act is among voluntary matters and donations, not among matters that are obligatory by the Shari'ah. It is established from the Prophet (peace and blessings be upon him) that he said:Sunan ad-Daraqutni 13:78 , and he also said (peace and blessings be upon him): Sahih Muslim 1679b . The ruling on participating in this fund is not like the ruling on what the 'Aqilah pays; because participating in the fund is a voluntary matter, whereas the obligation of blood money on the 'Aqilah is a matter in which there is no choice. The 'Aqilah does not bear for the killer except what was accidental or quasi-intentional, and as for other crimes, the 'Aqilah is not obligated to pay anything for them. Thus, the 'Aqilah does not bear the value of the enslaved person who was harmed, but that is upon the killer; nor the crime of intentional killing of a free person; nor a settlement for money; nor an admission of accidental or quasi-intentional killing, and the 'Aqilah did not approve of this admission; nor any crimes less than one-third of the blood money.
A:
The principle in such cooperation among the tribe's individuals is that it should be based on choice, not compulsion, and the participants should seek reward from Allah the Exalted,
because it involves assisting the needy and consoling the afflicted. And if one refuses to participate in it, it is not permissible to compel him to do so, nor to boycott him, nor to curse him, nor to insult him; because this act is among voluntary matters and donations, not among matters that are obligatory by the Shari'ah. It is established from the Prophet (peace and blessings be upon him) that he said:
The wealth of a Muslim man is not lawful except by the willing consent of his soul
لا يحل مال امرئ مسلم إلا بطيبة من نفسهVerily your blood (lives) and your property and your honour are as sacred unto you as sacred is this day of yours, in this month of yours, in this city of yours.
ألا إن دماءكم وأموالكم وأعراضكم عليكم حرام كحرمة يومكم هذا في شهركم هذا في بلدكم هذا
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.