The tribe taking a portion of what is paid to the victim as blood money for the crime
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Q: We are a tribe in the outskirts ofTaifWe have what is called: (al-Muthallath), which we have inherited from the era of our fathers and grandfathers; and it is that if any individual from the tribe is attacked by an individual or individuals from another tribe, the mediators settle the matter by giving the person who was attacked a sum of money, and then the members of the tribe summon the person who was attacked and compel him to pay one-third of the amount to the tribe, which is kept with the Shaykh of the tribe for any emergency that befalls the tribe. There has been much debate among the tribe regarding its permissibility or prohibition. We ask your Eminence to inform us: is it permissible to pay the one-third amount to the tribe, or is it not permissible according to the Shari'ah?
A: It is not permissible for the tribe to take anything from what is paid to the victim or his family as blood money for the crime; because it is taking without right, and Allah the Exalted says:[An-Nisa 4:29] ,
And the Prophet (peace and blessings be upon him) said:Sunan ad-Daraqutni 13:78 And there is no difference between blood money and compensation for injury.
A: It is not permissible for the tribe to take anything from what is paid to the victim or his family as blood money for the crime; because it is taking without right, and Allah the Exalted says:
do not consume one another's wealth unjustly but only [in lawful] business by mutual consent
لا تَأْكُلُوا أَمْوَالَكُمْ بَيْنَكُمْ بِالْبَاطِلِ إِلا أَنْ تَكُونَ تِجَارَةً عَنْ تَرَاضٍ مِنْكُمْAnd the Prophet (peace and blessings be upon him) 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 نفسه
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.