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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Among some tribes, there is a person called a reference for rights to whom they turn when murder or transgression occurs among them to judge between them

Machine translationRead the Arabic original
Question:
May Allah reward you. Honorable Shaykh, these are many questions; I am presenting to your eminence whatever of them is feasible. This questioner says: Honorable Shaykh, among us, in some tribes, there is a person called a reference for rights. When murder or transgression against honor occurs among them, they turn to him, and he judges between them according to what he sees, such as fining the aggressor with money or cars to be paid to the victim. What is the ruling on that? And is it judging by the taghut?

Answer:
Yes, this is judging by the taghut. If they have a Shari'ah court, they must turn to the court and not judge by anyone other than the judge. It is not permissible to judge by anyone other than the judge. This is the judgment of the taghut; they turn away from the ruling of the Shari'ah to the ruling of the taghut. However, if they do not have a court and they have a scholar among the scholars, they turn to the scholar, even if he is not a judge; they turn to the scholar. And if they do not have a scholar, there is no harm in one person reconciling between them. This is reconciliation in the sense of making peace, not in the sense of judgment and compulsion. It is only in the sense of reconciliation. If they are pleased, fine; otherwise, they are not compelled to make peace. There is no compulsion in it. So these matters must be considered. Yes.
Source قناة «العلامة الدكتور صالح الفوزان»، [745 -954] عند بعض القبائل يوجد شخص يسمى مرجع حق إذا حصل بينهم قتل أو تعدي يرجعون إليه ليحكم بينهم.. — youtube.com

The Arabic text is a machine transcription of the audio recording.

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