What is the ruling on overturning the judgments of the Shari'ah court in order to complete a customary reconciliation between the two parties?
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Question:
May Allah reward you, Honorable Shaykh. This questioner says: A dispute arose among some people, and the matter was then referred to the judge, who ruled that the aggressors be imprisoned and flogged. However, some members of the tribe said that a reconciliation council must be held between the two sides, which would not be without paying a large sum of money to the person who was beaten. The question is: What do you say to those who are not satisfied with the judge's ruling? And is it permissible to help the aggressors by contributing to the payment of this money with them?
Answer:
Since they have gone to the court and it has issued a ruling, the judge's decision must be carried out, and it is not permissible to change it or object to it. This is not permissible. It is not permissible for these people to interfere with the judges' rulings and overturn them. If they had been sincere and willing to reconcile before going to the court, that would have been different. Reconciliation must be based on the mutual consent of both parties and not on coercion. As for these people, they are forcing and compelling [the parties] to pay fines. This is the ruling of the law and the ruling of the taghut, which is not permissible. First, if they had reconciled between them before going [to court], [it would have been fine]. Second, the reconciliation must be by mutual consent, not by coercion or by virtue of tribal regulations, but rather in accordance with the Shari'ah, as the Messenger of Allah (peace and blessings be upon him) said:Sunan al-Bayhaqi 6:54 Forcing reconciliation makes the haram halal and the halal haram, so it is not permissible.
Third, since the matter has ended up in the court and a ruling has been issued, no one has the right to object to it, except if the owner of the right waives it. If the owner of the right waives it of his own free will, there is no harm. But if he does not waive it, the Shari'ah ruling must be carried out. Yes. Ah.
May Allah reward you, Honorable Shaykh. This questioner says: A dispute arose among some people, and the matter was then referred to the judge, who ruled that the aggressors be imprisoned and flogged. However, some members of the tribe said that a reconciliation council must be held between the two sides, which would not be without paying a large sum of money to the person who was beaten. The question is: What do you say to those who are not satisfied with the judge's ruling? And is it permissible to help the aggressors by contributing to the payment of this money with them?
Answer:
Since they have gone to the court and it has issued a ruling, the judge's decision must be carried out, and it is not permissible to change it or object to it. This is not permissible. It is not permissible for these people to interfere with the judges' rulings and overturn them. If they had been sincere and willing to reconcile before going to the court, that would have been different. Reconciliation must be based on the mutual consent of both parties and not on coercion. As for these people, they are forcing and compelling [the parties] to pay fines. This is the ruling of the law and the ruling of the taghut, which is not permissible. First, if they had reconciled between them before going [to court], [it would have been fine]. Second, the reconciliation must be by mutual consent, not by coercion or by virtue of tribal regulations, but rather in accordance with the Shari'ah, as the Messenger of Allah (peace and blessings be upon him) said:
Reconciliation is permissible among Muslims, except for a reconciliation that makes the forbidden lawful or makes the lawful forbidden.
الصلح جائز بين المسلمين إلا صلحا أحل حراما أو حرم حلالاThird, since the matter has ended up in the court and a ruling has been issued, no one has the right to object to it, except if the owner of the right waives it. If the owner of the right waives it of his own free will, there is no harm. But if he does not waive it, the Shari'ah ruling must be carried out. Yes. Ah.
Source
قناة «العلامة الدكتور صالح الفوزان»، ما حكم نقض أحكام القضاء الشرعي من أجل إتمام الصلح العرفي بين الخصمين؟ لمعالي الشيخ صالح الفوزان — youtube.com
The Arabic text is a machine transcription of the audio recording.