Among the customs of the pre-Islamic age of ignorance is that when a person commits an act of aggression against another, the awliya (close friends of Allah) of the victim take revenge from one of the members of the aggressor's tribe.
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Q: O Shaykh, we are from tribes where, if incidents of fighting or intentional aggression occur resulting in the shedding of blood (short of killing), a custom arises among us: when the perpetrator commits aggression against the victim and sheds his blood, the people of the victim take revenge from one of the innocent members of the perpetrator's family, even if that innocent person has no connection to the incident. The security authorities of the emirate and the police have also fulfilled their role in these incidents. What is the ruling on this custom prevalent among the people here, and what is your guidance regarding it? O Mufti, we students of knowledge in our tribes see these matters prevalent among the people here, and we wish to know the Islamic legal rulings in these issues to educate the people about their religion and spread these rulings among them, seeking reward and recompense. May Allah preserve you and care for you.
A: The custom in question is a forbidden custom that must be fought and opposed, and those who act according to it must be rebuked; because killing someone other than the killer, or committing aggression against him in matters less than the soul, even if he is among the closest of relatives, is a custom of the pre-Islamic age of ignorance, and it is one of the most severe types of aggression. And because this relative did not commit anything that would make his blood or aggression against him in matters less than the soul permissible, the crime of his relative is limited to him and does not extend to
others. Allah the Exalted says:[Al-An'am 6:164], and this verse is general, and the issue in question falls under its generality. And he (peace and blessings be upon him) said regarding the killing of someone other than the killer by the awliya (close friends of Allah) of the murdered person: Bulugh al-Maram 9:23 It was narrated by the Imam Ahmad in his (Musnad) and by Ibn Hibban in his (Sahih). Retaliation (qisas) is obligatory upon the one who kills someone other than the killer, provided its conditions are met, and the authority to enable the execution of retaliation lies with the one in authority; because executing retaliation without him is an encroachment upon his authority.
A: The custom in question is a forbidden custom that must be fought and opposed, and those who act according to it must be rebuked; because killing someone other than the killer, or committing aggression against him in matters less than the soul, even if he is among the closest of relatives, is a custom of the pre-Islamic age of ignorance, and it is one of the most severe types of aggression. And because this relative did not commit anything that would make his blood or aggression against him in matters less than the soul permissible, the crime of his relative is limited to him and does not extend to
others. Allah the Exalted says:
and no bearer of burdens will bear the burden of another
وَلا تَزِرُ وَازِرَةٌ وِزْرَ أُخْرَىThree types of people are most hated by Allah, the Almighty: whoever kills another in the Sacred area of Haram (Sanctuary), whoever kills anyone other than the one who killed him or whoever kills anyone in revenge as in times of Jahiliyah (pre-Islamic times).
إن أعتى الناس على الله ثلاثة: من قتل في حرم الله، أو قتل غير قاتله، أو قتل لذحل الجاهلية
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.