The Ruling on Resorting to Customary Councils in a Country Where the Shari'ah Is Not Applied
Machine translationRead the Arabic original
Question:
He says: Honorable Shaykh, may Allah grant you success. He says: In our country, the Shari'ah is not applied, so people resort to customary sessions. An ignorant person, one who does not know the religion, sits and judges between people, and he compels those present to abide by his ruling. Whether the judge is an individual or a group, the compulsion takes the form of forcing the disputing parties to sign a blank check or a receipt of trust. What is the ruling on this action, and what is the ruling on resorting to it?
Answer:
If this is a matter of reconciliation by mutual consent, then there is no harm in it. But if it is a matter of compulsion and judgment, then it is not permissible. Yes.
He says: Honorable Shaykh, may Allah grant you success. He says: In our country, the Shari'ah is not applied, so people resort to customary sessions. An ignorant person, one who does not know the religion, sits and judges between people, and he compels those present to abide by his ruling. Whether the judge is an individual or a group, the compulsion takes the form of forcing the disputing parties to sign a blank check or a receipt of trust. What is the ruling on this action, and what is the ruling on resorting to it?
Answer:
If this is a matter of reconciliation by mutual consent, then there is no harm in it. But if it is a matter of compulsion and judgment, then it is not permissible. Yes.
Source
قناة «العلامة الدكتور صالح الفوزان»، [2539 -2802] حكم التحاكم إلى المجالس العرفية في بلد لا تطبق فيها الشريعة - الشيخ صالح الفوزان — youtube.com
The Arabic text is a machine transcription of the audio recording.