Is it permissible to resort to customary councils?
Machine translationRead the Arabic original
Question:
Honorable Shaykh, may Allah grant you success. The questioner says: In our country, when a person aggresses against another or a problem occurs, the notables of the town gather and rule that the aggressor must pay money, and it is called a customary session. Arab. Arab, say: Does this fall under customary councils, and what is its ruling in the Shari'ah?
Answer:
This is not permissible if, praise be to Allah, there are courts in these lands. In every town there is a Shari'ah court. They go to the court. It is not permissible to rule by custom or by tribal customs. This is ruling by taghut, and it is not permissible. Yes.
Honorable Shaykh, may Allah grant you success. The questioner says: In our country, when a person aggresses against another or a problem occurs, the notables of the town gather and rule that the aggressor must pay money, and it is called a customary session. Arab. Arab, say: Does this fall under customary councils, and what is its ruling in the Shari'ah?
Answer:
This is not permissible if, praise be to Allah, there are courts in these lands. In every town there is a Shari'ah court. They go to the court. It is not permissible to rule by custom or by tribal customs. This is ruling by taghut, and it is not permissible. Yes.
Source
قناة «العلامة الدكتور صالح الفوزان»، هل يجوز التحاكم إلى المجالس العرفية؟ للشيخ الفوزان — youtube.com
The Arabic text is a machine transcription of the audio recording.