Referring to Customs and Tribal Norms
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Fatwa No. ( 16894 )
Q: We submit this petition to Your Eminence and inform you that the tribes inhabiting al-Ta'if and its surroundings, namely the tribes of Quraysh, Banu Sufyan, Tuwayriq, and al-Namur , and the tribe of Hudhayl which inhabits Wadi Nu'man , are all controlled by customary rulings and what they call the Arab school of thought, which consists of pre-Islamic laws that do not submit to the Shari'ah. Examples of this include the law of the one-third of blood money, whereby if a person is struck and his blood is valued at, say, ten thousand, the owner of that blood receives only three thousand, according to the prevailing law of the one-third of blood money among them. One-third is deducted for the *firasah* (the feast they gather for), the second third is neglected and wasted according to the law, and the remaining third is delivered to the owner of the blood. Another example is that they rule by *al-janabiyyah*, which is striking a man on the head with a sword until blood flows, and continuing to strike his head while the blood flows until his opponent says the word "white." In these days, they resort to subterfuge regarding the *janabiyyah* case and say: We rule by the price of the *janabiyyah*, and there is no need for objection. They also say that we value the *janabiyyah* at one thousand riyals, or more, or less. They also have what is called *al-asiyyah*, which is a prevailing law among them, whereby they establish rulings for every incident, such as: You, so-and-so, owe five sheep or six *janabiyyah* or their price in one of the incidents, and tomorrow you will accept from me such a ruling as mentioned. They claim that the Shari'ah does not prevent them from applying the customs of their fathers and grandfathers, which they take pride in, revere, and magnify... And if one opposes them, he may face rejection and boycott, and if they could commit the acts, they would not hesitate. We hope Your Eminence will issue a written fatwa on these matters, especially since some of the common people attribute to Your Eminence matters whose authenticity we do not know. These matters mentioned, O Shaykh, are a reality these tribes live in, and those who undertake arbitration are men who are not qualified religiously, but are from the common people. What is the ruling in Islam regarding the one-third of blood money, and *al-janabiyyah* or its price, or *al-asiyyah*, and the rest of what we mentioned? Is it permissible to attend and eat from the *firasah* feast mentioned above? They also have what is called *al-mansubah*, which is a slaughtered animal or more imposed on the wrongdoer, and it is taken to the house of the one wronged. Is it permissible to attend it and eat
Regarding the issue of the *janabi* (blood money), they say: "We rule with the price of the *janabi*, and there is no need for objection." They also say that we estimate the *janabi* at one thousand riyals, or more, or less. They also have what they call *al-Asiyyah*, which is a prevailing law among them, whereby they legislate rulings for every incident, such as: "You, so-and-so, owe five sheep, or six *janabi*, or their price, for one of the incidents." And tomorrow you will accept from me such a ruling as mentioned. They claim that the Shari'ah does not prevent them from applying the customs of their fathers and grandfathers, which they take pride in, revere, and exalt... And if one opposes them, he may face rejection and boycott, and if they were able to commit such acts, they would not hesitate. We hope that you will issue a written fatwa on these matters, especially since some of the common people attribute to you matters of which we do not know the extent of their authenticity. These matters mentioned, O Shaykh, are a reality that these tribes live with, and those who undertake arbitration are men who are not qualified by the Shari'ah, but are from the common people. What is the ruling in Islam regarding the tripling of blood money, and regarding the *janabi* or its price, or the *Asiyyah*, and the rest of what we mentioned? And is it permissible to attend and eat from the *faraash* feast mentioned above? They also have what is called *al-Mansubah*, which is a slaughtered animal or more imposed on the wrongdoer, and it is taken to the house of the one who was wronged. Is it permissible to attend it and eat
from it? What is the ruling on being content with what the judges from the known common people impose?
A: It is obligatory for Muslims to refer to the Islamic Shari'ah in compliance with the command of Allah the Glorious and Exalted in His saying:[Al-Ma'idah 5:49], and His saying: [Al-Ma'idah 5:44], and His saying: [Al-Ma'idah 5:44], and His saying: [Al-Ma'idah 5:44], and His saying: [An-Nisa 4:65]. It is forbidden for Muslims to refer to customary rulings, tribal principles, and man-made laws; because this is referring to *taghut* (tyranny/idols), to which we are forbidden to refer, and Allah has commanded us to disbelieve in it in His saying: [An-Nisa 4:60]
It is not permissible for the sheikhs of the tribes to judge between people by what the customs and tribal principles dictate. It is obligatory for them to guide those who come to them to go to the judges in the Shari'ah courts, whom the Imam of the Muslims has appointed to judge between people by the pure Shari'ah. What was mentioned of ruling by *al-janabiyyah* or its price, or the one-third of blood money, or ruling by *al-asiyyah* or *al-mansubah*, all of these are not Shari'ah rulings, but rather they are tribal rulings by which it is not permissible to judge between people. It is not permissible to eat from the food called "food of the *firasah*"; because it is given without a willing heart, and it is not permissible to attend it or be content with it. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: We submit this petition to Your Eminence and inform you that the tribes inhabiting al-Ta'if and its surroundings, namely the tribes of Quraysh, Banu Sufyan, Tuwayriq, and al-Namur , and the tribe of Hudhayl which inhabits Wadi Nu'man , are all controlled by customary rulings and what they call the Arab school of thought, which consists of pre-Islamic laws that do not submit to the Shari'ah. Examples of this include the law of the one-third of blood money, whereby if a person is struck and his blood is valued at, say, ten thousand, the owner of that blood receives only three thousand, according to the prevailing law of the one-third of blood money among them. One-third is deducted for the *firasah* (the feast they gather for), the second third is neglected and wasted according to the law, and the remaining third is delivered to the owner of the blood. Another example is that they rule by *al-janabiyyah*, which is striking a man on the head with a sword until blood flows, and continuing to strike his head while the blood flows until his opponent says the word "white." In these days, they resort to subterfuge regarding the *janabiyyah* case and say: We rule by the price of the *janabiyyah*, and there is no need for objection. They also say that we value the *janabiyyah* at one thousand riyals, or more, or less. They also have what is called *al-asiyyah*, which is a prevailing law among them, whereby they establish rulings for every incident, such as: You, so-and-so, owe five sheep or six *janabiyyah* or their price in one of the incidents, and tomorrow you will accept from me such a ruling as mentioned. They claim that the Shari'ah does not prevent them from applying the customs of their fathers and grandfathers, which they take pride in, revere, and magnify... And if one opposes them, he may face rejection and boycott, and if they could commit the acts, they would not hesitate. We hope Your Eminence will issue a written fatwa on these matters, especially since some of the common people attribute to Your Eminence matters whose authenticity we do not know. These matters mentioned, O Shaykh, are a reality these tribes live in, and those who undertake arbitration are men who are not qualified religiously, but are from the common people. What is the ruling in Islam regarding the one-third of blood money, and *al-janabiyyah* or its price, or *al-asiyyah*, and the rest of what we mentioned? Is it permissible to attend and eat from the *firasah* feast mentioned above? They also have what is called *al-mansubah*, which is a slaughtered animal or more imposed on the wrongdoer, and it is taken to the house of the one wronged. Is it permissible to attend it and eat
Regarding the issue of the *janabi* (blood money), they say: "We rule with the price of the *janabi*, and there is no need for objection." They also say that we estimate the *janabi* at one thousand riyals, or more, or less. They also have what they call *al-Asiyyah*, which is a prevailing law among them, whereby they legislate rulings for every incident, such as: "You, so-and-so, owe five sheep, or six *janabi*, or their price, for one of the incidents." And tomorrow you will accept from me such a ruling as mentioned. They claim that the Shari'ah does not prevent them from applying the customs of their fathers and grandfathers, which they take pride in, revere, and exalt... And if one opposes them, he may face rejection and boycott, and if they were able to commit such acts, they would not hesitate. We hope that you will issue a written fatwa on these matters, especially since some of the common people attribute to you matters of which we do not know the extent of their authenticity. These matters mentioned, O Shaykh, are a reality that these tribes live with, and those who undertake arbitration are men who are not qualified by the Shari'ah, but are from the common people. What is the ruling in Islam regarding the tripling of blood money, and regarding the *janabi* or its price, or the *Asiyyah*, and the rest of what we mentioned? And is it permissible to attend and eat from the *faraash* feast mentioned above? They also have what is called *al-Mansubah*, which is a slaughtered animal or more imposed on the wrongdoer, and it is taken to the house of the one who was wronged. Is it permissible to attend it and eat
from it? What is the ruling on being content with what the judges from the known common people impose?
A: It is obligatory for Muslims to refer to the Islamic Shari'ah in compliance with the command of Allah the Glorious and Exalted in His saying:
And judge, [O Muhammad], between them by what Allah has revealed and do not follow their inclinations
وَأَنِ احْكُمْ بَيْنَهُمْ بِمَا أَنْـزَلَ اللَّهُ وَلاَ تَتَّبِعْ أَهْوَاءَهُمْAnd whoever does not judge by what Allah has revealed - then it is those who are the disbelievers.
وَمَنْ لَمْ يَحْكُمْ بِمَا أَنْـزَلَ اللَّهُ فَأُولَئِكَ هُمُ الْكَافِرُونَAnd whoever does not judge by what Allah has revealed - then it is those who are the disbelievers.
وَمَنْ لَمْ يَحْكُمْ بِمَا أَنْـزَلَ اللَّهُ فَأُولَئِكَ هُمُ الظَّالِمُونَAnd whoever does not judge by what Allah has revealed - then it is those who are the disbelievers.
وَمَنْ لَمْ يَحْكُمْ بِمَا أَنْـزَلَ اللَّهُ فَأُولَئِكَ هُمُ الْفَاسِقُونَBut no, by your Lord, they will not [truly] believe until they make you, [O Muhammad], judge concerning that over which they dispute among themselves and then find within themselves no discomfort from what you have judged and submit in [full, willing] submission.
فَلا وَرَبِّكَ لاَ يُؤْمِنُونَ حَتَّى يُحَكِّمُوكَ فِيمَا شَجَرَ بَيْنَهُمْ ثُمَّ لاَ يَجِدُوا فِي أَنْفُسِهِمْ حَرَجًا مِمَّا قَضَيْتَ وَيُسَلِّمُوا تَسْلِيمًاHave you not seen those who claim to have believed in what was revealed to you, [O Muhammad], and what was revealed before you? They wish to refer legislation to Taghut, while they were commanded to reject it; and Satan wishes to lead them far astray.
أَلَمْ تَرَ إِلَى الَّذِينَ يَزْعُمُونَ أَنَّهُمْ آمَنُوا بِمَا أُنْـزِلَ إِلَيْكَ وَمَا أُنْـزِلَ مِنْ قَبْلِكَ يُرِيدُونَ أَنْ يَتَحَاكَمُوا إِلَى الطَّاغُوتِ وَقَدْ أُمِرُوا أَنْ يَكْفُرُوا بِهِ وَيُرِيدُ الشَّيْطَانُ أَنْ يُضِلَّهُمْ ضَلالا بَعِيدًاIt is not permissible for the sheikhs of the tribes to judge between people by what the customs and tribal principles dictate. It is obligatory for them to guide those who come to them to go to the judges in the Shari'ah courts, whom the Imam of the Muslims has appointed to judge between people by the pure Shari'ah. What was mentioned of ruling by *al-janabiyyah* or its price, or the one-third of blood money, or ruling by *al-asiyyah* or *al-mansubah*, all of these are not Shari'ah rulings, but rather they are tribal rulings by which it is not permissible to judge between people. It is not permissible to eat from the food called "food of the *firasah*"; because it is given without a willing heart, and it is not permissible to attend it or be content with it. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.