What is known as the oaths of al-Wasiyyah
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Fatwa number ( 18545 )
Q: In our southern region, there is something called: (the oaths of al-Wasiyyah). These oaths resolve and settle many problems and disputes between individuals and tribes. For example, when a dispute arises over lands, or injuries and wounds, or a man encroaching on another person's tree, or his son being injured in a fight or the like, or his sheep falling into a person's farm and eating from it, the aggressor or his guardian swears that if he were in the position of the victim, or the one whose property was encroached upon, he would not claim anything. He says: "By the Great Allah, if this mistake had happened to you, O owner of the tree, or O owner of the sheep, or O owner of the son, I would forgive you and not claim anything from you." This is the nature of the oaths of al-Wasiyyah. And there is, O honorable judge, another matter, which is the discretionary punishment of one who commits an error that does not carry a fixed hadd from the aforementioned errors, by slaughtering one sheep, two sheep, or more for the tribe or the group in the same village. This also resolves many difficulties through the satisfaction of the parties in the dispute. What is the ruling on these two matters?
A: First: What is called the oaths of al-Wasiyyah, and its form is: if a person encroaches upon another in his person or his wealth, the aggressor or his guardian swears that if he were in the position of the victim or the one whose property was encroached upon, he would not claim anything from him. This is a reprehensible act, and it compels people to a ruling that Allah has not made obligatory
nor has His Messenger (peace and blessings be upon him). Therefore, it is obligatory for those afflicted with these oaths to abandon them, boycott them, and replace them with what is prescribed, namely reconciliation between the disputing parties with their mutual consent, or resorting to the judges in the Shari'ah courts. Second: The discretionary punishment of the aggressor or the one who erred, according to the extent of the aggression or error he committed, as a discipline for him and to appease the feelings of those encroached upon, by slaughtering one sheep or two sheep for the tribe. This is discipline by one who has no authority to do so in the Shari'ah. Furthermore, it is an amount exceeding the discretionary punishments, which are referred to the judiciary, not to tribal customs. Therefore, it is not permissible to do this. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: In our southern region, there is something called: (the oaths of al-Wasiyyah). These oaths resolve and settle many problems and disputes between individuals and tribes. For example, when a dispute arises over lands, or injuries and wounds, or a man encroaching on another person's tree, or his son being injured in a fight or the like, or his sheep falling into a person's farm and eating from it, the aggressor or his guardian swears that if he were in the position of the victim, or the one whose property was encroached upon, he would not claim anything. He says: "By the Great Allah, if this mistake had happened to you, O owner of the tree, or O owner of the sheep, or O owner of the son, I would forgive you and not claim anything from you." This is the nature of the oaths of al-Wasiyyah. And there is, O honorable judge, another matter, which is the discretionary punishment of one who commits an error that does not carry a fixed hadd from the aforementioned errors, by slaughtering one sheep, two sheep, or more for the tribe or the group in the same village. This also resolves many difficulties through the satisfaction of the parties in the dispute. What is the ruling on these two matters?
A: First: What is called the oaths of al-Wasiyyah, and its form is: if a person encroaches upon another in his person or his wealth, the aggressor or his guardian swears that if he were in the position of the victim or the one whose property was encroached upon, he would not claim anything from him. This is a reprehensible act, and it compels people to a ruling that Allah has not made obligatory
nor has His Messenger (peace and blessings be upon him). Therefore, it is obligatory for those afflicted with these oaths to abandon them, boycott them, and replace them with what is prescribed, namely reconciliation between the disputing parties with their mutual consent, or resorting to the judges in the Shari'ah courts. Second: The discretionary punishment of the aggressor or the one who erred, according to the extent of the aggression or error he committed, as a discipline for him and to appease the feelings of those encroached upon, by slaughtering one sheep or two sheep for the tribe. This is discipline by one who has no authority to do so in the Shari'ah. Furthermore, it is an amount exceeding the discretionary punishments, which are referred to the judiciary, not to tribal customs. Therefore, it is not permissible to do this. 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.