What is known as al-Malfi among some tribes for resolving issues of aggression that result in bloodshed
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Fatwa number ( 18543 )
Q: Misunderstandings occur among members of tribes, where some individuals from the tribe, in a state of anger, engage in fighting among themselves, resulting in bloodshed. During the case, the shaykh and the notables of the tribe do what is called: (al-Malfi) on the aggressor regarding the one who was attacked, and reconciliation between them , and taking one or two sacrificial animals to present to the injured party and his group, along with some money. Is this, i.e., what is called al-Malfi, permissible for the tribe to pay equally, or is it upon the person who engaged in the fighting?
A: This practice, if it is in the nature of reconciliation between the disputing parties and with the consent and choice of the one who was attacked, there is no harm in it, and the one who does it and the one who works for it will be rewarded for it, if Allah wills. However, if this practice is in the nature of imposing and compelling the aggressor, and even if he does not consent, it is considered a violation of the tribe's customs, then this is a reprehensible matter, and an imposition of something that Allah has not imposed upon His servants, so it is not permissible to act upon it. Rather, it is obligatory to return to the Shari'ah courts in all disputes and lawsuits; for the saying of Allah the Exalted:[An-Nisa 4:59] ,
and His saying, Glorious is His status:[Al-Ma'idah 5:50] . And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: Misunderstandings occur among members of tribes, where some individuals from the tribe, in a state of anger, engage in fighting among themselves, resulting in bloodshed. During the case, the shaykh and the notables of the tribe do what is called: (al-Malfi) on the aggressor regarding the one who was attacked, and reconciliation between them , and taking one or two sacrificial animals to present to the injured party and his group, along with some money. Is this, i.e., what is called al-Malfi, permissible for the tribe to pay equally, or is it upon the person who engaged in the fighting?
A: This practice, if it is in the nature of reconciliation between the disputing parties and with the consent and choice of the one who was attacked, there is no harm in it, and the one who does it and the one who works for it will be rewarded for it, if Allah wills. However, if this practice is in the nature of imposing and compelling the aggressor, and even if he does not consent, it is considered a violation of the tribe's customs, then this is a reprehensible matter, and an imposition of something that Allah has not imposed upon His servants, so it is not permissible to act upon it. Rather, it is obligatory to return to the Shari'ah courts in all disputes and lawsuits; for the saying of Allah the Exalted:
And if you disagree over anything, refer it to Allah and the Messenger, if you should believe in Allah and the Last Day. That is the best [way] and best in result.
فَإِنْ تَنَازَعْتُمْ فِي شَيْءٍ فَرُدُّوهُ إِلَى اللَّهِ وَالرَّسُولِ إِنْ كُنْتُمْ تُؤْمِنُونَ بِاللَّهِ وَالْيَوْمِ الآخِرِ ذَلِكَ خَيْرٌ وَأَحْسَنُ تَأْوِيلاand His saying, Glorious is His status:
Then is it the judgement of [the time of] ignorance they desire? But who is better than Allah in judgement for a people who are certain [in faith].
أَفَحُكْمَ الْجَاهِلِيَّةِ يَبْغُونَ وَمَنْ أَحْسَنُ مِنَ اللَّهِ حُكْمًا لِقَوْمٍ يُوقِنُونَ
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.