Resorting to Customs and Tribal Arbitration
Machine translationRead the Arabic original
Question:
The questioner says: If someone were to say, "I have ruled against so-and-so with a sum of money and five sheep, as happens among some tribes," what is your guidance? May Allah preserve you for the meeting.
Answer:
The son of al-'Uwan. The ruling belongs to the Shari'ah. One returns to the Shari'ah. The government, may Allah guide it, has established a court in every province and every new town. Even in the villages and hamlets, they have established a court. So one does not refer to customs, nor does one refer to the codes of the Bedouins. The ruling of the Shari'ah is what is obligatory, and it is what exists in this land, praise be to Allah. Yes.
The questioner says: If someone were to say, "I have ruled against so-and-so with a sum of money and five sheep, as happens among some tribes," what is your guidance? May Allah preserve you for the meeting.
Answer:
The son of al-'Uwan. The ruling belongs to the Shari'ah. One returns to the Shari'ah. The government, may Allah guide it, has established a court in every province and every new town. Even in the villages and hamlets, they have established a court. So one does not refer to customs, nor does one refer to the codes of the Bedouins. The ruling of the Shari'ah is what is obligatory, and it is what exists in this land, praise be to Allah. Yes.
Source
شرح كتاب التوحيد 18-07-1435هـ — af.org.sa (56:50)
The Arabic text is a machine transcription of the audio recording.