The Ruling on Resorting to Tribal Customs for Judgment
Machine translationRead the Arabic original
Question:
The questioner says: We have tribal customs, and the tribal shaykh settles disputes between the parties based on tribal custom without citing any scriptural evidence. Sometimes he rules with a sum of money in addition to assigning a number of sacrificial animals, and this is called a settlement. However, the shaykh does not pay anything from his own money. If the one against whom the ruling is issued refuses, the tribal shaykh abandons him. This is widespread. Please give us a ruling on this practice, and do we have the right to file a complaint against him?
Answer:
If this is in the Kingdom, then yes, it is not permissible, because the courts, praise be to Allah, are spread throughout the land, spread throughout the land. One should return to the Shari'ah courts, and it is not permissible to resort to tribal customs for judgment. This is from the judgment of the pre-Islamic age of ignorance (jahiliyyah)[Al-Ma'idah 5:50]. This is not a matter of settlement; a settlement does not involve compulsion. There is no compulsion in a settlement. This is compulsion, so it is a ruling, and it is a ruling by other than what Allah has revealed. You have the right to advise him to leave this practice. If he does not leave it, then report the matter to the authorities.
The presenter:
May Allah reward you.
The questioner says: We have tribal customs, and the tribal shaykh settles disputes between the parties based on tribal custom without citing any scriptural evidence. Sometimes he rules with a sum of money in addition to assigning a number of sacrificial animals, and this is called a settlement. However, the shaykh does not pay anything from his own money. If the one against whom the ruling is issued refuses, the tribal shaykh abandons him. This is widespread. Please give us a ruling on this practice, and do we have the right to file a complaint against him?
Answer:
If this is in the Kingdom, then yes, it is not permissible, because the courts, praise be to Allah, are spread throughout the land, spread throughout the land. One should return to the Shari'ah courts, and it is not permissible to resort to tribal customs for judgment. This is from the judgment of the pre-Islamic age of ignorance (jahiliyyah)
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 لِّقَوْمٍ يُوقِنُونَThe presenter:
May Allah reward you.
Source
بلوغ المرام [57] — alfawzan.live (58:52)
The Arabic text is a machine transcription of the audio recording.