Agreement of the members of a tribe to cooperate in bearing the cost of blood money
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Fatwa No. ( 18982 )
Q: Attached to this letter is a copy of the agreement of the tribe's members to cooperate in bearing the cost of blood money , which is known as cooperative insurance. It contains (15) clauses. I ask Your Eminence to review them and clarify which are permissible and which are not, and whether this practice is generally acceptable?
A: Upon reviewing the aforementioned agreement, it was found to include financial obligations for each individual that must be fulfilled, and non-Shari'ah penalties to which one must submit. Since these obligations are not in accordance with the Shari'ah and they give rise to
hatred, enmity, grudges, and division among the members of the same tribe, it is obligatory to avoid these binding agreements that contain what has been mentioned. This is because one of the objectives of the pure Shari'ah is blocking the means that lead to stirring up enmity, hatred, and division among Muslims. Furthermore, it is established in the Shari'ah that it is not permissible to take the wealth of a Muslim except with his willing consent, and coercion in this matter contradicts this principle. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: Attached to this letter is a copy of the agreement of the tribe's members to cooperate in bearing the cost of blood money , which is known as cooperative insurance. It contains (15) clauses. I ask Your Eminence to review them and clarify which are permissible and which are not, and whether this practice is generally acceptable?
A: Upon reviewing the aforementioned agreement, it was found to include financial obligations for each individual that must be fulfilled, and non-Shari'ah penalties to which one must submit. Since these obligations are not in accordance with the Shari'ah and they give rise to
hatred, enmity, grudges, and division among the members of the same tribe, it is obligatory to avoid these binding agreements that contain what has been mentioned. This is because one of the objectives of the pure Shari'ah is blocking the means that lead to stirring up enmity, hatred, and division among Muslims. Furthermore, it is established in the Shari'ah that it is not permissible to take the wealth of a Muslim except with his willing consent, and coercion in this matter contradicts this principle. 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.