From the customs of some tribes: taking one-third of the blood money
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Fatwa number ( 15745 )
Q: We have a custom in our tribe, which is: that whenever an accident happens to someone and his family receives the blood money or the condolence gift, the tribe demands that the deceased's family pay one-third of the amount to the tribe . Their justification is that it is a custom they took from their ancestors. We have advised them, so some have complied, but some are still insisting on this custom. What is its ruling in the sight of the Shari'ah?
A: The blood money is a right belonging to the heirs of the murdered person, and no one other than them shares in it. Allah the Exalted said:[An-Nisa 4:92] ,
and what some of your tribes have become accustomed to, of taking one-third of the blood money on the pretext that this is their custom and the custom of those before them, is a false custom. What they take is not lawful for them, because it is consuming wealth by falsehood. When customs contradict the Shari'ah, it is obligatory to abandon them and return to the ruling of the Shari'ah. Allah the Exalted said:[An-Nisa 4:59] . And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: We have a custom in our tribe, which is: that whenever an accident happens to someone and his family receives the blood money or the condolence gift, the tribe demands that the deceased's family pay one-third of the amount to the tribe . Their justification is that it is a custom they took from their ancestors. We have advised them, so some have complied, but some are still insisting on this custom. What is its ruling in the sight of the Shari'ah?
A: The blood money is a right belonging to the heirs of the murdered person, and no one other than them shares in it. Allah the Exalted said:
And whoever kills a believer by mistake - then the freeing of a believing slave and a compensation payment presented to the deceased's family [is required] unless they give [up their right as] charity
وَمَنْ قَتَلَ مُؤْمِنًا خَطَأً فَتَحْرِيرُ رَقَبَةٍ مُؤْمِنَةٍ وَدِيَةٌ مُسَلَّمَةٌ إِلَى أَهْلِهِ إِلا أَنْ يَصَّدَّقُواand what some of your tribes have become accustomed to, of taking one-third of the blood money on the pretext that this is their custom and the custom of those before them, is a false custom. What they take is not lawful for them, because it is consuming wealth by falsehood. When customs contradict the Shari'ah, it is obligatory to abandon them and return to the ruling of the Shari'ah. Allah the Exalted said:
O you who have believed, obey Allah and obey the Messenger and those in authority among you. 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.
يَا أَيُّهَا الَّذِينَ آمَنُوا أَطِيعُوا اللَّهَ وَأَطِيعُوا الرَّسُولَ وَأُولِي الأَمْرِ مِنْكُمْ فَإِنْ تَنَازَعْتُمْ فِي شَيْءٍ فَرُدُّوهُ إِلَى اللَّهِ وَالرَّسُولِ إِنْ كُنْتُمْ تُؤْمِنُونَ بِاللَّهِ وَالْيَوْمِ الآخِرِ ذَلِكَ خَيْرٌ وَأَحْسَنُ تَأْوِيلا
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.