If the judge rules and the victim accepts, he is not permitted to retract
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Fatwa number ( 21338 )
Q: In the southern region, some tribes experience certain problems involving assault with weapons. They then go to the judge, and the Shaykh rules between them according to what Allah has revealed in His Book. Sometimes the person who was injured, whose intention is to attack his opponent afterwards, does so because they are not convinced by the ruling of the Shari'ah. Some tribes accept this from others after the judge's ruling, so that the injured person may take revenge for his blood. Is this permissible after the judge's ruling? Please inform us clearly, may Allah guide you, and may your efforts be among your good deeds on the Day when neither wealth nor children will benefit, except one who comes to Allah with a sound heart.
Your good deeds on the Day when wealth and children will not benefit, except for one who comes to Allah with a sound heart.
A: If the judge rules with the ruling of the pure Shari'ah, it is obligatory to abide by it. If the owner of the right relinquishes his right, it is not permissible for him to claim it afterwards. Whoever relinquishes his right and then harbors the intention to attack his opponent is sinful, has committed a great crime, and deserves punishment. Allah the Exalted said:[Al-Baqarah 2:178] And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: In the southern region, some tribes experience certain problems involving assault with weapons. They then go to the judge, and the Shaykh rules between them according to what Allah has revealed in His Book. Sometimes the person who was injured, whose intention is to attack his opponent afterwards, does so because they are not convinced by the ruling of the Shari'ah. Some tribes accept this from others after the judge's ruling, so that the injured person may take revenge for his blood. Is this permissible after the judge's ruling? Please inform us clearly, may Allah guide you, and may your efforts be among your good deeds on the Day when neither wealth nor children will benefit, except one who comes to Allah with a sound heart.
Your good deeds on the Day when wealth and children will not benefit, except for one who comes to Allah with a sound heart.
A: If the judge rules with the ruling of the pure Shari'ah, it is obligatory to abide by it. If the owner of the right relinquishes his right, it is not permissible for him to claim it afterwards. Whoever relinquishes his right and then harbors the intention to attack his opponent is sinful, has committed a great crime, and deserves punishment. Allah the Exalted said:
But whoever overlooks from his brother anything, then there should be a suitable follow-up and payment to him with good conduct. This is an alleviation from your Lord and a mercy. But whoever transgresses after that will have a painful punishment.
فَمَنْ عُفِيَ لَهُ مِنْ أَخِيهِ شَيْءٌ فَاتِّبَاعٌ بِالْمَعْرُوفِ وَأَدَاءٌ إِلَيْهِ بِإِحْسَانٍ ذَلِكَ تَخْفِيفٌ مِنْ رَبِّكُمْ وَرَحْمَةٌ فَمَنِ اعْتَدَى بَعْدَ ذَلِكَ فَلَهُ عَذَابٌ أَلِيمٌ
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.