An Agreement Among the Al-'Ammarah Tribe Regarding Blood Money
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Fatwa No. ( 20415 )
Q: An agreement was reached by mutual consent and the free will of all members
The tribe of al-'Ammarah from al-Qathmah and al-Mumathil in: 1 - Dhawi Rajih : among them is 'Awad ibn Mada'ur. 2 - Dhawi Malfi : among them are Hamud ibn Ma'la, Muqtalib ibn Saleh, Khalaf Ghabish, Salem Shabab, Muhsin Ma'ifan, Samih Hadyan, Sa'ud ibn Muhammad, Sa'd ibn Muhammad. 3 - Dhawi Nasser : among them are Safar ibn Matir, 'Iyad ibn Barik. 4 - Dhawi Rajah : among them are Ali ibn Shanir, Qablan ibn Duwarij, Khalaf 'Ammar. 5 - Dhawi 'Ammar : among them are Ibrahim ibn Fulhan, 'Ati Faliha. 6 - al-'Arud : among them are Abdullah Munir, Nuwar ibn 'A'id, Masfir ibn Khalaf. 7 - Dhawi Khunayfis : among them is Dismān ibn Shaddad. 8 - Dhawi 'Ubayyan : among them is 'Ubaid ibn Sulayman. 9 - Dhawi Fayd : among them is Abdullah ibn Muslim. 15 - Dhawi Ma'in : among them is Mahil Bat'. Regarding the following: First: The customary fine is: (the flowing blood) excluding the damages that occur to cars or others. Second: The fine is obligatory upon any individual of the tribe who has reached the age of fourteen, or upon whom his hand is attached, except for accidents
involving cars, in which case it is only at the age of fourteen. Third: The person from whom the problem arises must not be in a state of intoxication or using narcotics of any kind during the occurrence of the accident or problem. Fourth: The head of the tribe must be informed of the occurrence of the accident or problem directly by the parties involved, so that action can be taken, the tribe informed, and the situation presented to them, and this must be done within a period not exceeding seven days. Fifth: The tribe is obligated to pay the blood money resulting from accidents within the agreement, whether it is small or large. Sixth: For an accident that occurs within the area of one thousand kilometers, the head of the tribe or his delegate and those he chooses must go to the area where the accident occurred and settle the matter. Seventh: For an accident that occurs outside the area of one thousand kilometers, the person involved in the accident must first inform the head of the tribe, then settle his situation if he is able, and present official documents or a legal deed proving his right. If he is unable, he requests the head of the tribe to attend or send someone to settle the matter and resolve the problem.
Eighth: No individual, regardless of his circumstances, has the right to act without the opinion of the head of the tribe, who acts independently with his opinion, whether by paying financial amounts or providing a guarantee without the tribe. He has no right to do so and is considered negligent and bears the consequences thereof. Ninth: In the case of any debtor from the tribe refusing to pay the agreed fine to the head of the tribe and those bound by these conditions, the aforementioned person is brought before the state to be compelled to pay the fine among the tribe's members. It is known that if Allah decrees an accident upon him during the delay in paying the fine, the tribe is not obligated to pay it, and he bears it alone. Tenth: The head of the tribe determines the time of the meeting with the parties to the case and informs the tribe thereof. Eleventh: According to the agreement, all are bound by these conditions, and no claim should be made, whether through a mediator or a school of thought, and adherence to them is sufficient for everyone. Twelfth: This agreement, with its conditions, cancels any previous agreements and conditions regarding this matter. And so the signatures were placed, and success is from Allah.
A: After reviewing the aforementioned agreement, it was found to contain
financial obligations on the individuals of the tribe, and whoever does not comply with them, his case is referred to the government authorities to compel him to do so. Imposing these matters on people and forcing them to perform them is not permissible; because it is compelling what Allah and His Messenger did not make obligatory, and taking the wealth of a Muslim without his willing consent. Also, such binding agreements cause enmity, hatred, and resentment among Muslims, and this contradicts what the pure Shari'ah called for, which is mutual love, affection, and uniting hearts on good. Therefore, it is obligatory to abandon these obligations and not act upon them. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his companions.
Q: An agreement was reached by mutual consent and the free will of all members
The tribe of al-'Ammarah from al-Qathmah and al-Mumathil in: 1 - Dhawi Rajih : among them is 'Awad ibn Mada'ur. 2 - Dhawi Malfi : among them are Hamud ibn Ma'la, Muqtalib ibn Saleh, Khalaf Ghabish, Salem Shabab, Muhsin Ma'ifan, Samih Hadyan, Sa'ud ibn Muhammad, Sa'd ibn Muhammad. 3 - Dhawi Nasser : among them are Safar ibn Matir, 'Iyad ibn Barik. 4 - Dhawi Rajah : among them are Ali ibn Shanir, Qablan ibn Duwarij, Khalaf 'Ammar. 5 - Dhawi 'Ammar : among them are Ibrahim ibn Fulhan, 'Ati Faliha. 6 - al-'Arud : among them are Abdullah Munir, Nuwar ibn 'A'id, Masfir ibn Khalaf. 7 - Dhawi Khunayfis : among them is Dismān ibn Shaddad. 8 - Dhawi 'Ubayyan : among them is 'Ubaid ibn Sulayman. 9 - Dhawi Fayd : among them is Abdullah ibn Muslim. 15 - Dhawi Ma'in : among them is Mahil Bat'. Regarding the following: First: The customary fine is: (the flowing blood) excluding the damages that occur to cars or others. Second: The fine is obligatory upon any individual of the tribe who has reached the age of fourteen, or upon whom his hand is attached, except for accidents
involving cars, in which case it is only at the age of fourteen. Third: The person from whom the problem arises must not be in a state of intoxication or using narcotics of any kind during the occurrence of the accident or problem. Fourth: The head of the tribe must be informed of the occurrence of the accident or problem directly by the parties involved, so that action can be taken, the tribe informed, and the situation presented to them, and this must be done within a period not exceeding seven days. Fifth: The tribe is obligated to pay the blood money resulting from accidents within the agreement, whether it is small or large. Sixth: For an accident that occurs within the area of one thousand kilometers, the head of the tribe or his delegate and those he chooses must go to the area where the accident occurred and settle the matter. Seventh: For an accident that occurs outside the area of one thousand kilometers, the person involved in the accident must first inform the head of the tribe, then settle his situation if he is able, and present official documents or a legal deed proving his right. If he is unable, he requests the head of the tribe to attend or send someone to settle the matter and resolve the problem.
Eighth: No individual, regardless of his circumstances, has the right to act without the opinion of the head of the tribe, who acts independently with his opinion, whether by paying financial amounts or providing a guarantee without the tribe. He has no right to do so and is considered negligent and bears the consequences thereof. Ninth: In the case of any debtor from the tribe refusing to pay the agreed fine to the head of the tribe and those bound by these conditions, the aforementioned person is brought before the state to be compelled to pay the fine among the tribe's members. It is known that if Allah decrees an accident upon him during the delay in paying the fine, the tribe is not obligated to pay it, and he bears it alone. Tenth: The head of the tribe determines the time of the meeting with the parties to the case and informs the tribe thereof. Eleventh: According to the agreement, all are bound by these conditions, and no claim should be made, whether through a mediator or a school of thought, and adherence to them is sufficient for everyone. Twelfth: This agreement, with its conditions, cancels any previous agreements and conditions regarding this matter. And so the signatures were placed, and success is from Allah.
A: After reviewing the aforementioned agreement, it was found to contain
financial obligations on the individuals of the tribe, and whoever does not comply with them, his case is referred to the government authorities to compel him to do so. Imposing these matters on people and forcing them to perform them is not permissible; because it is compelling what Allah and His Messenger did not make obligatory, and taking the wealth of a Muslim without his willing consent. Also, such binding agreements cause enmity, hatred, and resentment among Muslims, and this contradicts what the pure Shari'ah called for, which is mutual love, affection, and uniting hearts on good. Therefore, it is obligatory to abandon these obligations and not act upon them. 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.