What is the ruling on money in customary reconciliation?
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Question:
May Allah reward you. The honorable scholar says: When a dispute arises between individuals, the members of the tribe perform a reconciliation, which involves the aggressing party paying a sum estimated at ten thousand or twenty thousand, and it may be more. It is known that this amount is distributed among all members of the tribe, and they pay it equally. The question is: What is the ruling on this reconciliation? What is the ruling on compelling the tribe to accept it? And is it permissible to help the aggressing party pay this amount?
Answer:
This is not a reconciliation; this is a judgment and compulsion. No one is forced into a reconciliation. It is presented to the people, and if they accept it, fine; otherwise, they are not forced to accept it. This is not a reconciliation; this is a compulsory judgment, and it is one of the customs of the desert, the customs of the tribes. If you have Shari'ah courts, it is not permissible for you to turn away from them. Rather, it is obligatory for you to resort to the Shari'ah courts.
It is not permissible for you to turn away from the Shari'ah courts to the customs of the tribes and the customs of the desert. That is, whoever rules by taghut has ruled by other than what Allah has revealed, and he is a taghut.
As for if you do not have Shari'ah courts, you reconcile between people without compulsion, without compulsion,
May Allah reward you. The honorable scholar says: When a dispute arises between individuals, the members of the tribe perform a reconciliation, which involves the aggressing party paying a sum estimated at ten thousand or twenty thousand, and it may be more. It is known that this amount is distributed among all members of the tribe, and they pay it equally. The question is: What is the ruling on this reconciliation? What is the ruling on compelling the tribe to accept it? And is it permissible to help the aggressing party pay this amount?
Answer:
This is not a reconciliation; this is a judgment and compulsion. No one is forced into a reconciliation. It is presented to the people, and if they accept it, fine; otherwise, they are not forced to accept it. This is not a reconciliation; this is a compulsory judgment, and it is one of the customs of the desert, the customs of the tribes. If you have Shari'ah courts, it is not permissible for you to turn away from them. Rather, it is obligatory for you to resort to the Shari'ah courts.
It is not permissible for you to turn away from the Shari'ah courts to the customs of the tribes and the customs of the desert. That is, whoever rules by taghut has ruled by other than what Allah has revealed, and he is a taghut.
As for if you do not have Shari'ah courts, you reconcile between people without compulsion, without compulsion,
Source
قناة «العلامة الدكتور صالح الفوزان»، ما حكم المال عند الصلح العرفي؟ لمعالي الشيخ صالح الفوزان — youtube.com
The Arabic text is a machine transcription of the audio recording.