The Ruling on the Customs and Judgments of Tribes When They Contradict the Shari'ah
Machine translationRead the Arabic original
Question:
May Allah reward you. Your Eminence, the father, the questioner says: Some tribes agree on certain matters, such as if someone does such-and-such, then such-and-such is imposed on him, and these become binding on the members of the tribe. These matters may be in accordance with the Shari'ah or they may contradict it, and they call them "legislations." What is the ruling on this action, and what is the ruling on calling them "legislations"?
Answer:
This is the ruling of the jahiliyyah (the pre-Islamic age of ignorance); these are pre-Islamic opinions, and they are part of the ruling of the jahiliyyah. It is not permissible to compel people to anything other than what Allah has compelled them to, or what their Messenger has compelled them to. The default regarding people's wealth is[Al-Baqarah 2:188]; the wealth of a person is not lawful except by his own willing consent. Therefore, it is not permissible to take it except by a legitimate right in the Shari'ah, not by pre-Islamic greed or custom. Is this from the ruling of the jahiliyyah?
May Allah reward you. Your Eminence, the father, the questioner says: Some tribes agree on certain matters, such as if someone does such-and-such, then such-and-such is imposed on him, and these become binding on the members of the tribe. These matters may be in accordance with the Shari'ah or they may contradict it, and they call them "legislations." What is the ruling on this action, and what is the ruling on calling them "legislations"?
Answer:
This is the ruling of the jahiliyyah (the pre-Islamic age of ignorance); these are pre-Islamic opinions, and they are part of the ruling of the jahiliyyah. It is not permissible to compel people to anything other than what Allah has compelled them to, or what their Messenger has compelled them to. The default regarding people's wealth is
And do not consume one another's wealth unjustly
وَلَا تَأْكُلُوا أَمْوَالَكُم بَيْنَكُم بِالْبَاطِلِ
Source
قناة «العلامة الدكتور صالح الفوزان»، [290- 4717] حكم أعراف القبائل وأحكامهم إذا خالفت الشرع - الشيخ صالح الفوزان — youtube.com
The Arabic text is a machine transcription of the audio recording.
