Reconciliation by the people of status and knowledge in matters that do not contradict the Shari'ah
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Fatwa number ( 12705 )
Q: There is a lot of violence in our area that leads to injuries. When the state, may Allah support it, brings them to the Shari'ah court, many of them make a Shari'ah-based waiver of their blood and their personal right, while they are lying in doing so. They want to take revenge with their own hands or to arbitrate in their blood. Their opponent remains confused by the known tribal kinship and seeks refuge in Allah, the Exalted, then in the people of status and knowledge to save him from it. Much of this has occurred. For example, if a person's blood right is Shari'ah-wise about (10,000 riyals), ten thousand riyals, the ruling demands about (50,000 riyals), fifty thousand riyals, or more or less, even though after the conclusion they give a guarantor from the relatives
of the opponent according to tribal customs, to prevent a return to the fitnah. Therefore, I ask Allah, then your Eminence, to guide us to what agrees with the Shari'ah regarding reconciliation. Note: Our question revolves around the people of status and knowledge in this matter, and whether what is established or practiced in this reconciliation agrees with the Shari'ah or not?
A: If the reconciliation by the people of status and knowledge is in matters that do not contradict the pure Shari'ah, it is permissible; for it is established that the Prophet (peace and blessings be upon him) said:Sunan Ibn Majah 2353Sahih (Darussalam) . And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: There is a lot of violence in our area that leads to injuries. When the state, may Allah support it, brings them to the Shari'ah court, many of them make a Shari'ah-based waiver of their blood and their personal right, while they are lying in doing so. They want to take revenge with their own hands or to arbitrate in their blood. Their opponent remains confused by the known tribal kinship and seeks refuge in Allah, the Exalted, then in the people of status and knowledge to save him from it. Much of this has occurred. For example, if a person's blood right is Shari'ah-wise about (10,000 riyals), ten thousand riyals, the ruling demands about (50,000 riyals), fifty thousand riyals, or more or less, even though after the conclusion they give a guarantor from the relatives
of the opponent according to tribal customs, to prevent a return to the fitnah. Therefore, I ask Allah, then your Eminence, to guide us to what agrees with the Shari'ah regarding reconciliation. Note: Our question revolves around the people of status and knowledge in this matter, and whether what is established or practiced in this reconciliation agrees with the Shari'ah or not?
A: If the reconciliation by the people of status and knowledge is in matters that do not contradict the pure Shari'ah, it is permissible; for it is established that the Prophet (peace and blessings be upon him) said:
Reconciling between Muslims is permissible, except reconciliation that forbids something that is allowed, or allows something that is forbidden.
الصلح جائز بين المسلمين إلا صلحًا حرم حلالاً أو أحل حرامًا
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.