The condition of the blood relatives in the settlement that they marry two daughters from the daughters of the killing tribe
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Fatwa number ( 19674 )
Q: I inform your Eminence that I am one of the sons of Tihama Qahtan, in the southern region, and I work in Islamic awareness at the Border Guard in the 'Asir region, Dhahr al-Janub city, and I am a graduate of the College of Sharia, branch of the Imam Muhammad ibn Saud Islamic University in the south for this year, and I have limited activity in calling and guiding to Allah in the department where I work, and in Tihama Qahtan the town of my origin and birth. However, I face in our land of Tihama Qahtan some pre-Islamic traditions and customs inherited by the fathers from the grandfathers, out of ignorance of the rulings of the law of Allah, and I am among others in addressing what contradicts the law of Allah and encouraging them to follow the teachings of the law, and those customs and traditions that contradict the law have diminished to a great extent, except that there are still some matters that we see as contrary to the law of Allah and we have not been able to convince them to
abandon them. Among those matters they still adhere to is a custom they have inherited, which in my view is a bad and ugly custom; because of the harms that result from it, and this custom is: that if a case of killing occurs between two tribes or two families, the blood relatives do not accept the settlement or the blood money except on the condition that they marry two daughters from the family or tribe of the killer, justified by the claim that the money goes away and the bride remains as compensation, and the married woman or the one chosen by the blood relatives is forced to marry from the family of the blood relatives, within the terms of the settlement, whether she is willing or not, and yet she has no choice in choosing a husband from the family of the killed man, and she has no choice in annulling the marriage no matter what harsh circumstances befall her, and if the one who married her from the family of the killed man dies, one of his relatives inherits her, and this woman conditioned for the people of the victim is part of the settlement or the agreed-upon blood money. The question is: Is there in the law of Allah what permits this, given what we mentioned of her lack of consent, the inability to annul the marriage, her lack of freedom in choosing a husband, and her lack of freedom after the death of her first husband, as she may be willing in some cases, and the groom may pay a symbolic mahr in some cases, and not in all cases, but the marriage of this woman to the family of the killed man is necessary, even if a symbolic mahr is paid. We request from your Excellence, if there is nothing in the law of Allah that permits this, that I hope from Allah then
from your Eminence an immediate response to this question, as the matter involves a case similar to what we mentioned in these days, and the case is pending the issuance of an official legal fatwa from your Eminence; because when I was informed of the settlement in a case that occurred with us, and it included the demand for a bride, I suspended the settlement until what your Eminence sees regarding this matter is issued; because the bride is an orphan, forced, and has no fault, so we suspended this settlement until we see your Eminence's response and the ruling as you see it, and in the case of us receiving the content of your Eminence's fatwa regarding its permissibility or not, the judge of the region will be informed of its content. Also, among the merits of this marriage is maintaining family ties, establishing lineage, and extinguishing the sparks of discord between the family of the killer and the killed, and among its demerits is what we mentioned previously. May Allah guide your Eminence and direct your steps on the path of good, and my hope in Allah then in your Eminence is that the response be immediate.
A: This settlement in the question between the tribe of the killer and the tribe of the killed is invalid, having no basis in the Book of Allah or the Sunnah of His Messenger (peace and blessings be upon him); because it contradicts what came in the purified Shari'ah of Islam that the blood relatives have the right to retaliation from the killer or forgiveness from retaliation to the blood money, or relinquishing all of that in intentional killing, and that they have the blood money or forgiveness in accidental killing without conditioning anything other than
That is, just as this settlement is based on a custom from the customs of the pre-Islamic age of ignorance, because it involves the blood relatives demanding to marry two daughters of the tribe that committed the killing, without regard for their consent, and if the husband of one of them dies, one of her relatives inherits her, and the acceptance of the blood money and the settlement is not completed except by this, and this is of the same kind as what the Arabs used to do in the pre-Islamic age of ignorance before Islam, for al-Bukhari narrated in his Sahih, vol. 8, p. 57, from 'Ikrimah (may Allah be pleased with him), from Ibn 'Abbas (may Allah be pleased with them both), that al-Shaybani said: And 'Ata, Abu al-Hasan al-Suwayri, told me, and I do not think he mentioned it except from Ibn 'Abbas (may Allah be pleased with them both): The verse, he said: They used to, when a man died, that his awliya (close friends of Allah) had the most right to his wife; if some of them wished, they would marry her, and if they wished, they would give her in marriage, and if they wished, they would not give her in marriage, so they had more right to her than her own people, so this verse was revealed regarding that. And Ibn Hajar mentioned in (Fath al-Bari), vol. 8, p. 95, saying: And al-Tabari narrated through the route of 'Ali ibn Abi Talhah from Ibn 'Abbas, who said: (They used toal-Bukhariin his Sahih, vol. 8, p. 57, from'Ikrimah(may Allah be pleased with him), fromIbn 'Abbas(may Allah be pleased with them both), who saidAl-Shaybani:and he told me'Ata, Abu al-Hasan al-Suwayri,and I do not think he mentioned it except fromIbn 'Abbas(may Allah be pleased with them both):[An-Nisa 4:19] the verse, he said: When a man died, his awliya (close friends of Allah) had the right to his wife; if some of them wished, they would marry her, if they wished, they would give her in marriage, and if they wished, they would not give her in marriage; they had more right to her than her own people. This verse was revealed regarding that. And Ibn Hajar mentioned in (Fath al-Bari), vol. 8, p. 95, saying:Ibn Hajarin (Fath al-Bari), vol. 8, p. 95, he said: “And al-Tabari narratedal-Tabarithrough the route of'Ali ibn Abi TalhahfromIbn 'AbbasHe said: (It was
a man died and left a woman, his close relative would throw a garment over her and prevent her from the people, and if she was beautiful, he would marry her, and if she was ugly, he would keep her until she died and he would inherit her), and accordingly, this marriage on which this settlement is based is invalid and has no validity; because of taking the woman as a commodity to be exchanged, and humiliating her dignity by forcing her into that marriage and her being inherited by her husband's relatives if her husband dies, and this is contrary to the Shari'ah of Islam, for the woman in Islam has her status and rights that guarantee her dignity and honor, so it is not permissible to contract marriage with her except with her consent, for one of the conditions of the validity of marriage is the consent of both spouses to each other, and she has the right to the mahr without her guardian or other members of her tribe, and therefore Islam has forbidden shighar; because the guardian only desires the suitor for his own purpose and benefit, without regard to the benefit of the woman and her consent, and this mentioned marriage was only done based on the consideration of the benefit of that tribe without regard to the benefit of the woman and her consent. In addition to what may happen because of that marriage of problems and harms and evils, and its being taken as a means to harm the woman married to him, which may reach killing in revenge for those who were killed
from them, especially since it happened without the consent of the wife, and the claim that this marriage achieves maintaining family ties, and extinguishing the sparks of discord between the two tribes, despite what was mentioned, is not accepted, and averting harm takes precedence over seeking benefit. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad and his family and his companions.
Q: I inform your Eminence that I am one of the sons of Tihama Qahtan, in the southern region, and I work in Islamic awareness at the Border Guard in the 'Asir region, Dhahr al-Janub city, and I am a graduate of the College of Sharia, branch of the Imam Muhammad ibn Saud Islamic University in the south for this year, and I have limited activity in calling and guiding to Allah in the department where I work, and in Tihama Qahtan the town of my origin and birth. However, I face in our land of Tihama Qahtan some pre-Islamic traditions and customs inherited by the fathers from the grandfathers, out of ignorance of the rulings of the law of Allah, and I am among others in addressing what contradicts the law of Allah and encouraging them to follow the teachings of the law, and those customs and traditions that contradict the law have diminished to a great extent, except that there are still some matters that we see as contrary to the law of Allah and we have not been able to convince them to
abandon them. Among those matters they still adhere to is a custom they have inherited, which in my view is a bad and ugly custom; because of the harms that result from it, and this custom is: that if a case of killing occurs between two tribes or two families, the blood relatives do not accept the settlement or the blood money except on the condition that they marry two daughters from the family or tribe of the killer, justified by the claim that the money goes away and the bride remains as compensation, and the married woman or the one chosen by the blood relatives is forced to marry from the family of the blood relatives, within the terms of the settlement, whether she is willing or not, and yet she has no choice in choosing a husband from the family of the killed man, and she has no choice in annulling the marriage no matter what harsh circumstances befall her, and if the one who married her from the family of the killed man dies, one of his relatives inherits her, and this woman conditioned for the people of the victim is part of the settlement or the agreed-upon blood money. The question is: Is there in the law of Allah what permits this, given what we mentioned of her lack of consent, the inability to annul the marriage, her lack of freedom in choosing a husband, and her lack of freedom after the death of her first husband, as she may be willing in some cases, and the groom may pay a symbolic mahr in some cases, and not in all cases, but the marriage of this woman to the family of the killed man is necessary, even if a symbolic mahr is paid. We request from your Excellence, if there is nothing in the law of Allah that permits this, that I hope from Allah then
from your Eminence an immediate response to this question, as the matter involves a case similar to what we mentioned in these days, and the case is pending the issuance of an official legal fatwa from your Eminence; because when I was informed of the settlement in a case that occurred with us, and it included the demand for a bride, I suspended the settlement until what your Eminence sees regarding this matter is issued; because the bride is an orphan, forced, and has no fault, so we suspended this settlement until we see your Eminence's response and the ruling as you see it, and in the case of us receiving the content of your Eminence's fatwa regarding its permissibility or not, the judge of the region will be informed of its content. Also, among the merits of this marriage is maintaining family ties, establishing lineage, and extinguishing the sparks of discord between the family of the killer and the killed, and among its demerits is what we mentioned previously. May Allah guide your Eminence and direct your steps on the path of good, and my hope in Allah then in your Eminence is that the response be immediate.
A: This settlement in the question between the tribe of the killer and the tribe of the killed is invalid, having no basis in the Book of Allah or the Sunnah of His Messenger (peace and blessings be upon him); because it contradicts what came in the purified Shari'ah of Islam that the blood relatives have the right to retaliation from the killer or forgiveness from retaliation to the blood money, or relinquishing all of that in intentional killing, and that they have the blood money or forgiveness in accidental killing without conditioning anything other than
That is, just as this settlement is based on a custom from the customs of the pre-Islamic age of ignorance, because it involves the blood relatives demanding to marry two daughters of the tribe that committed the killing, without regard for their consent, and if the husband of one of them dies, one of her relatives inherits her, and the acceptance of the blood money and the settlement is not completed except by this, and this is of the same kind as what the Arabs used to do in the pre-Islamic age of ignorance before Islam, for al-Bukhari narrated in his Sahih, vol. 8, p. 57, from 'Ikrimah (may Allah be pleased with him), from Ibn 'Abbas (may Allah be pleased with them both), that al-Shaybani said: And 'Ata, Abu al-Hasan al-Suwayri, told me, and I do not think he mentioned it except from Ibn 'Abbas (may Allah be pleased with them both): The verse, he said: They used to, when a man died, that his awliya (close friends of Allah) had the most right to his wife; if some of them wished, they would marry her, and if they wished, they would give her in marriage, and if they wished, they would not give her in marriage, so they had more right to her than her own people, so this verse was revealed regarding that. And Ibn Hajar mentioned in (Fath al-Bari), vol. 8, p. 95, saying: And al-Tabari narrated through the route of 'Ali ibn Abi Talhah from Ibn 'Abbas, who said: (They used toal-Bukhariin his Sahih, vol. 8, p. 57, from'Ikrimah(may Allah be pleased with him), fromIbn 'Abbas(may Allah be pleased with them both), who saidAl-Shaybani:and he told me'Ata, Abu al-Hasan al-Suwayri,and I do not think he mentioned it except fromIbn 'Abbas(may Allah be pleased with them both):
O you who have believed, it is not lawful for you to inherit women by compulsion
يَا أَيُّهَا الَّذِينَ آمَنُوا لاَ يَحِلُّ لَكُمْ أَنْ تَرِثُوا النِّسَاءَ كَرْهًاa man died and left a woman, his close relative would throw a garment over her and prevent her from the people, and if she was beautiful, he would marry her, and if she was ugly, he would keep her until she died and he would inherit her), and accordingly, this marriage on which this settlement is based is invalid and has no validity; because of taking the woman as a commodity to be exchanged, and humiliating her dignity by forcing her into that marriage and her being inherited by her husband's relatives if her husband dies, and this is contrary to the Shari'ah of Islam, for the woman in Islam has her status and rights that guarantee her dignity and honor, so it is not permissible to contract marriage with her except with her consent, for one of the conditions of the validity of marriage is the consent of both spouses to each other, and she has the right to the mahr without her guardian or other members of her tribe, and therefore Islam has forbidden shighar; because the guardian only desires the suitor for his own purpose and benefit, without regard to the benefit of the woman and her consent, and this mentioned marriage was only done based on the consideration of the benefit of that tribe without regard to the benefit of the woman and her consent. In addition to what may happen because of that marriage of problems and harms and evils, and its being taken as a means to harm the woman married to him, which may reach killing in revenge for those who were killed
from them, especially since it happened without the consent of the wife, and the claim that this marriage achieves maintaining family ties, and extinguishing the sparks of discord between the two tribes, despite what was mentioned, is not accepted, and averting harm takes precedence over seeking benefit. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad and his family and his companions.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.