Referring to the Shari'ah, not to customary rulings
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Fatwa number ( 6216 ):
Q: What is the ruling if two people, for example, dispute and take their case to the customary courts? For instance, each of them places a scale, as they call it, and they agree upon one of the tribal sheikhs to judge between them. They sit before him, and each presents his claim against the other. If the case is simple, he rules with a sacrificial animal for the wrongdoer, which he slaughters for his opponent. If the case is serious, he rules with (a foreign woman), meaning: in the past, they would strike him
on his head with a sharp tool until his blood flows, but today the (jabaniyyah) is estimated in dirhams, and they call this: a settlement. This practice is widespread among the tribes and is called: a madhhab, meaning: if you do not accept their action, they say about you: (one who severs the madhhab). What is the ruling on this, O honorable Shaykh?
A: It is obligatory for Muslims to refer to the Islamic Shari'ah, not to customary rulings or to man-made laws. What you mentioned is not a settlement in reality, but rather referring to customary principles and rules; therefore, they call it: a madhhab, and they say of the one who does not accept the ruling based on it: he is one who severs the madhhab. Calling it a settlement does not change its reality, which is referring to taghut. Furthermore, the ruling they specified, whether slaughtering or striking the head with a sharp tool until blood flows, is not a Shari'ah ruling. Accordingly, it is obligatory for the tribal sheikhs not to judge between people in this manner, and it is obligatory for Muslims not to refer to them if they do not abandon this for ruling by the Shari'ah. Today, and praise be to Allah, the ruler has appointed judges who judge between people and settle their disputes by the Book of Allah and the Sunnah of His Messenger (peace and blessings be upon him), and resolve their problems in a way that does not conflict with the Shari'ah of Allah the Exalted. Therefore, no one has an excuse to refer to
taghut after the establishment of those to whom one should refer, namely the scholars of Islam, who judge by the ruling of Allah, the Sublime. And success is from Allah. May Allah send prayers and blessings upon our Prophet Muhammad, his family, and his companions.
Q: What is the ruling if two people, for example, dispute and take their case to the customary courts? For instance, each of them places a scale, as they call it, and they agree upon one of the tribal sheikhs to judge between them. They sit before him, and each presents his claim against the other. If the case is simple, he rules with a sacrificial animal for the wrongdoer, which he slaughters for his opponent. If the case is serious, he rules with (a foreign woman), meaning: in the past, they would strike him
on his head with a sharp tool until his blood flows, but today the (jabaniyyah) is estimated in dirhams, and they call this: a settlement. This practice is widespread among the tribes and is called: a madhhab, meaning: if you do not accept their action, they say about you: (one who severs the madhhab). What is the ruling on this, O honorable Shaykh?
A: It is obligatory for Muslims to refer to the Islamic Shari'ah, not to customary rulings or to man-made laws. What you mentioned is not a settlement in reality, but rather referring to customary principles and rules; therefore, they call it: a madhhab, and they say of the one who does not accept the ruling based on it: he is one who severs the madhhab. Calling it a settlement does not change its reality, which is referring to taghut. Furthermore, the ruling they specified, whether slaughtering or striking the head with a sharp tool until blood flows, is not a Shari'ah ruling. Accordingly, it is obligatory for the tribal sheikhs not to judge between people in this manner, and it is obligatory for Muslims not to refer to them if they do not abandon this for ruling by the Shari'ah. Today, and praise be to Allah, the ruler has appointed judges who judge between people and settle their disputes by the Book of Allah and the Sunnah of His Messenger (peace and blessings be upon him), and resolve their problems in a way that does not conflict with the Shari'ah of Allah the Exalted. Therefore, no one has an excuse to refer to
taghut after the establishment of those to whom one should refer, namely the scholars of Islam, who judge by the ruling of Allah, the Sublime. And success is from Allah. 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.