Proving a Family’s Affiliation with a Tribe by the Testimony of Its Shaykhs
Machine translationRead the Arabic original
Question:
He says: Honorable Shaykh, may Allah grant you success, if a family’s affiliation with a certain tribe is established by the testimony of the tribe’s shaykhs and elders, is such a matter considered a claim of lineage?
Answer:
No, this is proof of their affiliation with the tribe. As for proving lineage, that is attributing a child to his father, saying this child is from this man. But as for these people being from that tribe, that is an easy matter. It is an easy matter; it does not require witnesses. If the tribe did not object, and they claimed affiliation with it and it did not object, then they are said to be of it. But this does not establish it in the court. That is something they have agreed to and are proceeding with, and it is their affair.
He says: Honorable Shaykh, may Allah grant you success, if a family’s affiliation with a certain tribe is established by the testimony of the tribe’s shaykhs and elders, is such a matter considered a claim of lineage?
Answer:
No, this is proof of their affiliation with the tribe. As for proving lineage, that is attributing a child to his father, saying this child is from this man. But as for these people being from that tribe, that is an easy matter. It is an easy matter; it does not require witnesses. If the tribe did not object, and they claimed affiliation with it and it did not object, then they are said to be of it. But this does not establish it in the court. That is something they have agreed to and are proceeding with, and it is their affair.
Source
قناة «العلامة الدكتور صالح الفوزان»، 141/139 شرح زاد المستقنع/ صالح الفوزان — youtube.com (55:41)
The Arabic text is a machine transcription of the audio recording.
