Reconciliation through tribal customs and ruling by other than what Allah has revealed
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Question:
He says: Honorable Shaykh, may Allah grant you success. When a dispute arises between some individuals, especially in tribal societies, and some minor injuries result, some members of the tribe intervene to reconcile them. This reconciliation may reach more than fifty thousand riyals, whereas if the legal judge had ruled on it, it would not have reached one or two thousand. When we advise them and say, “Leave the judgment to the judge,” they say, “The judge told us to reconcile.” We inform you, Honorable Shaykh, that these disputing parties sometimes remain in their state of hatred and enmity even after the reconciliation. The question is: Is this permissible? And is this action considered ruling by other than what Allah has revealed?
Answer:
Yes, the tribal customs by which people are judged are part of ruling by other than what Allah has revealed. Ruling by tribal customs and tribal traditions is ruling by other than what Allah has revealed; this is the ruling of the taghut. So what is the difference between us and the law?
This is a Satanic law, so it is not permissible. As for reconciliation, it is permissible and encouraged, but reconciliation must be by mutual consent, not by compulsion. Reconciliation is not by compulsion; rather, it is by the consent of both parties. If one wishes, he accepts it; if he wishes, he leaves it. So if the reconciliation is by mutual agreement, there is no harm. However, if it is compulsory based on tribal rules, this compulsion is the ruling of the taghut and is not permissible. Whoever deems it permissible is a disbeliever. Whoever deems it permissible to rule by other than what Allah has revealed is a disbeliever, or if he says, “This is better than the Shari'ah,” or “This is better than the Shari'ah,” he is a disbeliever, may Allah protect us from that. Like the one who says, “The law is better than the Shari'ah”; he is a disbeliever. Or if he says it is equal—he did not say “better,” but he says “equal”—that ruling by the law, or by tribal customs, or by the Shari'ah, is all the same; he is a disbeliever because he equated the ruling of Allah with the ruling of the taghut. This is absolutely not permissible. It is not permissible for judges to refer cases to the tribes; they are not allowed to do this. If it is established that a judge did this, the necessary action must be taken against him. They are not allowed to refer to tribal customs. The ruling of the tribes, yes.
He says: Honorable Shaykh, may Allah grant you success. When a dispute arises between some individuals, especially in tribal societies, and some minor injuries result, some members of the tribe intervene to reconcile them. This reconciliation may reach more than fifty thousand riyals, whereas if the legal judge had ruled on it, it would not have reached one or two thousand. When we advise them and say, “Leave the judgment to the judge,” they say, “The judge told us to reconcile.” We inform you, Honorable Shaykh, that these disputing parties sometimes remain in their state of hatred and enmity even after the reconciliation. The question is: Is this permissible? And is this action considered ruling by other than what Allah has revealed?
Answer:
Yes, the tribal customs by which people are judged are part of ruling by other than what Allah has revealed. Ruling by tribal customs and tribal traditions is ruling by other than what Allah has revealed; this is the ruling of the taghut. So what is the difference between us and the law?
This is a Satanic law, so it is not permissible. As for reconciliation, it is permissible and encouraged, but reconciliation must be by mutual consent, not by compulsion. Reconciliation is not by compulsion; rather, it is by the consent of both parties. If one wishes, he accepts it; if he wishes, he leaves it. So if the reconciliation is by mutual agreement, there is no harm. However, if it is compulsory based on tribal rules, this compulsion is the ruling of the taghut and is not permissible. Whoever deems it permissible is a disbeliever. Whoever deems it permissible to rule by other than what Allah has revealed is a disbeliever, or if he says, “This is better than the Shari'ah,” or “This is better than the Shari'ah,” he is a disbeliever, may Allah protect us from that. Like the one who says, “The law is better than the Shari'ah”; he is a disbeliever. Or if he says it is equal—he did not say “better,” but he says “equal”—that ruling by the law, or by tribal customs, or by the Shari'ah, is all the same; he is a disbeliever because he equated the ruling of Allah with the ruling of the taghut. This is absolutely not permissible. It is not permissible for judges to refer cases to the tribes; they are not allowed to do this. If it is established that a judge did this, the necessary action must be taken against him. They are not allowed to refer to tribal customs. The ruling of the tribes, yes.
Source
قناة «العلامة الدكتور صالح الفوزان»، 104 من 123/شرح كتاب زاد المستقنع/الديات/الشجاج وكسر العظام/صالح الفوزان/الفقه/كبار العلماء — youtube.com (55:39)
The Arabic text is a machine transcription of the audio recording.
