The Ruling on Enforcing Rights Based on Tribal Customs
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Question:
And it is not the Shaykh alone, and Allah knows best. The ruling, as it happens now between some people, is that they compel one person to give another his right, saying, "You have a right over him, whether it is his status, his wealth, or something else." Is this permissible?
Answer:
This is one of the tribal customs about which the brother asked. When some people transgress against others, they compel them to offer sacrifices and compel them to pay money, even though the victim has no right to the money of the people present. They consider this to be a discretionary punishment (ta'zir). This is the ruling of the taghut (tyranny). This is not permissible; this is not permissible. The Shaykh, Ibn Baz (may Allah have mercy on him), wrote a great piece of advice in this matter regarding the customs of the pre-Islamic age of ignorance (jahiliyyah) and their invalidity. It is obligatory to resort to the Shari'ah and the Shari'ah courts and to abolish these customs. Yes.
And it is not the Shaykh alone, and Allah knows best. The ruling, as it happens now between some people, is that they compel one person to give another his right, saying, "You have a right over him, whether it is his status, his wealth, or something else." Is this permissible?
Answer:
This is one of the tribal customs about which the brother asked. When some people transgress against others, they compel them to offer sacrifices and compel them to pay money, even though the victim has no right to the money of the people present. They consider this to be a discretionary punishment (ta'zir). This is the ruling of the taghut (tyranny). This is not permissible; this is not permissible. The Shaykh, Ibn Baz (may Allah have mercy on him), wrote a great piece of advice in this matter regarding the customs of the pre-Islamic age of ignorance (jahiliyyah) and their invalidity. It is obligatory to resort to the Shari'ah and the Shari'ah courts and to abolish these customs. Yes.
Source
قناة «العلامة الدكتور صالح الفوزان»، 23 من 89|شرح العدة في شرح العمدة|البيوع|باب الرهن|صالح الفوزان|الفقه|كبار العلماء — youtube.com (1:03:35)
The Arabic text is a machine transcription of the audio recording.
