The Ruling on Referring Disputes to Tribal Sheikhs

The questioner:
Is it permissible to refer personal disputes to tribal chiefs or tribal sheikhs, knowing that these people have no knowledge of the Shari'ah, and they judge between people and reconcile them according to the customs of their ancestors?

The Shaykh:
We have referred to this before. We said that if the intention is reconciliation between the two parties without compulsion, then there is nothing wrong with it. However, if the intention is judgment, decision, and compulsion, then this is not permissible except for the Shari'ah courts.

The questioner:
And he says this is the honorable provision.

The Shaykh:
It is the second case. In reality, they compel people and follow the customs of the pre-Islamic age of ignorance and the customs of the tribes, and they enforce them, as if it were a Shari'ah ruling. This is the judgment of the taghut, and it is not permissible. Yes.