The Ruling on Tribal Customs and the Fines Imposed on Those Who Violate Them
Machine translationRead the Arabic original
Question:
Honorable Shaykh, in some of our villages, each village establishes a system for the benefit of the village. Whoever violates this system is punished by the tribal shaykh, either by slaughtering a sheep or by paying some money. What is the ruling on this practice?
Answer:
A system that does not contradict the Shari'ah is permissible. However, a system that contradicts the Shari'ah is not permissible. As for fining people with slaughtered animals or money, this is forbidden and not permissible. The wealth of a Muslim is not lawful except by his own willing consent. Fining people for something that Allah has not commanded them to do and has not obligated upon them, and compelling them to do so, is consuming the wealth of people through falsehood. This is not permissible.
As for a system that does not conflict with the Book and the Sunnah, such as traffic regulations or other regulations for the benefit of people that do not conflict with the Book and the Sunnah, there is no harm in it. But what conflicts with the Book and the Sunnah is not permissible, whether from tribes or from others. Yes.
Honorable Shaykh, in some of our villages, each village establishes a system for the benefit of the village. Whoever violates this system is punished by the tribal shaykh, either by slaughtering a sheep or by paying some money. What is the ruling on this practice?
Answer:
A system that does not contradict the Shari'ah is permissible. However, a system that contradicts the Shari'ah is not permissible. As for fining people with slaughtered animals or money, this is forbidden and not permissible. The wealth of a Muslim is not lawful except by his own willing consent. Fining people for something that Allah has not commanded them to do and has not obligated upon them, and compelling them to do so, is consuming the wealth of people through falsehood. This is not permissible.
As for a system that does not conflict with the Book and the Sunnah, such as traffic regulations or other regulations for the benefit of people that do not conflict with the Book and the Sunnah, there is no harm in it. But what conflicts with the Book and the Sunnah is not permissible, whether from tribes or from others. Yes.
Source
قناة «العلامة الدكتور صالح الفوزان»، 102- حكم الأعراف القبلية، وما يُفرض على مخالفيها من غرامات - صالح الفوزان — youtube.com
The Arabic text is a machine transcription of the audio recording.