What is the ruling on seeking judgment from tribal sheikhs?
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Question:
He says: Honorable Shaykh, may Allah grant you success. We have in the mountains that when there is a dispute, they seek judgment from the tribal sheikhs, whether in matters of blood or honor, and their ruling is binding and is not a settlement. So with them, everything has a specific amount. For example, if a blow is civil, it entails such-and-such number of sheep, and they do not go to the courts. What is the ruling on that?
Answer:
This is not permissible. This is seeking judgment from customs and tribal traditions, and this is not permissible. This is from the matters of the pre-Islamic age of ignorance. As long as there are judges, one must turn to them, and to the Shari'ah courts.
He says: Honorable Shaykh, may Allah grant you success. We have in the mountains that when there is a dispute, they seek judgment from the tribal sheikhs, whether in matters of blood or honor, and their ruling is binding and is not a settlement. So with them, everything has a specific amount. For example, if a blow is civil, it entails such-and-such number of sheep, and they do not go to the courts. What is the ruling on that?
Answer:
This is not permissible. This is seeking judgment from customs and tribal traditions, and this is not permissible. This is from the matters of the pre-Islamic age of ignorance. As long as there are judges, one must turn to them, and to the Shari'ah courts.
Source
قناة «العلامة الدكتور صالح الفوزان»، [2523 -2802] ما حكم التحاكم لمشايخ القبائل؟ - الشيخ صالح الفوزان — youtube.com
The Arabic text is a machine transcription of the audio recording.