I belong to one of the tribes, and there is a specific agreement between this tribe and others, one of whose clauses is as follows:
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The questioner : Noble Shaykh, I belong to one of the tribes, and there is a specific agreement between this tribe and others, one of whose clauses is as follows: If a man from our tribe is killed and his heirs accept the blood money, then one-third of it belongs to the tribe. When I asked them the reason, they said: Because if a blood money claim were to fall upon them, we would pay it with them. What is the ruling on this practice?
The Shaykh : Regarding the blood money: if a man is killed, his blood money belongs to his heirs because it is part of his wealth. One-third is taken from it if he had bequeathed one-third. For example, a man has two hundred thousand—two hundred thousand, meaning two hundred thousand—and he is killed by mistake, and his blood money is taken as one hundred thousand. If he had bequeathed one-third, how much would his one-third be? It would be one hundred thousand. If we did not count the blood money as part of his wealth, his one-third would be seventy thousand and a fraction. So, to whom does the blood money belong? To the heirs of the murdered man, and it is counted as part of his wealth. It is not permissible for anyone other than them to take it. As for the customs among people that contradict the Shari'ah, a believer cannot, once he knows the Shari'ah, follow such customs. For Allah the Exalted says:[Al-Ahzab 33:36] And He the Exalted says: [An-Nur 24:51] So, if the custom among these people is that the tribe takes one-third of the blood money of the murdered man, we say that it is not permissible for you to do so, because the blood money is inherited from the murdered man. Who inherits it? His heirs. And if they are informed of the Shari'ah, I believe they will turn away from their claim, because every believer, once he knows the law of Allah, cannot seek a substitute for it.
The questioner : May Allah reward you with good
The Shaykh : Regarding the blood money: if a man is killed, his blood money belongs to his heirs because it is part of his wealth. One-third is taken from it if he had bequeathed one-third. For example, a man has two hundred thousand—two hundred thousand, meaning two hundred thousand—and he is killed by mistake, and his blood money is taken as one hundred thousand. If he had bequeathed one-third, how much would his one-third be? It would be one hundred thousand. If we did not count the blood money as part of his wealth, his one-third would be seventy thousand and a fraction. So, to whom does the blood money belong? To the heirs of the murdered man, and it is counted as part of his wealth. It is not permissible for anyone other than them to take it. As for the customs among people that contradict the Shari'ah, a believer cannot, once he knows the Shari'ah, follow such customs. For Allah the Exalted says:
It is not for a believing man or a believing woman, when Allah and His Messenger have decided a matter, that they should [thereafter] have any choice about their affair. And whoever disobeys Allah and His Messenger has certainly strayed into clear error.
وما كان لمؤمن ولا مؤمنة إذا قضى الله ورسوله أمراً أن يكون لهم الخيرة من أمرهم ومن يعص الله ورسوله فقد ضل ضلالاً مبيناًThe only statement of the [true] believers when they are called to Allah and His Messenger to judge between them is that they say, "We hear and we obey." And those are the successful.
إنما كان قول المؤمنين إذا دعوا إلى الله ورسوله أن يقولوا سمعنا وأطعناThe questioner : May Allah reward you with good