Referring to Customary Laws and Tribal Laws
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Q: Do those who refer to customary laws and tribal laws realize the meaning of "La ilaha illa Allah" (There is no god but Allah)?
A: As for referring to laws and tribal customs, this is a reprehensible act that is not permissible. It is obligatory to refer to the law of Allah, as He, the Exalted, said: [Al-Nisa: 65]. It is obligatory for all states that claim Islam to rule by the law of Allah and to abandon referring to [man-made] laws. It is obligatory for any tribe to return to the judgment of Allah and not return to their laws, customs, or the traditions of their fathers.
As for reconciliation, there is no harm in it if it is not imposed. If the Shaykh of the tribe or one of the tribe's members or notables reconciles two disputing parties with a reconciliation that does not contradict the law of Allah, by advising one to drop part of his right, the other to be lenient regarding part of his right, or one to forgive, then there is no harm in this. However, it is not permissible to compel them with laws that go back to their ancestors and fathers. As for reconciliation by mutual agreement, where one allows part of his right, or forgives his brother's insult, or something similar, there is no harm in this; due to the saying of Allah, the Exalted: [Al-Nisa: 128] and the saying of the Prophet (peace and blessings be upon him): Sunan Ibn Majah 2353Sahih (Darussalam).
A: As for referring to laws and tribal customs, this is a reprehensible act that is not permissible. It is obligatory to refer to the law of Allah, as He, the Exalted, said:
But no, by your Lord, they will not [truly] believe until they make you, [O Muhammad], judge concerning that over which they dispute among themselves and then find within themselves no discomfort from what you have judged and submit in [full, willing] submission.
فَلا وَرَبِّكَ لا يُؤْمِنُونَ حَتَّى يُحَكِّمُوكَ فِيمَا شَجَرَ بَيْنَهُمْ ثُمَّ لا يَجِدُوا فِي أَنْفُسِهِمْ حَرَجًا مِمَّا قَضَيْتَ وَيُسَلِّمُوا تَسْلِيمًاAs for reconciliation, there is no harm in it if it is not imposed. If the Shaykh of the tribe or one of the tribe's members or notables reconciles two disputing parties with a reconciliation that does not contradict the law of Allah, by advising one to drop part of his right, the other to be lenient regarding part of his right, or one to forgive, then there is no harm in this. However, it is not permissible to compel them with laws that go back to their ancestors and fathers. As for reconciliation by mutual agreement, where one allows part of his right, or forgives his brother's insult, or something similar, there is no harm in this; due to the saying of Allah, the Exalted:
And settlement is better
وَالصُّلْحُ خَيْرٌReconciling between Muslims is permissible, except reconciliation that forbids something that is allowed, or allows something that is forbidden.
الصلح جائز بين المسلمين إلا صلحًا حرم حلالًا أو أحل حرامًا
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.