The Ruling on Referring Disputes to Other Than the Law of Allah and Swearing Oaths by Other Than Allah
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Question:
When a dispute arises between two tribes over a matter of worldly interests, the disputing parties do not refer to the Shari'ah, even if it is according to the ruling of the Shari'ah. Rather, they refer—this is prevalent among all members of both tribes—to what is called the "Mardi," which is a person from a tribe other than the two disputing tribes. This person rules based on what the fathers and grandfathers established. He may even rule by an oath taken at a shrine. For example, if a person is accused of theft and denies it, he swears by Shaykh So-and-So that he did not steal, and five or ten of his relatives or tribe members, chosen by the tribe to which the oath belongs, swear with him. In fact, they swear that their companion is truthful, even if they have seen nothing. What is your opinion, Your Eminence? And what is our position as callers to Allah? If my father is one of those who rule people by these precedents, and I have described his situation, what is the way to advise him, despite the fact that I have advised him more than once? He justified his action by saying that as long as he makes people swear to each other, there is nothing wrong with it. Should I cut off ties with him? And if I cut off ties with him, will I be undutiful to him?
Please inform us. May Allah reward you with good.
Answer:
It is not permissible to refer disputes to other than the Shari'ah of Allah. Rather, it is obligatory to judge by the Shari'ah of Allah and to refer to it, as Allah the Exalted said: [An-Nisa: 65], meaning: the Prophet (peace and blessings be upon him), [An-Nisa: 65]. And He the Exalted said: [Al-Ma'idah: 50]. And He the Exalted said: [Al-Ma'idah: 44]. [Al-Ma'idah: 45]... [Al-Ma'idah: 47].
Therefore, it is obligatory to refer to the Shari'ah of Allah. It is not permissible for anyone to judge between tribes by the ruling of Taghut, the ancestors, or the predecessors. It is not permissible to swear by other than Allah, by Master So-and-So, or by the father of So-and-So, or by Prophet So-and-So. Swearing is not permissible except by Allah alone . The Prophet (peace and blessings be upon him) said:Sahih al-Bukhari 2679 And he (peace and blessings be upon him) said: Musnad Ahmad 329Sahih (Darussalam) So, swearing by other than Allah is not permissible, not by the prophets, not by the awliya (close friends of Allah), and not by anyone else.
It is not permissible to appoint the sheikhs of tribes, or specific individuals from any tribe, as judges. All of this is reprehensible, and all of this is not permissible and is invalid. The one who considers it permissible and regards it as a valid matter becomes a disbeliever. We ask Allah for safety from that. Whoever permits a ruling other than that of Allah becomes a disbeliever, even if he says: "The ruling of the Shari'ah is better." If he says that it is permissible to appoint laws, or the opinions of the ancestors, and that they are permissible, then all of this is major shirk (associating partners with Allah), even if he says that the Shari'ah is better and superior. The situations are three:
Sometimes he rules by other than what Allah has revealed and says: It is better than the ruling of Allah.
Sometimes he says: It is like the ruling of Allah.
Sometimes he says: No, the ruling of Allah is better, but this is permissible.
In all three situations, he becomes a disbeliever. We ask Allah for safety from that; because he has permitted a forbidden matter by consensus, contrary to the pure Shari'ah and the explicit texts of the Book and the Sunnah. And whoever makes lawful what Allah has forbidden, and upon which the Muslims have reached consensus, is a disbeliever.
Yes, it is permissible to reconcile people in a way that does not contradict the Shari'ah. If two people dispute over theft or a profit-sharing partnership, and a person reconciles them and they agree, and the reconciler says that this thief will give So-and-So such and such, and they do not go to court, and he gives him what he stole, or adds such and such, and they do not go to court, there is no harm. Or if he asks him for leniency and he is lenient, there is no harm. However, it is not permissible to compel him by the ruling of anyone. It is never permissible to compel anyone by the ruling of any person except by the ruling of the Shari'ah. As for reconciling people by asking him for forgiveness and he forgives, or satisfying him with the money he took from him, or what he robbed from him, or for a blow he struck him with, satisfying him with money or with his status, there is no harm, on the basis of consent only, without compulsion. Yes.
The presenter: May Allah reward you with good.
When a dispute arises between two tribes over a matter of worldly interests, the disputing parties do not refer to the Shari'ah, even if it is according to the ruling of the Shari'ah. Rather, they refer—this is prevalent among all members of both tribes—to what is called the "Mardi," which is a person from a tribe other than the two disputing tribes. This person rules based on what the fathers and grandfathers established. He may even rule by an oath taken at a shrine. For example, if a person is accused of theft and denies it, he swears by Shaykh So-and-So that he did not steal, and five or ten of his relatives or tribe members, chosen by the tribe to which the oath belongs, swear with him. In fact, they swear that their companion is truthful, even if they have seen nothing. What is your opinion, Your Eminence? And what is our position as callers to Allah? If my father is one of those who rule people by these precedents, and I have described his situation, what is the way to advise him, despite the fact that I have advised him more than once? He justified his action by saying that as long as he makes people swear to each other, there is nothing wrong with it. Should I cut off ties with him? And if I cut off ties with him, will I be undutiful to him?
Please inform us. May Allah reward you with good.
Answer:
It is not permissible to refer disputes to other than the Shari'ah of Allah. Rather, it is obligatory to judge by the Shari'ah of Allah and to refer to it, as Allah the Exalted said:
But no, by your Lord, they will not [truly] believe until they make you
فَلا وَرَبِّكَ لا يُؤْمِنُونَ حَتَّى يُحَكِّمُوكَconcerning 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.
فِيمَا شَجَرَ بَيْنَهُمْ ثُمَّ لا يَجِدُوا فِي أَنفُسِهِمْ حَرَجًا مِمَّا قَضَيْتَ وَيُسَلِّمُوا تَسْلِيمًاThen is it the judgement of [the time of] ignorance they desire? But who is better than Allah in judgement for a people who are certain [in faith].
أَفَحُكْمَ الْجَاهِلِيَّةِ يَبْغُونَ وَمَنْ أَحْسَنُ مِنَ اللَّهِ حُكْمًا لِقَوْمٍ يُوقِنُونَAnd whoever does not judge by what Allah has revealed - then it is those who are the disbelievers.
وَمَنْ لَمْ يَحْكُمْ بِمَا أَنزَلَ اللَّهُ فَأُوْلَئِكَ هُمُ الْكَافِرُونَThen those are the wrongdoers
فَأُوْلَئِكَ هُمُ الظَّالِمُونَThen those are the open sinners
فَأُوْلَئِكَ هُمُ الْفَاسِقُونَTherefore, it is obligatory to refer to the Shari'ah of Allah. It is not permissible for anyone to judge between tribes by the ruling of Taghut, the ancestors, or the predecessors. It is not permissible to swear by other than Allah, by Master So-and-So, or by the father of So-and-So, or by Prophet So-and-So. Swearing is not permissible except by Allah alone . The Prophet (peace and blessings be upon him) said:
Whoever has to take an oath should swear by Allah or remain silent.
من كان حالفًا فليحلف بالله أو ليصمتwhoever swears by anything other than Allah has committed an act of shirk.
من حلف بشيء دون الله فقد أشركIt is not permissible to appoint the sheikhs of tribes, or specific individuals from any tribe, as judges. All of this is reprehensible, and all of this is not permissible and is invalid. The one who considers it permissible and regards it as a valid matter becomes a disbeliever. We ask Allah for safety from that. Whoever permits a ruling other than that of Allah becomes a disbeliever, even if he says: "The ruling of the Shari'ah is better." If he says that it is permissible to appoint laws, or the opinions of the ancestors, and that they are permissible, then all of this is major shirk (associating partners with Allah), even if he says that the Shari'ah is better and superior. The situations are three:
Sometimes he rules by other than what Allah has revealed and says: It is better than the ruling of Allah.
Sometimes he says: It is like the ruling of Allah.
Sometimes he says: No, the ruling of Allah is better, but this is permissible.
In all three situations, he becomes a disbeliever. We ask Allah for safety from that; because he has permitted a forbidden matter by consensus, contrary to the pure Shari'ah and the explicit texts of the Book and the Sunnah. And whoever makes lawful what Allah has forbidden, and upon which the Muslims have reached consensus, is a disbeliever.
Yes, it is permissible to reconcile people in a way that does not contradict the Shari'ah. If two people dispute over theft or a profit-sharing partnership, and a person reconciles them and they agree, and the reconciler says that this thief will give So-and-So such and such, and they do not go to court, and he gives him what he stole, or adds such and such, and they do not go to court, there is no harm. Or if he asks him for leniency and he is lenient, there is no harm. However, it is not permissible to compel him by the ruling of anyone. It is never permissible to compel anyone by the ruling of any person except by the ruling of the Shari'ah. As for reconciling people by asking him for forgiveness and he forgives, or satisfying him with the money he took from him, or what he robbed from him, or for a blow he struck him with, satisfying him with money or with his status, there is no harm, on the basis of consent only, without compulsion. Yes.
The presenter: May Allah reward you with good.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.