What is the ruling on one who seeks judgment by laws and tribal customs?
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Question:
Your Eminence, peace be upon you and Allah’s mercy and blessings. I love you for the sake of Allah. Does one who seeks judgment by customary laws and tribal laws have realized the meaning of "La ilaha illa Allah"?
Answer:
The Shaykh: As for love for the sake of Allah, we say: May Allah love you for the sake of which you loved us. Love for the sake of Allah is among the best of the means of drawing near to Him. Mutual love for the sake of Allah is among the causes of entering Paradise, and among the causes that Allah will shade the servant in His shade on the Day when there is no shade except His.
As for seeking judgment by laws and tribal customs, this is a wrong that is not permissible. It is obligatory to seek judgment by the Shari'ah of Allah, as He, the Exalted, said: [Surat al-Nisa: 65].
It is obligatory for all states that claim Islam to seek judgment by the Shari'ah of Allah, and to abandon seeking judgment by laws. And any tribe must return to the judgment of Allah, and not return to their laws, customs, and the practices of their forefathers.
As for reconciliation, there is nothing wrong with it from the perspective of reconciliation, not from the perspective of compulsion. If the Shaykh of the tribe, or one of the members of the tribe, or its notables, reconcile between the disputing parties with a reconciliation that does not contradict the Shari'ah of Allah; by advising this one to drop part of his right, and this one to be lenient about part of his right, and this one to forgive; there is nothing wrong with this. But if they compel him by their laws, which their predecessors followed, compelling him by force; this is not permissible. As for reconciliation by mutual agreement that this one forgives some of the money, or forgives the insult to his brother, or something similar, if they reconcile between them with something; there is nothing wrong with it.
Your Eminence, peace be upon you and Allah’s mercy and blessings. I love you for the sake of Allah. Does one who seeks judgment by customary laws and tribal laws have realized the meaning of "La ilaha illa Allah"?
Answer:
The Shaykh: As for love for the sake of Allah, we say: May Allah love you for the sake of which you loved us. Love for the sake of Allah is among the best of the means of drawing near to Him. Mutual love for the sake of Allah is among the causes of entering Paradise, and among the causes that Allah will shade the servant in His shade on the Day when there is no shade except His.
As for seeking judgment by laws and tribal customs, this is a wrong that is not permissible. It is obligatory to seek judgment by the Shari'ah 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.
فَلَا وَرَبِّكَ لَا يُؤْمِنُونَ حَتَّى يُحَكِّمُوكَ فِيمَا شَجَرَ بَيْنَهُمْ ثُمَّ لَا يَجِدُوا فِي أَنْفُسِهِمْ حَرَجًا مِمَّا قَضَيْتَ وَيُسَلِّمُوا تَسْلِيمًاIt is obligatory for all states that claim Islam to seek judgment by the Shari'ah of Allah, and to abandon seeking judgment by laws. And any tribe must return to the judgment of Allah, and not return to their laws, customs, and the practices of their forefathers.
As for reconciliation, there is nothing wrong with it from the perspective of reconciliation, not from the perspective of compulsion. If the Shaykh of the tribe, or one of the members of the tribe, or its notables, reconcile between the disputing parties with a reconciliation that does not contradict the Shari'ah of Allah; by advising this one to drop part of his right, and this one to be lenient about part of his right, and this one to forgive; there is nothing wrong with this. But if they compel him by their laws, which their predecessors followed, compelling him by force; this is not permissible. As for reconciliation by mutual agreement that this one forgives some of the money, or forgives the insult to his brother, or something similar, if they reconcile between them with something; there is nothing wrong with it.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.