Question:
It was mentioned in a fatwa of yours regarding the rulings of Arab customs and settlements that they are impermissible. However, what is the solution for such cases, which tribes have grown accustomed to and consider as reconciliation, especially since they act as a deterrent against transgression?
We seek your clarification on this matter, may Allah prolong your life. It would really be beneficial to convene a meeting of tribal elders to explain this process? Peace be upon you.
Answer:
This is a question that contains some ambiguity. What was stated in our fatwa and in the letters we wrote to the tribes— should be read aloud to the tribal elders—emphasizes urging them to adhere to the rulings of Allah and to be cautious of the laws, customs, and traditions they follow that contradict Islamic Sharia. Any form of reconciliation that aligns with Islamic Sharia is acceptable, but anything that contradicts it requires caution and prohibition to avoid opposing the pure Sharia of Allah.
These laws and customs inherited from ancestors and the traditions some people rely on must be evaluated in light of the Quran and Sunnah. Whatever aligns with the Quran and Sunnah is accepted, and whatever does not must be rejected and the people must be advised against it.
If their practices and customs do not contradict Sharia—for instance, if they approach the aggrieved party seeking consent for reconciliation and offer compensation, either personally or through tribal contributions, to prevent discord between them—such as in cases of assault, murder of a child, or killing of a sibling and so on—if they reconcile by presenting something that satisfies the aggrieved party (like money or collective contributions from the tribe) or prepare a meal and invite the tribe, including the aggrieved party, to appease and seek forgiveness, then such practices have no issue.
What is concerning are those practices and reconciliations that contravene the purified Sharia. If the custom or settlement is conducted in a way that is not approved by Islamic Sharia, then such practices from tribal traditions and old customs of the elders must be prohibited.
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Taken from Shaykh Abd al-Aziz Ibn Baz.
