Seeking judgment from tribal customs in disputes


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A: It is obligatory for Muslims to refer their disputes and litigations to the legal courts (Part No. 1; Page No. 386) and stop judging according to the tribal customs and old traditions. Allah (Exalted be He) says, And so judge (you O Muhammad صلى الله عليه وسلم) among them by what Allâh has revealed and follow not their vain desires. He (Glorified and Exalted be He) also says, Do they then seek the judgement of (the days of) Ignorance? And who is better in judgement than Allâh for a people who have firm Faith. He (Glorified be He) says, (And) if you differ in anything amongst yourselves, refer it to Allâh and His Messenger (صلى الله عليه وسلم), if you believe in Allâh and in the Last Day. That is better and more suitable for final determination. Reconciliation between people and settling their disputes are necessary good deeds, but the permissible form of reconciliation does not involve violations of Shari`ah (Islamic law) rules or imposing things on the rejecting party. Also, the litigants accept it willingly without passing particular punishment. This form of reconciliation should help settle disputes and remove hatred. All these are included in Allah's saying, ...and making peace is better. His (Glorified be He) saying, So fear Allâh and adjust all matters of difference among you and His (Glorified and Exalted be He) saying, There is no good in most of their secret talks save (in) him who orders Sadaqah (charity in Allâh’s Cause), or Ma‘rûf (Islâmic Monotheism and all the good and righteous deeds which Allâh has ordained), or conciliation between mankind (Part No. 1; Page No. 387) May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.




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