What is the method for resolving the problem of tribal vengeance and dealing with the disparity in the number of fatalities between two tribes? Is there a legal retribution (qisas) or blood money (diyat) prescribed? How is blood money calculated in the absence of a strong ruler? And is it permissible to seek judgment from a tribal sheikh who takes money in exchange for reconciliation?
The solution to the problem of tribal vendetta begins by seeking its causes and addressing them through legitimate Islamic means, which clarify the sanctity of a Muslim's blood, honor, and property. The solution lies in reconciliation between the two parties, which is permissible as long as it does not contravene Islamic law, based on the Prophet's (peace and blessings be upon him) saying: "Reconciliation is permissible among Muslims, except for a reconciliation that makes a lawful thing unlawful or an unlawful thing lawful. And Muslims are bound by their conditions, except for a condition that makes a lawful thing unlawful or an unlawful thing lawful."
If strife occurs due to an erroneous interpretation (ta'wil), then any life or property destroyed as a result is considered wasted (hadran). However, if there is no such interpretation, then retribution (qisas) is obligatory for the killer. Reconciliation by waiving rights is permissible and is the correct path, in compliance with the Almighty's saying: "And if two factions among the believers should fight, then make settlement between them. But if one of them oppresses the other, then fight against the one that oppresses until it returns to the command of Allah. And if it returns, then make settlement between them in justice and act justly. Indeed, Allah loves those who act justly."
Summarized from the full answer at Ftawy · imported
Read the full answer on Ftawyhttps://ftawy.com/en/questions/67661
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 67661
- Imported
- Translation status
- Source text, unreviewed
- Read the full ruling
- Read the full answer on Ftawy