What is the ruling on the conditions which are imposed by the Arab tribes in regard with the Diya (blood money)? Are they identical to the Islamic rules, or they are only common traditions?

Answer

Praise Be to Allah and Peace Be Upon His Messenger.

Initially, the tribal judiciary refers to common traditions which are accepted and welcomed among people. It has been accepted as the prescribed punishments are not being applied. In addition, the rules which are issued by the tribal judiciary are applicable. People refer to this system to punish the criminal and to make the victim’s family satisfied. The rules which are issued by this system are usually final. There are no compromises.

The rules which are usually issued are either applicable with our Islamic law; thus they are accepted. Or they could be contradicting with Islamic rules; thus, they must be rejected. Allah says: “But no, by your Lord, they can have no Faith, until they make you (O Muhammad) judge in all disputes between them, and find in themselves no resistance against your decisions, and accept (them) with full submission.” An-Nisa’: 65

Since there are many discrepancies between what the Islamic law states and what the tribal judiciary states, the Palestinian Verdict Council prefer referring to the Islamic law. Allah says: “Have you not seen those (hypocrites) who claim that they believe in that which has been sent down to you, and that which was sent down before you? They wish to go for judgement (in their disputes) to the Ṭāghūt(3) (false judges) while they have been ordered to reject them. But Shaiṭān (Satan) wishes to lead them far astray.” An-Nisa’: 60. And He says: “Do they then seek the judgement of (the days of) Ignorance?( And who is better in judgement than Allah for a people who have firm Faith.” Al-Mai’dah: 50

Some differences between the Islamic law and the tribal judiciary:

1. Islamic law does not force the family or the tribe of the criminal to share in paying the Diya as Allah says: “And no bearer of burdens shall bear another’s burden.” Fatir: 18.  however, the tribal judiciary does.
2. Generally, the punishments stated and issued by the tribal judiciary do not go along with the crimes.
3. The judge who is appointed in courts are very well-educated. They know every details in regards with crimes and punishments. However, the spokesman who adopt solving the conflicts may not have that high education; on the contrary, they might get that role as part of inheritance.

Actually, there are other differences which support the Palestinian Verdict Council.