Q: An agreement has been reached by all members (Part No. 21; Page No. 214) of the tribe of
who live in
and are represented
The family of Rajih,
including `Awad ibn Madh`ur2.
The family of Malfy,
including Hammud ibn Mu`alla, Mutlaq ibn Salih, Khalaf ibn Ghubaysh, Salim Shabab, Muhsin Mu`ayfin, Samih Hadyan, Su`ud ibn Muhammad, and Sa`d ibn Muhammad3.
The family of Nasir,
including Safar ibn Matir and `Ayyad ibn Burayk4.
The family of Rajah,
including `Aly ibn Shunayr, Qablan ibn Dawarij, and Khalaf `Ammar5.
The family of `Ammar,
including Ibrahim ibn Falhan and `Aty Fulayh6.
The family of Al-`Arud,
including `Abdullah Munir, Nawwar ibn `Ayid, and Musfar ibn Khalaf,7.
The family of Khunayfis,
including Dasman ibn Shaddad8.
The family of `Ubyan,
including `Ubayd ibn Sulayman9.
The family of Fayid,
including `Abdullah ibn Muslim10.
The family of Ma`in,
including Muhil Bati`They have willingly agreed to abide by the following terms:First, the fine which must be paid is the Diyah (blood money), exclusive of the damages caused to cars or other property.Second, this Diyah must be paid by each member of the tribe who is fourteen years or older or by his guardian in case he is under fourteen, except in the case of car accidents (Part No. 21; Page No. 215) regarding which the Diyah is paid by those who have reached the age of fourteen or older.Third, the person who causes the accident must not have been intoxicated as a result of drinking Khamr (intoxicant) or taking drugs.Fourth, the chief of the tribe must be informed of the accident by the one who has had the accident within a period not more than seven days, so that the chief can act and report the situation to the whole tribe.Fifth, the tribe is committed to pay the Diyah resulting from the accidents as mentioned in the agreement, whether the Diyah is large or small.Sixth, with regard to the accident that takes place within a distance of one thousand kilometers, the chief or his deputy and those whom he chooses go to the place of the accident to settle the problem.Seventh, with regard to the accident that takes place in an area further than one thousand kilometers, the one who has caused the accident has to report it to the chief of the tribe first and then settle the problem by himself if possible. Also, he has to bring the official documents that prove his right. In case he is not able to do so, he should ask the chief of the tribe to come or send a person who can settle the problem. (Part No. 21; Page No. 216) Eighth, no one has the right to act independently regardless of his circumstances without referring to the opinion of the chief of the tribe. The person who acts independently, either by paying a sum of money or standing bail without referring to the tribe, has no right to ask for the tribe's help later on. Even more, he is regarded as negligent and has to incur the consequences of what he has done.Ninth, if a member of the tribe refuses to pay his share of the Diyah, the chief of the tribe and those abiding by the terms of the agreement have the right to raise a complaint against him before the governmental authorities and charge him with the payment of the Diyah, as already agreed upon by the members of the tribe. It should be taken into account that if Allah (Exalted be He) has decreed that the person who refuses to pay his share of the Diyah is involved in an accident, the tribe will not help him in paying the Diyah and he will have to pay it all by himself.Tenth, the chief of the tribe fixes a date for meeting in the house of those who have caused the accident. He then informs all the members of the tribe of that date.Eleventh, according to this agreement, all the members of the tribe must abide by its terms. No one should seek judgment from any other mean; and everyone will have to adhere to what is stated in it.Twelfth, this agreement abrogates and replaces any preceding agreements regarding the points mentioned above.Accordingly, all members signed this agreement. May Allah grant us success.
After reviewing the agreement mentioned above, it has been found that it includes (Part No. 21; Page No. 217)
financial obligations for the members of the tribe. If a member refuses to abide by any of these obligations, a complaint will be raised against him before the governmental authorities to force him to abide by the terms of this agreement. There can be no doubt that forcing people to abide by the terms of such agreements is not permissible, as it is a form of forcing them to abide by what Allah (Exalted be He) and His Messenger have not made obligatory. Also, it is a way to take money from a person without his consent. Abiding by such agreements causes hatred, grudge, and enmity among Muslims. This practice opposes what is called for by Allah's Purified Shar` (Law) that people should love one another and cooperate to do what is good for them all. Thus, Muslims should give up such agreements and never abide by their obligations and terms. May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.