Members of a tribe agreeing to share any blood money
Q: Along with this letter, there is a copy
of the agreement by the members of a tribe to help each other with the payment of blood money, which is known as an agreement of cooperative insurance.
This agreement consists of 15 articles, and I would like Your Eminence to review them to show what is lawful and what is unlawful. In general, is such an agreement permissible?
After considering the agreement mentioned above, it has been found that it includes some financial obligations which each member of the tribe has to fulfill, and illegal punishments that all should abide by. Since this agreement is illegal and sows (Part No. 21; Page No. 240) hatred, grudge, enmity and difference among the members of the same tribe, people should avoid abiding by such agreements that include the obligations mentioned above. This is because Allah's Purified Shar' (Law) aims at Sadd-ul-Dhara'i` (blocking the means leading to sins) that arouse hatred, enmity and difference among Muslims. It is legally established that it is not lawful to take a Muslim's money without his consent. Forcing a Muslim to abide by such financial obligations opposes this Islamic fundamental.May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.