The so-called Malfa to solve tribal disputes involving bloodshed
Q: A misunderstanding may take place between members of a tribe where they get involved into fights and bloodshed. Meanwhile, the Shaykh and seniors of the tribe make what is called
Malfa where they try to reconcile the wronged person and the one who wronged him
and offer one or two sacrificial animals along with some money to the wronged person and his family; should this Malfa be endured by all the tribe members equally or by the wrongdoer only?
If this action is done for reconciling the disputing persons and upon the consent of the wronged person, there will be no harm in it, and its provider and anyone who seeks to help will be rewarded In sha’a-Allah (if Allah wills). However, if this action is taken under pressure; if the wrongdoer refuses he will guilty of infringing the traditions of the tribe, this will be Munkar (that which is unacceptable or disapproved of by Islamic law and Muslims of sound intellect). It will further count as obligating something that Allah has not made obligatory for His Servants; accordingly, it is not permissible. Rather, all disputes and fights should be referred to the Shari`ah (Islamic law-based) Courts, for Allah (Exalted 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.
(Part No. 1; Page No. 397) 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.
May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.