The Ruling on Al-Burhah or Al-'Itamah
Question :
When an argument or a disagreement takes place between two or three persons, or more whatever it was about the village Elder or the Shaikh of the tribe comes to examine the case of disagreement. After all aspects of the case have been examined, the cause of the argument has been ascertained, and the one who is mistaken has been identified, they compel the one guilty of the greater wrong to slaughter two or three animals, or sometimes more. Then the other person, the one who was guilty of a lesser wrong, is obliged to slaughter one animal.
In addition the two disputing parties would give him some other things. Each of disputing parties undertakes the slaughter which he was ordered to do and the community and the judges who ruled in the matter come to eat it. Whether the disputing parties are poor or wealthy, there is no escape for them from these rulings. This custom is called Al-Burhah or Al-'Itamah, and in most cases, they do not contact the government departments there in order to resolve their disputes.
But the thing which I want to know is the ruling on customs such as these, whether they are permitted or not. Is the one who does these things included in the meaning of the words of the Prophet ﷺ:
"Allah cursed the one who slaughters for other than Allah."
or not, bearing in mind that he slaughters and spills blood in order to please a person or persons, and to please the chief or chiefs of the tribe? I request you to advise me on this.
Answer:
Appointing an arbitrator in disputes is correct and proper.
This is done in order to verify the error of the person in the wrong, to give the one against whom he transgressed his rights, to resolve the differences between the two sides, and to judge in disputes in accordance with the truth brought by the Law of Islam, as ordained by the Book (of Allah) and the Sunnah. Allah, Most High says:
"And if two parties (or groups) among the believers fall to fighting. then make peace between them both. But if one of them outrages against the other, then fight you (all) against the one that which outrages till it complies with the Command of Allah. Then if it complies, then make reconciliation between them justly, and be equitable. Verily, Allah loves those who are the equitable."
and He says:
"There is no good in most of their secret talks save (in) him who orders Sadaqah (charity in Allah's Cause), or Ma'rüf (Islamic Monotheism and all the good and righteous deeds which Allah has ordained), or conciliation between mankind; and he who does this, seeking the good Pleasure of Allah, We shall give him a great reward."
As for the animals which are slaughtered by the two disputing parties upon the successful conclusion of a dispute - whether they are few or many if it is an act of charity by those who slaughter them, out of thanks to Allah for the amicable settlement of the dispute and the return of the serenity and brotherhood which existed before, then it is good. In fact Islamic Law advocates it. It is included in the generality of the evidences which encourage good deeds, and giving thanks for blessings. The Companions, like Ka'b bin Malik, may Allah be pleased with them, used to do this.
This is the case, as long as it is not taken as a custom which is made compulsory like the obligatory acts prescribed at certain times and in a certain manner, or, as long as a person does not exceed his financial ability and cause himself difficulties.
Otherwise, it is forbidden.
If the one who makes the judgement and reconciliation forces the two sides, giving them no alternative such that if those who are forced to implement it refuse, it would be considered something shameful, and the arbitration might fail, and the judgement might collapse, returning the dispute to its previous state, or worse then this is a judgement which Allah has not permitted. Unless it is done as a punishment for the transgressor or the person in the wrong, in accordance with the degree of the transgression or the wrong he committed, or to discipline him and to placate those against whom he transgressed. This is permissible according to those among the scholars of Figh who permit financial penalties. In this case and the fine is legally deposited in the treasury, or any of the charitable institutes according to the opinion of the two judges. In this case the person is not forced to slaughter them for the two judges and those who attend the reconciliation meeting.
The ruling of these sacrifices is not that of those who slaughter to draw closer to someone, whose animals are slaughtered for other than Allah, such as idols and beside the graves of the righteous, or for the jinn, in order to draw closer to them, or to request them to fulfill some need or repel some harm or attract some benefit. It only falls into the category of the forbidden. because it is a religious innovation, and implementation of legislation which Allah has not permitted. It is more accurate to include it in the meaning of the Words of Allah, Most High:
"They (Jews and Christians) took their rabbis and their monks to be their lords besides Allah (by obeying them in things that they made lawful or unlawful according to their own desires without being ordered by Allah).
than to include it in the meaning of the Hadith:
"Allah cursed the one who slaughters for other than Allah."
Even though both of these actions are forms of misguidance and falsehood.
And Allah is the Granter of success. May peace and blessings be upon our Prophet, Muhammad and upon his family and Companions.
Source:
The Permanent Committee.
Fatawa Islamiyah, Vol. 6 Pages 292-293-294-295-296
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