Refer their disputes and litigations

Q: We are representatives of the tribes Al Wa'ilah in Tihamah `Asir and we look into some cases to restrain some of the members of the tribes and to alleviate problems. They are as follows:1. Al-Ladhah (Seeking help): When two persons have a dispute over something, and the wronged person claims his right, the wrongdoer asks a third person to mediate and prevent the wronged person from claiming his right. The mediator asks the wronged person not to claim his right. If he claims his right once more, the mediator gives twelve sheep to the wrongdoer then accompanies the wronged person to the chief of the tribe who in turn obliges the wronged person to give twelve sheep to the mediator. In this way, instead of taking back his right, the wronged person is forced to give twelve sheep just for claiming his right.2. Justice: If a person stabs or fires at someone, both the wrongdoer and the wronged go to the chief of the tribe (Part No. 1; Page No. 388

A: The customs and tribal conventions mentioned in the question are judgments that befit the Pre-Islamic period and it is not permissible to resort to or accept them for settling people's disputes. Muslims everywhere have to seek the rule of Islamic Shari`ah and abandon other laws according to the Saying of Allah (Exalted be He), And so judge (you O Muhammad صلى الله عليه وسلم) among them by what Allâh has revealed and follow not their vain desires and the Saying of Allah (Glorified be He), (Part No. 1; Page No. 389) (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. And His Saying, 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.