Q 3: Do those who seek judgment from positive and tribal laws fulfill the true meaning of La ilaha illa Allah (there is no deity but Allah)?
A: It is not permissible to resort to tribal laws and traditions for judgment, as it is Munkar (unacceptable by Islamic law). It is our duty, as Muslims, to seek judgment from Shari`ah (Islamic law). Allah (Glorified be He) says:
But no, by your Lord, they can have no Faith, until they make you (O Muhammad ﺻﻠﻰ ﺍﷲ ﻋﻠﻴﻪ ﻭﺳﻠﻢ) judge in all disputes between them, and find in themselves no resistance against your decisions, and accept (them) with full submission.
Moreover, all Muslim countries should adopt the Shari`ah and discard positive laws. Similarly, all tribes must judge according to the rulings of Allah (Exalted be He) and not according to their own traditions, practices and tribal laws.
Conciliation is acceptable provided that it is not bound with tribal laws. A chieftain or any prominent figure in the tribe can reconcile people in a way that does not contradict the Shari`ah. They can advise one of the disputants to give up their right, be tolerant or forgive the other and there is no harm in that. However, it is not permissible to bind the disputants with ancient tribal laws and customs. What is permissible is to reach an acceptable agreement when reconciling people, by asking one to give up their right, forgive the other or the like. There is no harm in that, as Allah (Exalted be He) says: "...and making peace is better." In addition, the Prophet (peace be upon him) said,
"Making peace among Muslims is permissible, except if it makes lawful what is unlawful and unlawful what is lawful."