From `Abdul`Aziz ibn Baz to whoever reads it from among the Muslims; may Allah help me and them to realize AlHaqq (the Truth) and follow it.
A ssalamu `alaykum warahmatullah wabarakatuh (May Allah's Peace, Mercy, and Blessings be upon you!)
The reason for writing this article is to answer some questions that have been asked by one of our sincere brothers in the Kingdom. He says that in his tribe, and in some other tribes, there are bad tribal customs for which Allah has not sent down any authority, for example:
Leaving the Book of Allah and the Sunnah (whatever is reported from the Prophet) and referring to tribal customs and ignorant traditions for judgment and concealment of testimony, refraining from bearing witness and even committing perjury out of tribal loyalty. There are other reasons that may lead some people to go against Allah's Purified Shar` (Law).
Because of our duty to be sincere towards Allah and His Servants, I say and Allah is the One Who grants success: Muslims are obliged to refer for judgment to the Book of Allah and the Sunnah of His Messenger (peace be upon him) in all things, and not to manmade laws or tribal customs. Allah (Exalted be He) says:
Have you not seen those (hypocrites) who claim that they believe in that which has been sent down to you, and that which was sent down before you, and they wish to go for judgement (in their disputes) to the Tâghût (false judges) while they have been ordered to reject them. But Shaitân (Satan) wishes to lead them far astray.
Allah (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. No Muslim should give precedence to the rule of anyone other than Allah over the rule of Allah and His Messenger, no matter who they are. Just as worship is for Allah alone, so is judgment or decision. Allah (Glorified be He) says: The decision is only for Allâh Referring for judgment to anything other than the Book of Allah or the Sunnah of His Messenger (peace be upon him) is one of the greatest evils and the most abhorrent bad deeds, but as to whether the one who does that is a Kafir (disbeliever), that is subject to further discussion. Allah (Exalted 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.
Thus, there is no Iman (Faith) for a person who does not refer for judgment to Allah and His Messenger (peace be upon him) with regard to the principles of Din (religion) and its subsidiary matters and with regard to disputes concerning rights and duties. Whoever refers for judgment to anything other than Allah and His Messenger has referred for judgment to Taghut (false gods).
Thus, the tribal leaders must not judge among the people according to tribal customs that have no basis in Islam and for which Allah has not sent down any authority. Rather, they must refer any disputes among their tribes to Shari`ah courts. There is no objection to reconciling between disputants in ways that do not go against Allah's Purified Shar`, as long as they consent to that and there is no compulsion, because the Prophet (peace be upon him) said: Reconciliation between Muslims is permissible except the reconciliation which makes what is lawful unlawful and what is unlawful lawful. All tribes should not agree to anything but the rule of Allah and His Messenger.
Regarding testimony, it is Haram (prohibited) for a person to conceal it as long as they can bear witness, because Allah (Exalted be He) says: And the witnesses should not refuse when they are called (for evidence).
Allah (Exalted be He) also says: And conceal not the evidence for he, who hides it, surely his heart is sinful. Thus, it is obligatory to give a correct testimony whenever it is required, because it is a means to establish justice and AlHaqq. On the other hand, concealing it is a grave sin because it leads to the loss of rights, wronging others, and is a sort of cooperating in sin and transgression.
Just as it is Haram to conceal testimony, it is also Haram to bear false witness for whatever reason. In fact, bearing false witness is a major sin. Allah (Exalted be He) says: So shun the abomination (worshipping) of idol, and shun lying speech (false statements) The Messenger of Allah (peace be upon him) said: Should I inform you of the gravest major sin? We said: Yes, O Allah's Messenger! He said: To associate others in worship with Allah and to be undutiful to one's parents. The Prophet (peace be upon him) then sat up after he had been reclining (on a pillow) and said: And I warn you against bearing a false witness, and I warn you against bearing a false witness. (Agreed upon by AlBukhari and Muslim).
Accordingly, concealing testimony is Haram as well as bearing false witness. In fact, they are major sins as proven by Ayahs (Qur'anic verses) and Sahih Hadiths (authentic Hadith) reported from the Messenger of Allah (peace be upon him).
Those who practice bad customs and regard them as good ones should fear Allah and abide by the Qur'an and the Sunnah. Moreover, they must beware of anything that goes against Shari`ah and repent to Allah (Glorified and Exalted be He) from opposing Allah's Shar`ah. They are required to refer their disputes to Shari`ah courts and judges
in their countries to apply the rule of Allah and enforce the Shari`ah; they must not refer to any other rule but this.
May Allah guide us all to that which He loves and pleases Him! May He protect all of us from the delusive trials and the incitement of Satan, for He is indeed AllHearer, Ever Near! May peace and blessings be upon our Prophet and Imam, Muhammad, and upon his family and Companions! Assalamu `alaykum warahmatullah wabarakatuh!