Tribal laws and the call to revive them
Question

                Some of them have published articles calling for the revival of tribal law, saying that this is a heritage which should not be lost and that they should be compiled and studied, that academic studies should be conducted on them comparing them to one another and to other laws. What is the ruling on that?
Praise be to Allah. 
          All Muslims must refer for judgement to the Word of Allaah 
          and the Sunnah of His Messenger Muhammad 
          
          (peace and blessings of Allaah be upon him) in all matters, and not 
          to tribal customs and traditions, or to man-made laws. Allaah says (interpretation 
          of the meaning): 
 
          “And in whatsoever you differ, the decision thereof 
          is with Allaah (He is the ruling Judge).”[al-Shoora 42:10] 
 
          “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”[al-Nisaa’ 
          4:10] 
 
          “Do they then seek the judgement of (the days of) 
          Ignorance? And who is better in judgement than Allaah for a people who 
          have firm Faith”
 
          [al-Maa’idah 5:50] 
 
          “O you who believe! Obey Allaah and obey the Messenger 
          (Muhammad), and those of you (Muslims) who are in authority. (And) if 
          you differ in anything amongst yourselves, refer it to Allaah and His 
          Messenger, if you believe in Allaah and in the Last Day. That is better 
          and more suitable for final determination”[al-Nisaa’ 4:59]
 
          Every Muslim must submit to the ruling of Allaah and 
          His Messenger, and not give precedence to the ruling of anyone other 
          than Allaah and His Messenger – no matter who they may be – over their 
          ruling. Just as worship must be for Allaah alone, so too the hukm 
          (judgement, command) belongs to Him alone, as Allaah says (interpretation 
          of the meaning): 
 
          “The command (or the judgement) is for none but Allaah”
 
          [Yoosuf 12:40]
 
          Referring for judgement to anything other than the Book 
          of Allaah or to anything other than the Sunnah of His Messenger 
          
          (peace and blessings of Allaah be upon him), is one of the gravest of 
          evil actions and one of the worst of sins; indeed, a person may become 
          a kaafir by referring for judgement to anything other than the Book 
          of Allaah and the Sunnah of His Messenger 
          
          (peace and blessings of Allaah be upon him), if he believes that this 
          is permissible or he believes that the ruling of anyone other than Allaah 
          and His Messenger is better. Allaah says (interpretation of the meaning): 
 
          “But no, by your Lord, they can have no Faith, until 
          they make you (O Muhammad) judge in all disputes between them, and find 
          in themselves no resistance against your decisions, and accept (them) 
          with full submission”
 
          [al-Nisa’ 4:65]
 
          He is not a believer who does not refer for judgement 
          to Allaah and His Messenger both in basic matters of religion and in 
          minor issues, and with regard to rights and duties. Whoever refers for 
          judgement to anyone other than Allaah and His Messenger as referred 
          for judgement to Taaghoot (false judges). 
 
          Hence we conclude that it is not permissible to revive 
          tribal laws, customs and systems to which they refer for judgement instead 
          of to the pure sharee’ah which has been prescribed by the Most Just 
          of the Judges and the Most Merciful of those who show mercy. Rather 
          we must bury it, kill it off and turn away from it, and be content to 
          refer for judgement to the laws of Allaah, in which there is good for 
          all people and protection for their religious and worldly affairs. The 
          tribal shaykhs should not judge between the people according to customs 
          which have no basis in Islam and for which Allaah has sent down no authority. 
          Rather they should refer matters concerning which their tribes dispute 
          to the sharee’ah courts. This will by no means prevent reconciliation 
          between disputing parties by removing hatred and uniting people and 
          pleasing both parties without forcing anyone, in a manner that does 
          not go against the sharee’ah, because Allaah says (interpretation of 
          the meaning): 
 
          “and making peace is better”[al-Nisa’ 4:128] 
 
          “There is no good in most of their secret talks save 
          (in) him who orders Sadaqah (charity in Allaah’s Cause), or Ma‘roof 
          (Islamic Monotheism and all the good 
          and righteous deeds which Allaah has ordained), or conciliation between 
          mankind”[al-Nisa’ 4:114] 
 
          “So fear Allaah and adjust all matters of difference 
          among you”
 
          [al-Anfaal 8:1]
 
          And it was narrated that the Messenger of Allaah 
          
          (peace and blessings of Allaah be upon him) said: “Reconciliation among 
          Muslims is permissible, apart from a reconciliation which forbids something 
          that is permitted or permits something that is forbidden.” 
 
          What is obligatory is to adhere to the Book of Allaah 
          and the Sunnah of His Messenger 
          
          (peace and blessings of Allaah be upon him), and to refer to them for 
          judgement, and to beware of anything that goes against them; and we 
          must repent sincerely from anything that has been done in the past which 
          went against the laws of Allaah. 
 
          May Allaah help us all to do that which He loves and 
          which pleases Him; may He grant us all refuge from the misguidance of 
          fitan (tribulation) and the misguidance of the Shaytaan, for He is All-Hearing, 
          Ever Near. May Allaah bless our Prophet Muhammad and his family and 
          companions, and grant them peace.