Question 27: All praise be to Allaah Alone, and peace and blessings be upon His last Prophet.
The Permanent Committee for Scholarly Research and Iftaa’ has read the letter that has been sent to his Eminence, the Grand Muftee from his Eminence the President of the province of Al-Mjardh, under the number (37 / 584) and dated 15/02/ 1420 A. H. Attached to the concerned letter is a question that was submitted by the shaykh of Al Sumayd tribe and transferred to the Committee by the secretariat-general of the Council of Senior Scholars under the number 1423 and dated 25/02/1420 A. H. Such a question reads as follows:
I would like to inform you that Al Sumayd Al-Malha’ tribe made an agreement based on the attached convention,which is dated in 12/08/1408. Then some new matters happened lately with regard to marriage occasions, so that we held another convention of which a copy is attached and we hope that you, may Allaah safeguard you, could raise it to the Grand Mufty of the Saudi Kingdom so that he may issue a Fatwaa’ regarding that issue. May Allaah grant success to all to do whatever He loves and is pleased with. Verily, He is the All-Hearer, the One Who responds to Du`aa’ (Supplication). May Allaah safeguard you and peace be upon you. Written in 14/2/1420 A.H.
Answer: Firstly: What is mentioned in the first three paragraphs to the effect that a financial fine is to be taken from whoever does so and so is impermissible. This is because such a fine is a financial discretionary punishment which is stated by people who do not have the Shar`y (Islamic legal) capacity to do so. Rather, such a punishment is to be decided only by judges. Accordingly, it is Wajib (obligatory) to abandon these fines... read more here.