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Fatwa CenterIntervening in reconciliation session to support disputing party
Question
Is it permissible to enter upon a reconciliation session without permission to intervene for the good of one of the disputing parties though the other party refuses and objects to that?
Answer
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad, sallallaahu ‘alayhi wa sallam, is His Slave and Messenger.
Undoubtedly, reconciliation is one of the best good deeds and acts bringing the person nearer to Allaah Almighty, Who Says (what means):
· {No good is there in much of their private conversation, except for those who enjoin charity or that which is right or conciliation between people. And whoever does that seeking means to the approval of Allaah – then We are going to give him a great reward.} [Quran 4:114]
· {The believers are but brothers, so make settlement between your brothers. And fear Allaah that you may receive mercy.} [Quran 49:10]
The Prophet, sallallaahu ‘alayhi wa sallam, said: “May I tell you about (something) better than the reward of fasting, prayer, and charity? They said, 'Yes.' He said, ‘Reconciliation between people, for discord is the shaver (i.e. eliminates faith).’” [Ahmad, Abu Daawood and At-Tirmithi]
Accordingly, intervening to reconcile two people does not need permission after the order of Allaah and the urging of the Prophet, sallallaahu ‘alayhi wa sallam, to do so.
However, intervening to support one side against the other without the approval of both of them is not an act of reconciliation. Rather, it is feared that whoever does so may be included in the dispraise in the Hadeeth of the Prophet, sallallaahu ‘alayhi wa sallam: “…then will come people who like fatness (i.e. eat too much) and give witness before being asked to give witness;” unless the intervening person will give a testimony about something for the good of one of the disputing parties which he does not know.
It is impermissible to enter the specified place for the committee of reconciliation without permission. Allaah Almighty Says (what means): {O you who have believed, do not enter houses other than your own houses until you ascertain welcome and greet their inhabitants. That is best for you; perhaps you will be reminded.* And if you do not find anyone therein, do not enter them until permission has been given you. And if it is said to you, “Go back,” then go back; it is purer for you. And Allaah Is Knowing of what you do.} [Quran 24:27-28]
Intervening in the affairs of such a committee which was approved by both disputing parties may spoil its work and complicate the issue, especially if one of the involved parties does not agree with such intervention or accuses whoever does so of being partial.
It is impermissible to incline to one of the parties against the other because the one who carries out the mission of reconciliation performs a great obligation. He is like a judge who must be impartial and judge justly between the disputing people, in compliance with the verses in which Allaah Almighty Says (what means):
· {so make settlement between your brothers} [Quran 49:10]
· {when you judge between people to judge with justice} [Quran 4:58]
Allaah Knows best.
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