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The ruling of Islam on elections in a kufr system?

Answered as per Hanafi Fiqh by Askimam.org

In reference to: http://www.khilafah.com/1421/category.php?DocumentID=1707&TagID=24

Answer

Respected Brother-in-Islam

Assalaamu Alaykum Wa Rahmatullaahi Wa Barakaatuhu

Kindly refer below our reply to similar query.

and Allah Ta’ala Knows Best

Mufti Ebrahim Desai
FATWA DEPT.

The general purport of the article is correct in this that the parliamentary system is one of the kuffaar, and whose principles lie in kufr. It is thus not permissible to be associated with this system.

While the writer’s intentions may be noble, he has however gone overboard. While trying to correct one wrong, he has committed excesses. We take strong issue with declarations 3 and 4.

The Fuqaha are unanimous that one may not declare a person a kaafir until there is absolute proof to this effect. They have mentioned this principle that should a person make a statement that is apparently a statement of kufr, and the statement has a hundred possible interpretations, of which 99 have a clear meaning of kufr, and only one interpretation does not imply kufr, then the person should be given the benefit of the doubt. Hence it will not be permissible to declare such a person a kaafir.

While we may say that Muslims should not be a party to the systems and ways of the kuffaar, in no way can we declare one who participates in this system to be an apostate.

By voting, no one now beliefs that the sovereign right of enacting laws has now been transferred from Allah Ta’ala to any human or that anyone is now a partner unto Allah Ta’ala in this right

While voting entails giving support to the system of the kuffaar, it will be wrong, but does not render one an apostate. Take the example of the most fundamental injunction of the Shariah, i.e. Salaah. One who neglects Salaah cannot be declared an apostate. This is despite the fact that there is no injunction more emphasised than Salaah.

Take into account the implications of this declaration. It implies that all Muslims who at any time voted are no longer Muslims. Their marriages are not valid and the are living in zinaa with their wives. Their children are illegitimate and no one may inherit their wealth upon their demise. It would be waajib upon an Islamic government to execute them.

Now will any person of sound Islamic knowledge be prepared to accept that this is the fate of a person who has voted in kuffaar elections.

The writer has committed great excesses in declaring that the voter and the MP are both apostate.

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