Some brothers hold following opinion: Legislation is right of Allah and is not to be delegated to anyone other than a Caliph in Islamic State. Failure to safeguard this right of Allah (Hakim) by voting for someone else to make the law, is tantamount to Shirk as we are appointing someone other than Allah or His Khalifa to rule. Although, we are not endorsing the kufr laws made by the kufr candidate or his party, and we are not ascribing with him any of the attributes of Allah directly, da act of voting imitates a sense of worship in the field of Siy?asa, hence it is shirk, regardless of any apparent benefits such ?less evil? compared to other candidates. i.e) it has been forbidden to bow down in front of people for respect ? due to the fact that it merely imitates worship, even though ones intention is not to worship but to show respect. Even if all candidates are corrupt but there is one which less corrupt, then it is still haram, due to the fact that the element of shirk will still remain in the vote. One should speak out and forbid the evils of all the candidates and remain firm and steadfast, rather than give into the easier option of choosing the ?lesser of the various evils?. Da concept of choosing the ?lesser of two evils? can only be allowed in situations where the person is compelled to choose at least one candidate. However, in countries e.g. UK, this force does not exist, therefore in such free circumstances, it is forbidden to vote for candidate in kufr elections.
ELECTIONS AND MUSLIMS – AN ISLAMIC PERSPECTIVE
An Islamic perspective Before we embark on the issue of whether Muslims will
be permitted or not to vote in the forthcoming General Elections, it would
be appropriate to bring the significance of voting in the light of Shariah
to the fore:-
The Significance Of Voting In The Light Of The Shariah
The elections should not be considered lightly as merely a game or a worldly
pursuit wherein someone wins and someone loses. It should not be perceived
as being a vic- tory or loss in terms of worldly and material gain alone.
Beneath all this machinery and mechanism of the voting and electoral process
there is also the spiritual aspect of either abiding by or transgressing the
Divine Laws Of Shapiah.
In the light of Shariah, casting of votes bears the hallmark of very
important responsibilities viz:
I. Voting as a form of testimony (Giving Shahadah):
Firstly, voting is a testimonial. By voting for a certain candidate or
party, the voters are indirectly testifying to the credibility of that
candidate or party. We, as voters, would be certifying that the party in
whose favour we are casting our votes is capable of delivering the goods in
as far as Islamic values and ideas are concerned. That party will endeavour
and fight for the preservation and survival of our Islamic Beliefs, Laws,
Norms and Values. It will not interfere with our Beliefs and Places of
Worship. It will give us the freedom and right to implement rulings and
judgements in religious issues in accordance with Muslim Personal Law. It
will uphold Islamic values such as eradicating oppression and fostering good
character, peace and harmony among the people.
II. Choosing ‘Lesser of two evils ‘ if confronted with a choice:
As we are in a unique situation where all the parties are non-Islamic and
secular parties will not be able to guarantee all our Islamic requirements
and demands in their entirety. It would be naive to expect that Perhaps,
some party will oblige by guaranteeing most of them, in which case the voter
could then opt for a decision less detrimental to Deen. Rasulullah
(Sallallaahu Álayhi Wasallam) has said.
[ Arabic text ]
Translation: He who is confronted with two crucial decisions, should opt for
the decision that is less detrimental [Kashful-khina Lil-Ajlooni vol 2, 322
and Asraarul-Mar-fooaah, Mulla Ali Qari 323).
III. Voting for a party less capable of fulfilling the rights of Muslims is
a breach of trust (Amanah):
Since seeing that voting is a testimony (giving Shahadah) and being aware
that a particular party will be more willing to fulfil our Islamic rights,
not to vote for this party will he tantamount to transgression and breach of
trust in the eyes of Shariah. Voting for a party that is less sympathetic to
the Islamic cause would not only mean giving false evidence (which is a
sin), but it could also mean becoming an instrument and tool of ensuing
havoc, and corruption caused by that party in as far as the complete
disregard of Islamic values and ideas is concerned.
IV. Voting and bribery (Rishwah):
One should also take cognisance of the fact that it has virtually become a
norm of the elections-albeit a corrupted norm that in order to woo voters,
parties tend to offer bribes in exchange for votes. Such bribery should be
rejected with the contempt it deserves. Voting should he based on total
integrity and sincerity wherein priority should he given to upholding the
torch of Islam. The honour and dignity of the Muslims should he maintained
at all times. The Deenul-Islam entrusted to us by Allah Ta’ala should be
viewed not only as a boon but also as an awsome responsibility; hence
extreme caution and diligence should be exercised in keeping its prestige
aloft. One cannot surrender ones Islamic ethics for the sake of pittance of
the Dunya. Rasulullah (Sallallaahu Álayhi Wasallam) has warned us in a
Hadith that a time will come when a Muslim will sell his Deen for a few
coppers. Hence, if a Muslim exercises his right of voting, he should do so
keeping the consequences of the Hereafter in mind and not regard it as
something to he done impromptu merely because it is a custom of the times or
because ulterior motives can he achieved thereby.
V. Voting as a form of intercession (Shafaat):
Another aspect attached to voting is that it is a form of intercession. In
other words, the voter intercedes for a certain party to come into a
position where it can wield its power to acquire religious and other basic
rights for the masses. Regarding intercession the Qur’an declares:
[ Arabic text ]
Translation: Whosoever intercedes with a good intercession, his shall be a
portion there-from and whosoever intercedes an ill intercession his shall be
a responsibility thereof.” (Al Qur’an 4:85)
The ideal intercession in an electoral process would be to intercede on
behalf of the party deemed most likely to safeguard Islamic rights in
particular and human rights in general. Incorrect and misleading
intercession would mean voting and interceding for a party that would be
unsympathetic to the tenets and requirements of Islam. For instance, it
would not be permissible to vote for a party that shows complete
indifference to Islamic Personal Law or/and clings to the now medieval
policy of discrimination on the basis of colour and race; as such policies
and doctrines are in total conflict with Islamic teachings. Interceding for
such a party would mean becoming a tool of oppression and injustice.
VI. Voting must not be an aid to injustice:
Allah Ta’ala says in the Qur’an:
[ arabic ]
Translation: “And assist one another in acts of righteousness and piety and
do not assist one another in act of transgression and sin.” (Al-Qur’an 5:2)
[ arabic ]
Translation: “I do not wish to be an aid to the wrong-doers.” (Al-Qur’an
28:17).
Commenting on the latter verse Allamah Qurtabi rahmatullahi alaih writes in
his tafseer:
[ arabic ]
Translation: “Ataa rahmtiillahi alaih has said regarding this verse that it
is not permissible to render any assistance to a tyrant and an oppressor.”
Allamah Ourtabi rahmatullahi alaih further goes on to quote a Hadith in
which Rasulullah (Sallallaahu Álayhi Wasallam) has said: ‘Whosoever walks
with an oppressed person in order to assist him with his problems, Allah
Ta’aala will, on the Day of Qiyamah keep the feet of such a person firm on
the Pul-Siraat while the feet of others will be faltering. On the other
hand, he who walks with an oppressor in order to assist him in promoting
acts of injustice, Allah Ta’aala will cause his feet to falter on the
Pul-Siraat on the Day when other feet will also falter.’ After quoting this
Hadith, Allamah Ourtabi rahmatiulaahi alaih sums up:
Merely walking (or talking and negotiating for that matter) with an
oppressor is not in itself a crime and sin (especially when the motive is
to steer the oppressor away from4 acts of oppression); but it becomes a sin
when one begins to assist him in spreading oppression and tyranny because
this constitutes a flagrant violation.”‘(Tafseer-e-Qurtabi Vol 7, 4979).
In a Hadith Rasulullah (Sallallaahu Álayhi Wasallam) has sounded a grave
warning with regard to oppression:-
[ arabic ]
Translation:- “Whoever oppresses his brother (in this Dunya), whether it be
in the form of usurping someone’s wealth or in any other manner, he should
compensate and make up for that; before a Day comes (the Day of Qiyamah)
when there will be no Dirham or Dinaar (money) at his disposal with which to
redeem himself There compensation will materialise in the form of righteous
deeds being taken from the oppressor (in proportion to the injustice
perpetrated) and given. If perchance the oppressor has no good deeds to his
credit, then the oppressed person’s sins will be taken and thrown onto the
oppressor. (Sahih Bukhari; Mishkaat p.4351]
VII Voting as a form of representation:
Voting is also attached to the principle of representation. By voting for a
certain party, one is in essence appointing that party as a representative
for one’s Islamic and human rights. Here too, extreme caution has to be
exercised. Only that party should be considered eligible for representation
that can strive for the implementation of our Islamic rights. Incorrect
representation will ultimately lead to corruption and depravity will not he
confined to mere individuals, but will have a broader effect on the Muslim
community as a whole.
VIII. Voting as a form of consultation (Mashwarah):
Shura means to give counsel. Thus a prospective voter is offering his
suggestion as to who, in his opinion is the most entitled to receive the
vote.
Jamiatul Ulama (Transvaal and Natal)