Fatwa #14983 November 2000Pakistan
Elections, voting, and Muslims - an Islamic Perspective
Answer
ELECTIONS AND MUSLIMS - AN ISLAMIC PERSPECTIVE%0D%0AAn Islamic perspective Before we embark on the issue of whether Muslims will%0D%0Abe permitted or not to vote in the forthcoming General Elections, it would%0D%0Abe appropriate to bring the significance of voting in the light of Shariah%0D%0Ato the fore:-%0D%0A%0D%0AThe Significance Of Voting In The Light Of The Shariah%0D%0AThe elections should not be considered lightly as merely a game or a worldly%0D%0Apursuit wherein someone wins and someone loses. It should not be perceived%0D%0Aas being a vic- tory or loss in terms of worldly and material gain alone.%0D%0ABeneath all this machinery and mechanism of the voting and electoral process%0D%0Athere is also the spiritual aspect of either abiding by or transgressing the%0D%0ADivine Laws Of Shapiah.%0D%0A%0D%0AIn the light of Shariah, casting of votes bears the hallmark of very%0D%0Aimportant responsibilities viz:%0D%0A%0D%0AI. Voting as a form of testimony (Giving Shahadah):%0D%0AFirstly, voting is a testimonial. By voting for a certain candidate or%0D%0Aparty, the voters are indirectly testifying to the credibility of that%0D%0Acandidate or party. We, as voters, would be certifying that the party in%0D%0Awhose favour we are casting our votes is capable of delivering the goods in%0D%0Aas far as Islamic values and ideas are concerned. That party will endeavour%0D%0Aand fight for the preservation and survival of our Islamic Beliefs, Laws,%0D%0ANorms and Values. It will not interfere with our Beliefs and Places of%0D%0AWorship. It will give us the freedom and right to implement rulings and%0D%0Ajudgements in religious issues in accordance with Muslim Personal Law. It%0D%0Awill uphold Islamic values such as eradicating oppression and fostering good%0D%0Acharacter, peace and harmony among the people.%0D%0A%0D%0AII. Choosing 'Lesser of two evils ' if confronted with a choice:%0D%0AAs we are in a unique situation where all the parties are non-Islamic and%0D%0Asecular parties will not be able to guarantee all our Islamic requirements%0D%0Aand demands in their entirety. It would be naive to expect that Perhaps,%0D%0Asome party will oblige by guaranteeing most of them, in which case the voter%0D%0Acould then opt for a decision less detrimental to Deen. Rasulullah%0D%0A(Sallallaahu %C1layhi Wasallam) has said.%0D%0A%0D%0A[ Arabic text ]%0D%0ATranslation: He who is confronted with two crucial decisions, should opt for%0D%0Athe decision that is less detrimental [Kashful-khina Lil-Ajlooni vol 2, 322%0D%0Aand Asraarul-Mar-fooaah, Mulla Ali Qari 323).%0D%0A%0D%0AIII. Voting for a party less capable of fulfilling the rights of Muslims is%0D%0Aa breach of trust (Amanah):%0D%0ASince seeing that voting is a testimony (giving Shahadah) and being aware%0D%0Athat a particular party will be more willing to fulfil our Islamic rights,%0D%0Anot to vote for this party will he tantamount to transgression and breach of%0D%0Atrust in the eyes of Shariah. Voting for a party that is less sympathetic to%0D%0Athe Islamic cause would not only mean giving false evidence (which is a%0D%0Asin), but it could also mean becoming an instrument and tool of ensuing%0D%0Ahavoc, and corruption caused by that party in as far as the complete%0D%0Adisregard of Islamic values and ideas is concerned.%0D%0A%0D%0AIV. Voting and bribery (Rishwah):%0D%0AOne should also take cognisance of the fact that it has virtually become a%0D%0Anorm of the elections-albeit a corrupted norm that in order to woo voters,%0D%0Aparties tend to offer bribes in exchange for votes. Such bribery should be%0D%0Arejected with the contempt it deserves. Voting should he based on total%0D%0Aintegrity and sincerity wherein priority should he given to upholding the%0D%0Atorch of Islam. The honour and dignity of the Muslims should he maintained%0D%0Aat all times. The Deenul-Islam entrusted to us by Allah Ta'ala should be%0D%0Aviewed not only as a boon but also as an awsome responsibility; hence%0D%0Aextreme caution and diligence should be exercised in keeping its prestige%0D%0Aaloft. One cannot surrender ones Islamic ethics for the sake of pittance of%0D%0Athe Dunya. Rasulullah (Sallallaahu %C1layhi Wasallam) has warned us in a%0D%0AHadith that a time will come when a Muslim will sell his Deen for a few%0D%0Acoppers. Hence, if a Muslim exercises his right of voting, he should do so%0D%0Akeeping the consequences of the Hereafter in mind and not regard it as%0D%0Asomething to he done impromptu merely because it is a custom of the times or%0D%0Abecause ulterior motives can he achieved thereby.%0D%0A%0D%0AV. Voting as a form of intercession (Shafaat):%0D%0AAnother aspect attached to voting is that it is a form of intercession. In%0D%0Aother words, the voter intercedes for a certain party to come into a%0D%0Aposition where it can wield its power to acquire religious and other basic%0D%0Arights for the masses. Regarding intercession the Qur'an declares:%0D%0A%0D%0A[ Arabic text ]%0D%0ATranslation: Whosoever intercedes with a good intercession, his shall be a%0D%0Aportion there-from and whosoever intercedes an ill intercession his shall be%0D%0Aa responsibility thereof." (Al Qur'an 4:85)%0D%0A%0D%0AThe ideal intercession in an electoral process would be to intercede on%0D%0Abehalf of the party deemed most likely to safeguard Islamic rights in%0D%0Aparticular and human rights in general. Incorrect and misleading%0D%0Aintercession would mean voting and interceding for a party that would be%0D%0Aunsympathetic to the tenets and requirements of Islam. For instance, it%0D%0Awould not be permissible to vote for a party that shows complete%0D%0Aindifference to Islamic Personal Law or%2Fand clings to the now medieval%0D%0Apolicy of discrimination on the basis of colour and race; as such policies%0D%0Aand doctrines are in total conflict with Islamic teachings. Interceding for%0D%0Asuch a party would mean becoming a tool of oppression and injustice.%0D%0A%0D%0AVI. Voting must not be an aid to injustice:%0D%0AAllah Ta'ala says in the Qur'an:%0D%0A%0D%0A[ arabic ]%0D%0ATranslation: "And assist one another in acts of righteousness and piety and%0D%0Ado not assist one another in act of transgression and sin." (Al-Qur'an 5:2)%0D%0A%0D%0A[ arabic ]%0D%0ATranslation: "I do not wish to be an aid to the wrong-doers." (Al-Qur'an%0D%0A28:17).%0D%0A%0D%0ACommenting on the latter verse Allamah Qurtabi rahmatullahi alaih writes in%0D%0Ahis tafseer:%0D%0A%0D%0A[ arabic ]%0D%0ATranslation: "Ataa rahmtiillahi alaih has said regarding this verse that it%0D%0Ais not permissible to render any assistance to a tyrant and an oppressor."%0D%0AAllamah Ourtabi rahmatullahi alaih further goes on to quote a Hadith in%0D%0Awhich Rasulullah (Sallallaahu %C1layhi Wasallam) has said: 'Whosoever walks%0D%0Awith an oppressed person in order to assist him with his problems, Allah%0D%0ATa'aala will, on the Day of Qiyamah keep the feet of such a person firm on%0D%0Athe Pul-Siraat while the feet of others will be faltering. On the other%0D%0Ahand, he who walks with an oppressor in order to assist him in promoting%0D%0Aacts of injustice, Allah Ta'aala will cause his feet to falter on the%0D%0APul-Siraat on the Day when other feet will also falter.' After quoting this%0D%0AHadith, Allamah Ourtabi rahmatiulaahi alaih sums up:%0D%0A%0D%0AMerely walking (or talking and negotiating for that matter) with an%0D%0Aoppressor is not in itself a crime and sin (especially when the motive is%0D%0Ato steer the oppressor away from4 acts of oppression); but it becomes a sin%0D%0Awhen one begins to assist him in spreading oppression and tyranny because%0D%0Athis constitutes a flagrant violation."'(Tafseer-e-Qurtabi Vol 7, 4979).%0D%0A%0D%0AIn a Hadith Rasulullah (Sallallaahu %C1layhi Wasallam) has sounded a grave%0D%0Awarning with regard to oppression:-%0D%0A%0D%0A[ arabic ]%0D%0ATranslation:- "Whoever oppresses his brother (in this Dunya), whether it be%0D%0Ain the form of usurping someone's wealth or in any other manner, he should%0D%0Acompensate and make up for that; before a Day comes (the Day of Qiyamah)%0D%0Awhen there will be no Dirham or Dinaar (money) at his disposal with which to%0D%0Aredeem himself There compensation will materialise in the form of righteous%0D%0Adeeds being taken from the oppressor (in proportion to the injustice%0D%0Aperpetrated) and given. If perchance the oppressor has no good deeds to his%0D%0Acredit, then the oppressed person's sins will be taken and thrown onto the%0D%0Aoppressor. (Sahih Bukhari; Mishkaat p.4351]%0D%0A%0D%0AVII Voting as a form of representation:%0D%0AVoting is also attached to the principle of representation. By voting for a%0D%0Acertain party, one is in essence appointing that party as a representative%0D%0Afor one's Islamic and human rights. Here too, extreme caution has to be%0D%0Aexercised. Only that party should be considered eligible for representation%0D%0Athat can strive for the implementation of our Islamic rights. Incorrect%0D%0Arepresentation will ultimately lead to corruption and depravity will not he%0D%0Aconfined to mere individuals, but will have a broader effect on the Muslim%0D%0Acommunity as a whole.%0D%0A%0D%0AVIII. Voting as a form of consultation (Mashwarah):%0D%0AShura means to give counsel. Thus a prospective voter is offering his%0D%0Asuggestion as to who, in his opinion is the most entitled to receive the%0D%0Avote. After having understood the significance of voting in the light of the%0D%0AShariah we now come to the pertinent issue of whether a Muslim will be%0D%0Aallowed to vote in the forthcoming General Elections.%0D%0A%0D%0AJamiatul Ulama (Transvaal and Natal)