Fatwa #55717 May 2002United Kingdom
Is it permissible for Muslims to vote for a candidate in the coming kufr (not based on Shar'iah) elections?
Question
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.
Answer
ELECTIONS AND MUSLIMS - AN ISLAMIC PERSPECTIVE%0D%0A%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%0A%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%0A%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%0A%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%0A%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%0A%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%0A%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%0A%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%0A%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%0A%0D%0AAllah Ta'ala says in the Qur'an:%0D%0A%0D%0A[ arabic ]%0D%0A%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%0A%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%0A%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%0A%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%0A%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%0A%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. %0D%0A%0D%0AJamiatul Ulama (Transvaal and Natal)