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The Participation in Elections is a Trust and a Constitutional Right
Author : The General Iftaa` Department
Date Added : 11-11-2020

 

The Participation in Elections is a Trust and a Constitutional Right

 

Participating in parliamentary elections is legitimate, in addition to being a constitutional right, a national duty and a trust, which a citizen should preserve and deliver properly. It is also a testimony for which he/she will be called to account before Almighty Allah since He Says (What means): "Their testimony will be recorded and they will be questioned." [Al-Zukhruf/19].

 

A voter should be keen on electing the strong and trusty candidate because Allah Says (What means): "Said one of the (damsels): "O my (dear) father! engage him on wages: truly the best of men for thee to employ is the (man) who is strong and trusty...." [Al-Qasas/26]. Consequently, whoever votes for a non-eligible candidate betrays the trust of Allah and His Messenger and misappropriates knowingly things entrusted to him/her. This is attested to in the verse where Allah Says (What means): "O ye that believe! betray not the trust of God and the Apostle, nor misappropriate knowingly things entrusted to you." [Al-Anfal/27]. 

Members of parliament who have these traits are expected to perform the duties for which they are elected.

 

Elections provide a legitimate way for the people to elect members of parliament (MPs) and it is one of the Shura mechanisms acknowledged by Sharia, as indicated by extensive evidence from the Quran and the Prophetic Sunnah. Not only that, but the companions had applied this mechanism at the beginning of the history of Islam. Earlier, members of parliament used to be known as "Urafa" (Headmen). The Prophet (PBUH) used to check with them about people`s opinions on public issues where he (PBUH) used to say: "Go back so that your 'Urafa' may submit your decision to us." [Bukhari].

 

We also remind everyone to follow the health directives in terms of wearing masks, keeping social distance during the electoral process, and following other protective measures to preserve lives and safety of everyone because it was narrated from Ibn 'Abbas that the Messenger of Allah (PBUH) said: "There should be neither harming nor reciprocating harm."

 

 

 

 

 

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Summarized Fatawaa

A man wishes to offer more than one uḍḥiyah (sacrificial offering), and intends by these sacrifices "on behalf of everyone whom Allah and His Messenger love." Is this intention valid?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
The uḍḥiyah (sacrificial offering) is not valid with this intention, because if the sacrificial animal is from sheep or goats, it suffices for one person only; and if it is from cattle or camels, it suffices for seven persons.
However, one may sacrifice it on his own behalf, and then gift the equivalent of its reward to whomever he wishes.
Imam ar-Ramlī (raḥimahullāh) says: "Ash-Shāfi‘ī (raḍiyallāhu ‘anh) said: It is within the vastness of Allah's bounty, the Exalted, that He rewards the one giving charity as well. From this, the scholars of the madhhab said: it is recommended for a person to intend the charity on behalf of his parents, for example — for Allah, the Exalted, will reward them, without this diminishing his own reward in any way." He then relates, as the relied-upon position, the permissibility of saying: "O Allah, convey the reward of what I have recited specifically to so-and-so, and to the Muslims generally." Az-Zarkashī said: "For reward varies in degree — its highest form is what one designates specifically, and its lowest form is what one dedicates generally [alongside others]." [End of quote from Nihāyat al-Muḥtāj]. And Allah, the Exalted, knows best.

What is the ruling on someone who eats or drinks thinking that the night is still present, then realizes that dawn has broken?

Whoever eats or drinks thinking that the night is still present, then later discovers that dawn has broken, must refrain from eating and drinking for the rest of the day out of respect for the sacred month. However, they must make up that day after Ramadan, and there is no sin upon them.

What is the ruling on wiping over socks?

It is not permissible to wipe over most common socks today because the conditions for wiping are not met. The concession was reported for wiping over leather socks (khuff) and socks (jowrab) with conditions: They must be thick, not allowing poured water to penetrate, enable one to walk in them, be worn while in a state of purity (from ablution), cover the entire foot up to the ankles (meaning covering the protruding ankle bones), and not be torn. And Allah the Almighty knows best.

What is the ruling of Islamic Law on a fictitious marriage for the purpose of obtaining citizenship?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
There is no such thing in our noble sharīʿah as a "nominal" or "fictitious" marriage or divorce. Marriage and divorce are among the sacred ordinances of Allah, and it is not permissible to manipulate them or use them as a stratagem to obtain worldly gains.
The foundational purpose of a marriage contract is the permanence and continuity of the relationship between the spouses — to establish a family, and to bring forth righteous offspring. So sacred is this bond that Allah the Almighty Himself described it as a solemn covenant (mīthāq ghalīẓ), saying {what means}: "And if you wish to replace one wife with another and you have given one of them a great amount of wealth, do not take any of it back. Would you take it in injustice and manifest sin? And how could you take it while you have gone in unto each other and they have taken from you a solemn covenant?" [Al-Nisāʾ/ 20–21]
Accordingly, it is not permissible to resort to manipulation and deception in contracts that Allah, Mighty and Majestic, has described as a "solemn covenant" — all for the sake of material and worldly benefit. Marriage is built upon permanence and does not admit of a fixed time limit. If a time limit is stipulated in the contract, the contract is rendered invalid by the consensus of the jurists. Similarly, marriage is impermissible when there exists a mutual, concealed intention to limit its duration — even if no time limit is explicitly mentioned in the contract — for this constitutes a form of unlawful circumvention of the sharīʿah. This is to say nothing of the lying and deception that such conduct involves, the prohibition of which needs no elaboration. Lying, deception, and fraud for the purpose of obtaining worldly gains are among the gravest of sins.
If, however, the marriage contract is first concluded in a valid sharʿī manner and then registered civilly, it is sound and fully valid. And Allah the Almighty knows best.