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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

Is it permissible for the person who wants to travel from the United Arab Emirates to Jordan during the day in Ramadan to break his fast before leaving his country; knowing that he had embarked on journey half an hour after dawn?

Praise be to Allah the Lord of the Worlds.

The person who made the intention to embark on journey after dawn must observe fast for that day, because it became an obligation on him before engaging on journey. However, if he experienced unbearable hardship while on travel, then he is permitted to break his fast, but he must make up for the missed day. And Allah The Almighty Knows Best.

My mother inherited a share from my late father`s and brother`s property; however, the inheritance, a piece of land, wasn`t divided amongst the eligible heirs because it was hard to sell. While alive, she used say that she wanted these shares to be distributed amongst the poor and needy. What is the ruling of Sharia on this?

All perfect praise be to Allah, the Lord of the worlds, and may His Peace and Blessings be upon our Prophet Muhammad and upon all of his family and companions.
This is a will, so we have to consider the estate she had left behind. If the piece of land, which she had willed, equals one third and less of her estate, then the will must be executed. But, if it is more than one third, then one third must be executed and the rest of the estate, if the heirs agreed, is to be executed  as part of her will as well. However, if the heirs haven`t approved of that, then what remains, excluding that one third, must be divided amongst them according to the Islamic rules of inheritance. Moreover, we recommend that you pay a visit to the Iftaa` Department to make things clearer for you. And Allah The Almighty Knows Best.

An Arab young man had an illegitimate sexual relationship with a Christian American while she was staying in one of the Arab countries. After she returned to America, she told him that she had doubts that she was impregnated by him. It is worth pointing that it is hard for him to get a visa to the USA. What is the ruling of Sharia on this?

All perfect praise be to Allah the Lord of the Worlds. May His peace and blessings be upon our Prophet Mohammad and upon all his family and companions.
Zina (Adultery and extramarital relations) is one of the grave sins that incur the wrath of Allah if the adulterer didn`t make immediate repentance. However, the child isn`t attributed to the adulterer. Rather, he/she is attributed to the woman who got pregnant by him and, according to Sharia, it isn`t considered a legitimate child of the adulterer. And Allah The Almighty Knows Best.

It was found out that a man divorced his wife for the third time in 2005, but they continued cohabiting as man and wife. However, when they realized that what they were doing was unlawful, they came the Iftaa` Department in 2009 and were told that they can`t be together. What is the position of Sharia on this couple?

All perfect praise be to Allah the Lord of the Worlds. May His peace and blessings be upon Prophet Mohammad and upon all his family and companions.
Her Iddah* period starts after the third divorce. As for the continued cohabitation, it is unlawful because being ignorant about the rulings of Sharia while in Dar Al-Islam* is no valid excuse. If a baby came as the fruit of this unlawful consummation of marriage, then a judge of Sharia has the final say in this regard because lineage is a serious matter. And Allah The Almighty Knows Best.
* ʿIddah: a specified period of time that must elapse before a Muslim widow or divorcee may legitimately remarry. The Qurʾān (2:228) prescribes that a menstruating woman have three monthly periods before contracting a new marriage; the required delay for a nonmenstruating woman is three lunar months.
* Dar Al-Islam: designates a territory where Muslims are free to practice their religion, though this often implies the implementation of Islamic law, whereas Dar al-Harb represents those lands ruled by non-believers