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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 to offer an Udhiyah on behalf of the deceased?

In the Name of Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
 
Offering an Udhiyah (sacrificial animal) on behalf of a deceased person is permissible. This is the official position of the Hanbali school (as stated in Kashshaf al-Qina’ by al-Bahuti,Vol.6/P.428) and was also upheld by the prominent Shafi'i scholar Al-’Abbadi (mentioned in Bidayat al-Muhtaj by Ibn Qadi Shuhbah,Vol. 4/P.358). It has likewise been narrated as a valid view among some Maliki and Hanafi scholars.
 
In fact, Imam Abu Dawud dedicated an entire chapter in his Sunan collection entitled, "Chapter on Sacrificing on Behalf of the Deceased." In it, he recorded a narration from Hanash, who said: "I saw 'Ali sacrificing two rams, so I asked him, 'What is this?' He replied, 'The Messenger of Allah (peace and blessings be upon him) commanded me to offer a sacrifice on his behalf, so I am sacrificing on his behalf.'"
 
Imam Abu Dawud also narrated from Jabir (may Allah be pleased with him) that the Prophet (peace and blessings be upon him) said: "O Allah, this is from You, for You, and on behalf of Muhammad and his Ummah (community). In the Name of Allah, and Allah is the Greatest," and he then slaughtered the animal.
 
The textual evidence here lies in the fact that our Master, the Prophet (peace and blessings be upon him), offered a sacrifice on behalf of his entire community—and it is well-established that his community includes those who have already passed away.
 
Furthermore, there is an abundance of sacred texts demonstrating that the rewards of righteous deeds reach the deceased. For instance, it is permissible to fast on behalf of a deceased person who passed away with missed obligatory fasts, and it is equally permissible to perform Hajj on their behalf, both of which are firmly established in authentic Hadiths. Therefore, if the reward of fasting (which is a purely physical act of worship) and Hajj (which is a joint physical and financial act of worship) can reach the deceased, then the reward of an Udhiyah reaches them with greater reason (by way of A Fortiori argument). This is because it is a purely financial act of worship, falling under the general category of charity (Sadaqah).
 
Additionally, scholars have reached a consensus (Ijma') that the rewards of charity reach the deceased, and since the Udhiyah is inherently an act of charity, it falls under the same ruling. Consequently, based on all the aforementioned evidence, we hold the view that offering a sacrifice on behalf of the deceased is entirely permissible. And Allah the Almighty Knows Best.

What is the ruling on selling sacrificial animals (udhiyah) described with specific attributes and authorizing an agent to slaughter them?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
Selling sacrificial animals (udhiyah) that are described with specific attributes is permissible. This falls under the category of a salam sale (forward sale) if conducted using the terminology of salam, and under the category of a regular sale if not using the terminology of salam.
 
As for authorizing the seller to slaughter the sacrificial animal, the basic principle is that it is permissible, because the agent (wakil) stands in the place of the principal (muwakkil) in achieving his objective. This is a contract that the principal (the buyer) is entitled to perform himself, so authorizing another (the seller) to do so on his behalf is valid.
 
However, it is a condition for authorization to slaughter that the intention (niyyah) is present either at the time of slaughter or at the time of handing over the sacrificial animal to the agent. The basic principle is that the sacrificial animal must be specifically designated, as it is an act of worship. It is not required to designate it at the time of slaughter; rather, it is valid to do so before that.
 
It is permissible for the principal either to delegate the intention to the agent or to formulate it himself when authorizing the agent to slaughter. However, the sacrificial animal must be designated, even if at the time of slaughter, by the agent.
 
It is obligatory to designate the sacrificial animals so that each person offering a sacrifice receives his own specific animal. Therefore, charitable organizations and companies must take this into consideration and establish a specific mechanism that ensures no mixing of sacrificial animals occurs, so that each person offering a sacrifice receives his own designated animal. And Allah Almighty knows best.

What is Tarawih prayer?

Tarawih prayer is the night prayer (Qiyam) performed during the month of Ramadan. It is called "Tarawih" because Muslims used to prolong the standing (qiyam) in it and take brief rests after every four rak‘ahs.

Is it permissible to agree with a butcher to purchase the meat of an animal after it has been slaughtered — for instance, by buying the meat of a sheep at a price determined by the weight of its meat following slaughter, at a fixed rate per kilogram? And what is the ruling if the animal is being purchased with the intention of it being an uḍḥiyyah (sacrificial offering)?

 
 
 
 
 

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
It is not permissible to sell livestock in the manner of pricing each kilogram of meat after slaughter at a fixed rate, because the meat within the animal prior to slaughter is unseen and unknown. This leads to jahālah (ignorance of the subject matter) and gharar (contractual uncertainty), both of which are among the invalidating factors in sales transactions.
However, it is permissible for the buyer to issue a promise to purchase the meat of the animal after slaughter at a specified price per kilogram, with the actual sale being concluded at the time of weighing the meat — at which point both the quantity of the goods and the total price become known. There is no Sharī'ah objection to this arrangement.
The jurists have stipulated that for a sale to be valid, both countervalues must be present and observable. Al-Khaṭīb al-Shirbīnī, may Allah have mercy upon him, states:
"It is valid to sell a heap of grain whose total measure is unknown to both contracting parties at a rate of one sā' per dirham. This sale is valid because the subject of sale is present and observable, and ignorance of the total price is not harmful since it is known in detail — and uncertainty is thereby lifted."— [Mughnī al-Muḥtāj, Vol.2/P.355]
As for the uḍḥiyyah, the 'aqīqah, and vowed blood sacrifices (al-dam al-mandhūr) — full ownership of the animal must be established prior to slaughter. It is not valid for such animals to be slaughtered while still in the ownership of the butcher. Rather, the animal must be purchased alive and then slaughtered with the intention of uḍḥiyyah or the like. And Allah Almighty knows best.