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Representing the People in the Parliament is a Responsibility, the Vote is a Trust, and Buying the Voter`s Will is Forbidden according to Islamic Law
Author : The General Iftaa' Department
Date Added : 18-08-2024

Elections are a legitimate means of selecting representatives of the nation, oversee the government, and enact laws to serve the citizens and advance their interests. In this way, elections embody one of the mechanisms of the principle of consultation (Shura) established by Islamic law.

The responsibility of a candidate before Allah is a significant one. They should feel the weight of this responsibility and understand its importance, which will help them fulfill their duties with honesty and sincerity for the benefit of the nation and the community. Allah Says (what means): "Indeed, We offered the trust to the heavens, the earth, and the mountains, but they refused to bear it and were afraid of it. But man undertook it. Indeed, he was unjust and ignorant." [Al-Ahzab/72].

Therefore, it is forbidden for a candidate to influence the voters' decisions by offering money, bribes, or any other form of inducement, whether under the guise of gifts, assistance, charity, or meals. Abdullah ibn Amr reported that the Prophet Muhammad (peace be upon him) said: "Allah has cursed the one who pays the bribe and the one who accepts it." [Abu Dawood].

Casting a vote is also a significant responsibility that should be carried out with integrity and sincerity. Voters should be aware that they will be held accountable for this trust before Allah. Allah Says (What means): "Their testimony will be recorded, and they will be questioned." [Az-Zukhruf/19].

To clear one's responsibility before Allah, the nation, and the country in the best possible manner, a voter must adhere to two key principles:

First: To choose the fittest and best candidate for the job. This requires selecting a candidate who is strong in knowledge and expertise and trustworthy regarding the interests of the country and its people. Allah Says (What means): "Indeed, the best one you can hire is the strong and the trustworthy" [Al-Qasas/28]. This is why the Prophet Muhammad (peace be upon him) excused Abu Dharr (may Allah be pleased with him) when he asked for a position of authority, saying: "O Abu Dharr, you are weak, and it is an entrusted duty. On the Day of Resurrection, it will be a source of disgrace and regret, except for those who take it on with its rights and fulfill their obligations in it." [Moslim].

Second: The voter should cast their vote freely and according to what their religion and conscience dictate, without being influenced by gifts, bribes, or biases. Voting is a form of testimony, and it should not be subject to sale, bargaining, or flattery. Any money received in exchange for one's vote is unlawful and will be held accountable for before Allah. Allah Says (What means): "O you who have believed, do not consume one another's wealth unjustly or send it [in bribery] to the rulers in order that [they might] consume a portion of the wealth of the people in sin, while you know [it is unlawful]" [An-Nisa`/29].

Since voting in parliamentary elections is a trust, a Muslim should uphold it and perform it correctly. It is also a testimony for which one will be held accountable before Allah. Allah Says (What means): "Their testimony will be recorded, and they will be questioned" [Az-Zukhruf/19]. Therefore, it is forbidden for a voter to accept any money or gifts, in exchange for their vote or testimony, from any candidate. This is to protect the trust and prevent unsuitable individuals from reaching positions of power. The Prophet Muhammad (peace be upon him) said: "When trust is lost, then wait for the Hour." They asked, "How will trust be lost, O Messenger of Allah?" He said: "When authority is given to those who do not deserve it, then wait for the Hour" [Bukhari]. How can a candidate who engages in such practices be trusted with the nation's affairs and resources?

As for compelling people to swear an oath to vote for a specific candidate, this is not permissible in Islamic law, neither for the one swearing the oath nor for the one compelling them. Moreover, swearing oaths for this purpose is not sanctioned. Allah says {what means}: 'Do not make Allah’s name an excuse for your oaths to prevent you from being righteous, fearing Allah, and making peace among people. And Allah is Knowing and Wise' [Al-Baqarah, 224].

In addition, if someone swears an oath to vote for a person who does not have the required qualifications for the role, they should not adhere to that oath because it is both a mistake and a sin. Instead, they should make expiation for their oath and vote for the one who is more suitable for both their religion and worldly affairs. Abu Huraira reported that the Prophet Muhammad (peace be upon him) said: "Whoever swears an oath and then sees something better, let him go with what is better and make expiation for his oath" [Moslim].

In conclusion, participating in elections and voting is permissible, and it should be accompanied by raising awareness among people about the importance of electing those who safeguard the interests of the citizens and the country, and who protect the nation's resources. And Allah The Almighty Knows Best.

 

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Summarized Fatawaa

Is the Saying "Whatever is Taken by the Sword of Shyness is Forbidden" an Authentic Ḥadīth?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
The saying "Whatever is taken by the sword of shyness is forbidden" is not an authentic ḥadīth, though its underlying meaning is sound. The established sharʿī principle is that a Muslim's wealth is not lawful for anyone to take except with his wholehearted consent, as Allah the Almighty says {what means}: "O you who have believed, do not consume one another's wealth unjustly, but only [in lawful] business by mutual consent." [Al-Nisā/ 29] And the Messenger of Allah ﷺ said: "Listen to me and you will live well: do not wrong others, do not wrong others, do not wrong others. Indeed, a man's wealth is not lawful except with his full, willing consent." (Reported by Aḥmad in his Musnad.) Whatever is taken through the pressure of shyness or social embarrassment runs directly counter to genuine, wholehearted consent.
The jurists have explicitly stated that whatever is taken by means of the "sword of shyness" carries the same ruling as that which is taken by coercion — it must be returned to its rightful owner.
Ibn Ḥajar al-Haytamī, may Allah have mercy upon him, states in al-Fatāwā al-Kubrā (Vol.3/P.30): "Do you not see the reported scholarly consensus that whoever has something taken from him purely out of shyness, without his genuine consent, does not pass ownership of it to the one who took it? They reasoned that this constitutes a form of coercion through the 'sword of shyness,' comparable to coercion at the point of an actual sword. Indeed, many people would rather submit to the literal sword and endure the pain of its wound than submit to this first kind of coercion, out of fear for their dignity and standing — which people of sound judgment hold dear and guard most fiercely." And Allah the Almighty knows best.

What is incumbent upon the one offering the sacrifice if, after slaughtering the animal, they discover that one of its internal organs is damaged or diseased?

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
 
The presence of disease or defect in the internal organs of a sheep does not affect the validity of the sacrificial animal, unless the disease leads to the animal becoming emaciated and its meat becoming corrupted.
 
It is stated in al-Iqnā' (2/590) by Imam al-Shirbīnī: "The third disqualifying condition: an animal with a manifest illness — meaning one whose illness visibly results in emaciation and corruption of its meat. However, if the illness is minor and does not produce such effects, it doesn`t affect the validity of the sacrificed animal." And Allah Almighty knows best.

What is the ruling on purchasing sacrificial animals and authorizing their slaughter via telephone?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
It is preferable for the one offering a sacrifice (udhiyah) to slaughter the animal himself, in adherence to the Sunnah, or to be present at the slaughter if possible.
 
It is valid to authorize a butcher to purchase a sacrificial animal on his behalf and slaughter it, regardless of whether the animal is owned by the butcher or the butcher is acting as an agent in its sale—according to the Hanbali school—provided that the butcher specifically designates and purchases the animal for the person offering the sacrifice before slaughtering it. And Allah Almighty knows best.

Which takes precedence: the 'aqīqah or the uḍḥiyyah?

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
The 'aqīqah is an act of worship through which a servant draws closer to Allah the Almighty in gratitude for the blessing of a newborn child. It is a confirmed Sunnah for those who are financially capable, and Allah does not burden any soul beyond what it can bear.
However, the uḍḥiyyah takes precedence, as it is a confirmed Sunnah established from the Prophet ﷺ through stronger and more numerous narrations — indeed, the Ḥanafī scholars hold it to be obligatory. Furthermore, its time is narrow and limited, expiring with the passing of the days of Eid, whereas the 'aqīqah may be delayed until one becomes financially capable of performing it.
And Allah Almighty knows best.

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