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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

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 (Sura,2/verse,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

Is it permissible for a woman to visit the doctor while in her `Iddah (waiting period)?

It is permissible for her to do that during day time, but it is impermissible for her to leave her house at night except for a sound reason. And Allah Knows Best.

What is the best manner in distributing the meat of the Aqeeqah?

It is better to divide all of it as cooked meat amongst the poor and the needy. Dividing it into three portions is a Sunnah, but it is permissible to keep all of it provided that a portion, even a small one, is given to the poor and needy (one kilo for example).

What is the best charity to offer on behalf of the deceased? Is it giving food, reciting Quran, giving money or supplicating? What is the best charity to offer on behalf of dead father and dead husband? What is the best continuous charity to offer on behalf of the deceased?

Praise be to Allah the Lord of the Worlds. The deceased benefits from every righteous deed offered on his/her behalf, be that continuous charity, reciting Quran or a pious son praying for him/her. However, the best righteous deed is performing Haj and Omrah on their behalf especially if he/she hadn`t performed that ritual for it remains a debt on them. The evidence on this is that Ibn 'Abbas (Allah be pleased with them) reported: A man came to the Messenger of Allah (PBUH) and said: "Messenger of Allah, my mother has died (in a state) that she had to observe fasts of a month (of Ramadan). Should I complete (them) on her behalf? Thereupon he (the Holy Prophet) said: Would you not pay the debt if your mother had died (without paying it)? He said: Yes. He (the Holy Prophet) said: The debt of Allah deserves more that it should be paid."{Related by Muslim}. And Allah the Almighty knows best.