Elections in Islam
 

The Prophet Muhammad (saw) said, "Islam started as something strange and will again return as something strange. So give glad tidings to the strangers who will revive the Sunnah after it became corrupted."

The resurgence of the Islamic Ummah and her demands to return to the Islamic way of life in all her affairs has become apparent for all the people to witness. This has manifested itself in the revival of Islam as a political Deen, which seeks to implement itself over the affairs of man. In fact, the discussion that Islam is political and the need for Khilafah in order to apply the Islamic rules and laws that have been detailed in the Qur'an and the Sunnah are foregone conclusions. The revival of Islam started as something "strange" in the new secular world order, but it is now whole-heartedly adopted by the Islamic Ummah as her cause.

However, confusions still exist within certain elements of the Islamic Ummah, who, whilst sincere in their efforts and noble in their goals, have failed to understand the error of the path they tread. They cannot distinguish between the elections as a process of determining the consent of the masses in its selection of a ruler and the system of Democracy.

Democracy: The Rule of Man versus the Rule of Allah

Democracy, in principle, means that man has a free hand in determining rules and laws as he pleases, and he is in total control of this i.e. he is the sovereign master of himself. Hence, man can decide to enact a piece of legislation that pleases him. For example, in some Muslim countries (including Indonesia) nightclubs were closed for Ramadhan and reopened after Ramadhan! Or, there is legislation that is still being considered in Bangladesh as to whether to legalise prostitution. In Pakistan it has taken years to decide whether Riba is forbidden! While in the West, they have been having trouble deciding whether to permit homosexual relationships at sixteen or eighteen and whether to have an un-elected chamber that can accept or reject legislation.

In democratic societies, people feel that they have the right to decide whether to accept liberal values, terminate the life of a baby, exterminate populations in 'humanitarian' wars such as Iraq, or severely place a people in hunger such as in Afghanistan. The fundamental principle here is that man possesses the right to legislate and make rules and laws. Individuals are appointed in parliaments and legislative houses to debate, scrutinise and enact law. The basis of legislation is the majority decision of these selected people, who will vote according to their own personal experiences, their party line, their business interests (more often than not) and the like.

This is something that is contradictory to the very foundations of Islam and its basic beliefs. Here, there is a total disregard for Allah (swt) the Sovereign Master, and thus, the only One (swt) that may lawfully determine legislation and rules for the rest of creation. Mankind has no right but to hear and obey the orders of Allah (swt).

In Surah Yusuf we find the ayah, "The right of Rule is solely for Allah." [ Surah Yusuf: 40] This clearly establishes that He (swt) is the sole Legislator. In fact, it is a principle of Aqeedah that Allah (swt) is the source of all of Ahkam (laws).

In Surah al-Maida we find the verse, "and whosoever does not rule by what Allah has revealed then such are the kafireen (disbelievers)." [ Al-Maida: 44]

Ibn Abbas (ra) stated in his Tafsir of this verse that anybody who denies a definitive judgement of Allah (swt) contained in the Shariah is a Kafir. Ibn Jarir at Tabari says that this is agreed upon. Ibn Abbas (ra) went on to say that anyone who says that the Rule of Allah (swt) does not have to be established, then he is a Kafir. The one who says that the rule of man is better than the Rule of Allah (swt) is a Kafir. The one who states that the rules of man are just as good as the Rule of Allah (swt) is a Kafir. He (swt) also said that the one who does not deny Allah's (swt) Hukm, but believes that it is allowed to rule by other than what Allah (swt) has revealed, he is also a Kafir because he is denying that the right of Rule is solely for Allah (swt). This is the case even if he says that the rule of Allah (swt) is better than the rule implemented by man.

However, if someone rules by the rules of Kufr, and does not believe in them, and even hates them, then what he is doing is a major sin. Such a person would have committed Kufr doon Kufr, a Kufr which is less than Kufr. In other words, it is a major sin that is definitely haram, but he is not a Kafir. This is the soundest position in our view, but others have held different positions

Al Hafidh Ibn Katheer (ra) in his tafsir of verse 151 of Surah an-Nisa made reference to the Tartars at his time, "…who put together for them a law book extracted from different laws of the Jews, the Christians and the Deen of Islam. It also contained many rules taken only from their own opinion and desires that later became a system of law followed by the people and given precedence over the Book of Allah (swt) and the Sunnah of his Messenger (saw) so the ruler who does that is a Kafir." Taken from Tafseerul Quran ul Atheeem.

Whilst the position that we adopt is not quite as harsh as that adopted by Ibn Katheer (ra), it makes it clear that any notion of ruling, supporting, or voting for a political party that will endorse the rules or legislation of other than Islam, is clearly haram.

This should be obvious then, that voting or taking part in elections in a democratic system for any of the Kufr parties is something that is at least a major Haram, regardless of the benefit (Maslaha). This conflicts with the very Aqeedah of the Muslim.

Imam Shatibi (ra) said in his al Muwaffaqaat fee Usul al Ahkam volume page 25, "The objective behind the Shariah is to liberate the individual from his desires in order to be a true slave of Allah and that is the legitimate Maslaha (Benefit)…Violating the Shariah under the pretext of following the basic objectives or values (maqasid) of the Shariah is like the one who cares about the spirit without the body, and since the body without the spirit is useless, therefore the spirit without the body is useless too."

Elections

Voting for any political party that is going to work within a democratic framework and voting for or against legislation in a parliament, regardless of the apparent credentials, is haram. As for voting for a secular party in the Western systems, regardless of a noble goal and the correctness of the intention, this is something that contradicts the foundations of what it means to be a Muslim; without a shadow of a doubt, it is Haram.

This does not mean that in principle elections are not permitted. Rather, elections that aim to gain the consent of the Ummah or the representation of the Muslims as a whole, such as in selecting the Majlis of the Ummah (in the legitimate Khilafah), are valid. Furthermore, elections are likely be one of the mechanisms that the Khilafah, whose return is imminent Inshallah, would utilise since it facilitates the expression of the opinion of the masses. Imam Muslim narrates in his Saheeh that when Umar ibn al Khattab (ra), who was then Khaleefah, was returning from an expedition, he overheard the Muslims saying that when Umar (ra) passes away they would appoint such and such. This concerned Umar (ra), so he called for a gathering of all the Muslims, including the Sahabah (ra), in which he stated regarding the one who appoints someone in authority without consulting the Muslims, "kill him and kill the one who he appointed!"

This was something that all the Muslims witnessed; yet, although the permission to spill Muslim blood was granted, they acknowledged the truth of the statement. This demonstrated the Ijma (consensus) of the Sahabah. It clarified the message to the masses that they must select the ruler and not the opinion of a minority faction.

Today, however, we are living without the Khilafah and the right of Muslims in appointing and selecting the Amir of the Mumineen has been taken away. Tyrant rulers have been appointed by the Kuffar who promote the secular democratic and autocratic systems in our land.

We are therefore required to work to establish the Khilafah and give Bayah to a Khaleefah so that this right of selecting the ruler can be returned to the Ummah.

Imam al Ghazali (ra) when writing of the consequences of losing the Khilafah stated, "The Judges are suspended, the wilayaat (authorities) are nullified, … (and) the decrees of those in authority can not be executed and all humans are on the verge of Haram". [al Iqtisad fil Itiqad page 240]

So we ask you, dear Muslims, do seek the Islamic rule regarding voting in a kufr system, and not to follow the nafs (desires). Instead we ask you to wait patiently for the return of the Khilafah that will be a guide to all of humankind, East or West.

"So rule between them by what Allah has revealed and follow not their vain desires, diverging from the truth that has come to you." [ Al-Maida: 49]