Articles

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

What is the ruling on someone who is uncertain whether he omitted one of the ab‘āḍ of the prayer, such as being uncertain whether he omitted the first tashahhud?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
The ab‘āḍ include the middle tashahhud and the qunūt in Fajr prayer — for which sujūd as-sahw (the prostration of forgetfulness) is prescribed if left out. Whoever is uncertain, during the prayer, whether he omitted one of these elements, should proceed on the assumption that he did not perform it, and should perform sujūd as-sahw accordingly.
It is stated in ‘Umdat as-Sālik (p. 63): "If he is uncertain... whether he omitted a specific ab‘āḍ element, or whether he performed sujūd as-sahw, or whether he prayed three or four rak‘ahs — he proceeds on the assumption that he did not do it, and performs sujūd as-sahw."
The original principle (al-aṣl) for someone uncertain about [having performed] the first tashahhud is that he assumes he did not perform it. And Allah, the Exalted, knows best.

What is the ruling on forgiving a tenant next month's rent, with the intention of counting it toward zakāh al-māl?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
It does not fulfill the obligation to count the rent owed on a house, or a portion of it, in lieu of zakāh. Rather, it is necessary to first transfer ownership of the zakāh amount to the poor person directly; only afterward may he be asked to pay the rent [from that money].
It is stated in ‘Umdat as-Sālik (p. 112): "If someone gives [money] to a poor person, stipulating that the recipient return it to him in payment of a debt owed to him, or says, 'I am making what you owe me into zakāh, so take it [as such]' — this is not valid. But if he gives it to him with the [unstated] intention that the recipient will use it to repay him, or says, 'Repay what you owe me, so that I may [then separately] give it to you as zakāh,' or the debtor himself says, 'Give it to me, so that I may [then] repay you with it' — this is valid, and there is no binding obligation for the recipient to actually fulfill this [informal understanding]."
We would also remind [the reader] of the ḥadīth of the Prophet ﷺ: "The Muslim is the brother of the Muslim: he does not wrong him, nor does he abandon him [to harm]. Whoever attends to the needs of his brother, Allah, the Mighty and Majestic, will attend to his needs. Whoever relieves a Muslim of a hardship, Allah, the Mighty and Majestic, will relieve him of one of the hardships of the Day of Resurrection. And whoever conceals [the faults of] a Muslim, Allah will conceal him on the Day of Resurrection." (Agreed upon). And Allah, the Exalted, knows best.

What should someone do if they fasted for only 28 days in their country and then traveled to a place where Eid has already been declared?

If a person fasts in their country and then travels to another country where Eid has been declared, they must celebrate Eid with the people of that country.
● If their total fasts add up to 29 days, nothing is required of them.
● However, if they have only fasted 28 days, they must make up one day after Eid, because an Islamic month cannot be only 28 days.

Is the marriage, which lacks a valid legal contract, a guardian, and a court registration, valid?

It is incumbent that a valid marriage contract be concluded in the presence of a guardian and two trustful witnesses, and it should be registered in the court to protect the rights of the wife. Actually, a valid marriage contract is what differentiates between sound marriage and fornication.