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A Statement on the Responsibility of both the Voter and the Candidate
Author : The General Iftaa` Department
Date Added : 21-02-2023

 

All perfect praise be to Allah The Lord of The Worlds. May Allah`s Peace and Blessings be upon our Prophet Mohammad and upon all his family and companions.

 

Parliamentary elections are a legitimate means of selecting MPs who represent the nation, act on its behalf in overseeing the performance of the government, and enact laws to serve citizens and advance their interests hence represent one of the mechanisms of the Shura (Consultation) rule established by Sharia (Islamic Law).

 

The candidate's responsibility Before Allah is a great one, so he/she must sense its weight and realize its importance to be able to deliver it honestly and sincerely for the good of the country and nation. Allah The Almighty Says {What means}: "We did indeed offer the Trust to the Heavens and the Earth and the Mountains; but they refused to undertake it, being afraid thereof: but man undertook it;- He was indeed unjust and foolish." {Al-Ahzab/72}.

 

It is forbidden for a candidate to influence the will of the voters through money and bribes. Narrated 'Abdullah bin 'Amr bin Al-Aas (May Allah Be Pleased with him): "Allah's Messenger (PBUH) cursed the one who bribes and the one who takes bribes." [Reported by Abu Dawood].

 

Similarly, casting a vote is also a great responsibility, which a voter should deliver honestly and sincerely while realizing that he/she will be held accountable for it before Almighty Allah on the Day of Judgment. Allah The Almighty Says {What means}: "And they make into females angels who themselves serve God. Did they witness their creation? Their evidence will be recorded, and they will be called to account!" {Az-Zukhruf/23}.

In order for the voter to be cleared from liability before Allah and perform this great obligation (Voting) to the fullest, two things has to be done:

 

First: choosing the fittest candidate to deliver this great mission, namely the best in terms of knowledge and specialty and the most trusted over the interests of the country and citizens. Abu Dharr told that he asked Allah's Messenger to make him a governor, but he struck him on his shoulder with his hand and said: "You are weak, Abu Dharr, and it is a trust which will be a cause of shame and regret on the day of resurrection except for him who undertakes it as it ought to be undertaken and fulfils his duty in it." {Transmitted by Muslim}.

 

Second: the voter shall freely cast his/her vote, as dictated by his/her religion and conscience, without being influenced by gifts or donations because casting a vote is tantamount to casting a testimony. Therefore, this testimony isn`t for sale or bargain, and such money is unlawful and the voter who takes it will be held to account for it on the Day of Judgment. Allah The Almighty Says {What means}: "O ye who believe! Eat not up your property among yourselves in vanities." {An-Nisaa`/29}.

This is also dishonesty and mischief on the earth. Narrated Abu Huraira: Allah's Messenger (PBUH) said: "When honesty is lost, then wait for the Hour." It was asked, "How will honesty be lost, O Allah's Messenger (PBUH?" He said: "When authority is given to those who do not deserve it, then wait for the Hour." {Transmitted by Bukhari}.

 

In addition, making the voter take an oath to cast his/her vote in favor of a certain candidate is impermissible for the former and the latter, and it isn`t allowed for anyone to force voters to do so, and oaths weren`t legislated for this in the first place. Allah The Almighty Says {What means}: "And make not God’s (name) an excuse in your oaths against doing good, or acting rightly, or making peace between persons; for God is One Who heareth and knoweth all things." {Al-Baqarah/224}.

 

One who has taken such an oath should atone it and elect the fittest for this life and the next. I heard the Messenger of Allah (PBUH) say: "He who has taken an oath (to do something) but found something else better than that (which brings him closer to Allah), then he should do that which is better in piety (and he should expiate for the breaking an Oath)." [Muslim].

 

We ask Almighty Allah to Guide us to the straight path and Help us do what is good of our country and nation. Peace and blessings to you.

 

 

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Summarized Fatawaa

My father has debts and asked me to repay them years ago, and I promised him I would do so upon his death — is it permissible for me to go back on my promise given that I am unable to repay them, especially since he refuses to contribute to repayment on the grounds that the debt has become my responsibility by virtue of my promise?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
The established principle is that a father's debt is to be repaid from his own wealth, if he possesses sufficient means. As for the promise made by the son to repay it on his father's behalf, fulfilling such a promise is strongly recommended, and breaking it is considerably disliked. Shaykh al-Islām Imām al-Nawawī, may Allah have mercy upon him, states: "Fulfilling a promise is emphatically recommended, and breaking it is severely disliked. The evidences for this from the Qurʾān and the Sunnah are well known." [Rawḍat al-Ṭālibīn,Vol. 2/P.278] Shaykh al-Islām Imām Zakariyyā al-Anṣārī, may Allah have mercy upon him, further states: "The reason fulfilling a promise is not obligatory and breaking it is not forbidden is that a promise is in the nature of a gift, and a gift does not become binding except upon receipt." [Asnā al-Maṭālib fī Sharḥ Rawḍ al-Ṭālib,Vol. 2/P.487]
Given that the son does not possess the financial means to fulfil his promise to his father, breaking this promise falls beyond his capacity — and Allah does not burden a soul beyond what it can bear. Since the father himself possesses sufficient wealth to settle his own debt, repayment must be made from his own funds. Should he pass away before doing so, the debt is to be settled from his estate. And Allah the Almighty knows best.

Does smoking break the fast?

Yes, smoking breaks the fast because smoke particles intentionally enter the lungs, which are considered part of the body cavity (jauf).

What is the ruling of Islamic Law on someone who wakes up in a state of janābah (major ritual impurity) near the very end of the prayer's designated time, during cold weather — should he heat water in order to perform ghusl, even though the prayer's time will expire as a result, or should he perform tayammum instead?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
If the water is cold, and cannot be used due to fear of harm that is not ordinarily tolerable, or that would result in illness, then in this case it becomes obligatory to heat the water — even if heating it causes the time for Fajr to expire — and no sin is incurred in doing so, due to his valid excuse. He may not resort to tayammum (dry ablution) instead, since water remains available [and merely needs to be heated].
Imam Shihāb ad-Dīn Aḥmad ar-Ramlī (raḥimahullāh) said: "He was asked regarding a person who, if he were to use cold water, would experience harm that permits tayammum, and who has access to something with which he could heat the water — but if he heats it, the prayer's time will expire. Is it obligatory for him to heat it even if the time expires, or should he pray with tayammum within the prescribed time? He answered that it is obligatory for him to heat the water, even if the time for that particular obligatory prayer expires." [Fatāwā ar-Ramlī, Vol.1/P.98]
Imam al-Bājūrī (raḥimahullāh) said in his Ḥāshiyah on Sharḥ Ibn Qāsim (Vol.1/P.173): "And if he fears [harm] from using cold water, and is currently unable to heat it, but knows of a place where firewood is available, such that if he were to go there he would not return until after the prescribed time has expired — what appears [to be the correct position] is that it is obligatory for him to go and seek the firewood, even if the time expires as a result, as this is the position ultimately settled upon by ar-Ramlī, and as related from him by Ibn Qāsim." And Allah, the Exalted, knows best.

What is the ruling on praying alone (munfaridan) in a row, and what should I do if I enter the mosque together with another person, and there is only a single gap in the first row with no second row present — should I fill that gap in the first row, or should I stand together with him in a new second row?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
If a person enters [the congregation] and finds no space available in the row, it is recommended for him — after making his opening takbīr for the prayer — to gently pull someone from the row in front of him to pray alongside him, provided he senses that this person would be agreeable to it. If that person does not agree, then he prays alone, and there is no dislike attached to his doing so in that case.
If he ends up praying alone [behind the row], it is sunnah for him to stand directly behind the imam. Then, if someone else arrives, that person stands to his right; and whoever comes after them stands to his left — and so on — such that the imam remains centered in the middle of the row. This is done so that everyone attains the reward of congregational prayer.
As for the case where two people enter the prayer together, and there is a gap in the row wide enough for only one person, then the two of them should pray together in a new row [of their own], and whoever arrives after them should fill that original gap. This is because if only one of the two fills the gap, the other would end up praying alone [which is to be avoided when it can easily be prevented].
Al-Khaṭīb ash-Shirbīnī (raḥimahullāh) said in Mughnī al-Muḥtāj (Vol.1/P.494): "If he does not find space, then it is recommended for him, while still standing, to gently pull a single person from the row toward himself after making his opening takbīr — out of caution, so as to avoid the position held by some scholars that a person's prayer standing alone behind the row is not valid.
Az-Zarkashī and others said: this should only be done if it seems he would agree to it; otherwise, he should not pull anyone — indeed, doing so becomes impermissible, out of fear of causing discord (fitnah). It is recommended for the person being pulled to cooperate and agree, so that he may attain the reward of assisting in righteousness and piety (al-birr wat-taqwā). However, he should not pull one of two people [praying together] from the row, since this would cause one of them to end up praying alone. This is why the 'pulling' described here takes place only after the opening takbīr [i.e., once the person doing the pulling has already validly begun his own prayer]."
Accordingly: it is sunnah for you to pray alongside the person praying alone, and then, if someone else arrives afterward, you may go and fill the gap in the original row. And Allah, the Exalted, knows best.

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