Articles

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

What is the ruling on combining (jam‘) and shortening (qaṣr) prayers when travel is repeated on a daily basis?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
A traveler is permitted to avail himself of the concessions of shortening and combining prayers once the distance of his journey reaches (81 km) or more. This is on condition that his journey is a permissible one, and that he begins shortening and combining only after setting out and passing beyond the built-up limits of the city in which he resides, or beyond the administrative boundaries of the area where he lives.
Accordingly, if the distance between one's workplace and one's place of residence reaches the distance upon which the concession of combining and shortening depends, then combining and shortening are permissible once he leaves the built-up area, even if this travel is repeated on a daily basis.
Ash-Shirbīnī (raḥimahullāh) said: "It is permissible to combine Ẓuhr and ‘Aṣr, either as an early combination (taqdīm) in the time of the first, or as a delayed combination (ta'khīr) in the time of the second; and likewise Maghrib and ‘Ishā' — either early, in the time of the first, or delayed, in the time of the second — during a long, permissible journey, in following [the Prophet's practice]. As for the delayed combination, it is established in the two Ṣaḥīḥs from the ḥadīth of Anas and Ibn ‘Umar (raḍiyallāhu ‘anhum). As for the early combination, Ibn Ḥibbān and al-Bayhaqī graded it ṣaḥīḥ from the ḥadīth of Mu‘ādh, and at-Tirmidhī graded it ḥasan." [Quoted with slight abridgment from Mughnī al-Muḥtāj, Vol.1/p.529]
The conditions for combining and shortening have already been explained in Fatwa No. 14 and Fatwa No. 842. And Allah, the Exalted, knows best.

What is the ruling on using the *subḥah* (prayer beads) to count during *tasbīḥ* and *dhikr*?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
It is recommended to use the ordinary or electronic subḥah (prayer beads or counter) to count tasbīḥ, dhikr, and istighfār, because it helps one to remember Allah. Many reports have been transmitted from the Companions and the Followers (tābiʿūn) showing that they continued to use strings of date pits as an aid to dhikr and tasbīḥ.
It is one of the lawful means of worship. Indeed, what is established from the Prophet (peace and blessings be upon him), namely that he counted tasbīḥ on his right hand, shows that it is permissible to count tasbīḥ with whatever helps a Muslim keep track of the number. There is therefore no basis for calling it an innovation (bidʿah), and we know of no jurist who said so.
Al-Ḥāfiẓ al-Suyūṭī (may Allah have mercy on him) wrote a dedicated treatise on the subject titled al-Minḥah fī al-Subḥah, printed within al-Ḥāwī li’l-Fatāwī (vol. 4–6).
Shaykh al-Islām Imam Ibn Ḥajar al-Haytamī (may Allah have mercy on him) was asked: Does the subḥah have a basis in the Sunnah? He replied: “Yes, and al-Ḥāfiẓ al-Suyūṭī wrote on this. Among the evidence is what is authentically reported from Ibn ʿUmar (may Allah be pleased with them both): ‘I saw the Prophet (peace and blessings be upon him) counting tasbīḥ on his hand.’ Ibn Abī Shaybah, Abū Dāwūd, and al-Tirmidhī also narrated: ‘Hold fast to tasbīḥ, tahlīl, and taqdīs, and do not be heedless, lest you forget the affirmation of Allah’s oneness (tawḥīd). Count them on the fingertips, for they will be questioned and made to speak.’ Counting tasbīḥ with pebbles, date pits, and a knotted string has also been reported from a group of the Companions and those after them. Some scholars held that counting on the fingertips is better than the subḥah, based on the ḥadīth of Ibn ʿUmar. Others distinguished, saying: if the one reciting is safe from miscounting, counting on the fingertips is better; otherwise the subḥah is better.” [al-Fatāwā al-Fiqhiyyah al-Kubrā, Vol.1/p.152]. And Allah Almighty knows best.

What is the ruling on reciting aloud (*jahr*) in a silent (*sirriyyah*) prayer?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
Reciting aloud (jahr) in the Fajr prayer, in the first two rakʿahs of Maghrib and ʿIshāʾ, and reciting silently (isrār) in the Dhuhr and ʿAṣr prayers is a sunnah. If the worshipper recites aloud where silence is prescribed, or the reverse, his prayer is valid, although it is better to follow the sunnah, in imitation of the Prophet (peace and blessings be upon him). Abū Hurayrah (may Allah be pleased with him) said: “In every prayer there is recitation. What the Messenger of Allah (peace and blessings be upon him) let us hear, we let you hear, and what he concealed from us, we conceal from you. If you add nothing to Umm al-Qurʾān (al-Fātiḥah), it suffices, and if you add to it, it is better.” Narrated by al-Bukhārī.
Shaykh al-Islām Imam al-Nawawī (may Allah have mercy on him) said in al-Majmūʿ (Vol.3/389): “The sunnah is to recite aloud in the two rakʿahs of Ṣubḥ (Fajr), Maghrib, and ʿIshāʾ, and in the Friday prayer, and to recite silently in Dhuhr, ʿAṣr, the third rakʿah of Maghrib, and the third and fourth of ʿIshāʾ. All of this is by the consensus of the Muslims, together with the mutually reinforcing authentic ḥadīths on the matter. This is the ruling for the imam. As for the individual worshipper (munfarid), it is sunnah for him to recite aloud according to us and according to the majority… If he recites aloud where silence is prescribed, or the reverse, his prayer is not invalidated, nor is there a prostration of forgetfulness (sujūd al-sahw) for it, but he has committed something disliked (makrūh).” And Allah Almighty knows best.

"I told my family at night: 'I will fast tomorrow as qaḍā' (a make-up fast),' but I forgot to make the intention before sleeping. Is my fast valid?"

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
 
The intention is obligatory in acts of worship. For obligatory fasting, the required intention is to resolve to fast during the night [before dawn]. Its proper locus is the heart, while verbalizing the intention out loud in acts of worship is a sunnah — so that the tongue may align with the heart. If the intent behind the statement in question was the intention to fast, then it is valid; but if the intent was merely to inform someone, or reflected hesitation or doubt, then it is not valid.
 
It is stated in *Bushrā al-Karīm* (Vol.1/P.216): "It is a sunnah to verbalize the intention — that is, whatever has already been intended in the heart, whether an obligatory or a voluntary act — such as specifying the number of rak‘ahs, just before the opening takbīr — so that the tongue may assist the heart, and because this is further removed from whispered doubts (waswasah), and in order to accommodate the view of those who held it obligatory in every act of worship that requires an intention (even though this is a minority position), by analogy with Ḥajj."
 
Accordingly: if the intention to fast arose in your heart before the second adhān [i.e., before Fajr], then your fast is valid.
 
And Allah, the Exalted, knows best.