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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

The Prophet ﷺ said: "There will emerge from my nation people who will drink the Qurʾān as they drink milk" — is this ḥadīth authentic, and what does it mean?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
ʿUqbah ibn ʿĀmir, may Allah be pleased with him, narrated that the Messenger of Allah ﷺ said: "There will emerge from my nation people who will drink the Qurʾān as they drink milk." (Reported by al-Ṭabarānī in al-Muʿjam al-Kabīr, and cited by al-Haythamī in Majmaʿ al-Zawāʾid, who stated: "Its narrators are trustworthy.")
The meaning of this ḥadīth is that there will emerge from this blessed nation people who recite the Holy Qurʾān without reflecting upon its meanings or pondering its rulings — the noble verses passing over their tongues just as milk passes over them when it is drunk, leaving no trace of thought, understanding, or contemplation behind. [See: al-Taysīr bi-Sharḥ al-Jāmiʿ al-Ṣaghīr,Vol.2/P.63] And Allah the Almighty knows best.

What are the legal and religious consequences for a charitable organization in the event that a sacrificial animal is damaged or spoiled after slaughter?

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
Charitable organizations entrusted with slaughtering sacrificial animals (uḍḥiyyah) and distributing their meat on behalf of their owners are obligated to safeguard the meat from spoilage, damage, theft, and any other harm. This is because such organizations act as agents (wukalā') on behalf of those offering the sacrifice, and an agent holds what is entrusted to them in trust (amānah) — whether they receive a wage for their work or act on a voluntary basis.
If the sacrificial animal is damaged after slaughter during the processes of packaging, transportation, or storage due to negligence or oversight — whether on the part of the organization's own staff overseeing the operation, or on the part of third parties contracted by the organization such as transport or shipping companies — then liability falls upon the negligent party, who is required to compensate for the value of the sacrifice. It is not permissible to cover such compensation from the organization's other donor funds.
However, if the damage to the sacrificial animal occurs without any negligence in its preservation and storage on the part of any party involved in the transportation, shipping, or storage process, and is instead attributable to force majeure circumstances beyond their control, then no financial liability is borne by any party in such a case. And Allah Almighty knows best.

What is the ruling of Islamic Law on a fictitious marriage for the purpose of obtaining citizenship?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
There is no such thing in our noble sharīʿah as a "nominal" or "fictitious" marriage or divorce. Marriage and divorce are among the sacred ordinances of Allah, and it is not permissible to manipulate them or use them as a stratagem to obtain worldly gains.
The foundational purpose of a marriage contract is the permanence and continuity of the relationship between the spouses — to establish a family, and to bring forth righteous offspring. So sacred is this bond that Allah the Almighty Himself described it as a solemn covenant (mīthāq ghalīẓ), saying {what means}: "And if you wish to replace one wife with another and you have given one of them a great amount of wealth, do not take any of it back. Would you take it in injustice and manifest sin? And how could you take it while you have gone in unto each other and they have taken from you a solemn covenant?" [Al-Nisāʾ/ 20–21]
Accordingly, it is not permissible to resort to manipulation and deception in contracts that Allah, Mighty and Majestic, has described as a "solemn covenant" — all for the sake of material and worldly benefit. Marriage is built upon permanence and does not admit of a fixed time limit. If a time limit is stipulated in the contract, the contract is rendered invalid by the consensus of the jurists. Similarly, marriage is impermissible when there exists a mutual, concealed intention to limit its duration — even if no time limit is explicitly mentioned in the contract — for this constitutes a form of unlawful circumvention of the sharīʿah. This is to say nothing of the lying and deception that such conduct involves, the prohibition of which needs no elaboration. Lying, deception, and fraud for the purpose of obtaining worldly gains are among the gravest of sins.
If, however, the marriage contract is first concluded in a valid sharʿī manner and then registered civilly, it is sound and fully valid. And Allah the Almighty knows best.

What is the meaning of the Prophetic statement that a boy is held in pledge (murtahan) for his 'aqīqah?

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
The first interpretation: That if the boy dies in infancy without an 'aqīqah having been performed on his behalf, he will not intercede for his parents on the Day of Resurrection. This is the position of Imam Aḥmad ibn Ḥanbal, and Imam al-Khaṭṭābī concurred with him, stating: "The finest of what has been said regarding this matter is the position adopted by Aḥmad ibn Ḥanbal." — [Fatḥ al-Bārī by Ibn Ḥajar,{Vol.9/P.594]
The second interpretation: That the child is likened to a pledged object (marhūn) — one from which full benefit and enjoyment cannot be derived until it is redeemed. A blessing is only made complete upon the one blessed when they fulfil the obligation of gratitude (shukr), and the prescribed expression of gratitude for this particular blessing is what the Prophet ﷺ established as Sunnah — namely, the slaughtering of the 'aqīqah on behalf of the newborn as an act of thankfulness to Allah the Almighty and as a supplication for the wellbeing and safety of the child. This is the position of Mullā 'Alī al-Qārī. See: [Mirqāt al-Mafātīḥ Sharḥ Mishkāt al-Maṣābīḥ, Vol.7/P.2688]
And Allah Almighty knows best.

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