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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 Jurisprudential Significance of the Ḥadīth: "Whoever says, at the conclusion of the Fajr Prayer, while crossing his legs, before speaking..."
"Whoever says, at the conclusion of the Fajr prayer, while crossing his legs, before speaking: 'Lā ilāha illā Allāh, waḥdahu lā sharīka lah, lahu al-mulku wa lahu al-ḥamdu yuḥyī wa yumītu wa huwa ʿalā kulli shayʾin qadīr' ten times — ten good deeds will be recorded for him, ten bad deeds will be erased from him, he will be raised ten levels, he will spend that day in protection from everything disliked and guarded from the devil, and no sin will be able to befall him on that day except associating partners with Allah" — does this noble ḥadīth apply to the imam, and what is meant by "extraneous speech"?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
It is recommended for both the imam and those praying behind him to recite, immediately after the final salām, the specific remembrance reported in the sunnah to be said before turning away from one's place of prayer. The imam then leaves his praying spot, and the act of "turning" is fulfilled when the imam faces the congregation — even without physically leaving his spot — by positioning his right side toward them and his left side toward the qiblah, and this applies even while he is engaged in supplication.
Al-ʿAllāmah Ibn Qāsim al-ʿAbbādī states in his Ḥāshiyah ʿalā al-Tuḥfah (Vol.2/P.105): "It is most virtuous for the imam, once he has given the salām, to rise from his place of prayer immediately afterward." He adds that an exception must be made for the remembrances that are specifically required to be recited before he turns away. He then notes, citing Sharḥ al-ʿUbāb: "Yes, an exception to this rising immediately after the salām applies to the Fajr prayer, due to the authentic report that the Prophet ﷺ, when he prayed Fajr, would remain seated until the sun rose." He further cites, from al-Khādim, the ḥadīth concerning one who recites, at the conclusion of the Fajr prayer while still in the position of crossing his leg to rise: "Lā ilāha illā Allāh, waḥdahu lā sharīka lah..." and the rest of the well-known ḥadīth. He comments that this makes explicit that this particular remembrance is to be recited before the worshipper turns his legs to leave, and the same applies to Maghrib and ʿAṣr, as reported in those contexts as well.
What is meant by "speech" in the relevant ḥadīth is extraneous worldly speech that is not called for after the prayer and for which there is no legitimate excuse. The remembrances reported to be recited upon concluding the prayer, however, do not fall under this category of extraneous speech, since they are themselves required by the sharīʿah.
Al-ʿAllāmah ʿAlī al-Shabrāmalsī states in his Ḥāshiyah ʿalā al-Nihāyah (Vol.1/P.551): "If someone greets a person with salām while he is occupied with reciting this remembrance [i.e., 'Lā ilāha illā Allāh...'], should he return the greeting — without this causing him to forfeit the promised reward, since he is engaged in an obligatory matter — or should he delay returning the greeting until he finishes, this being a legitimate excuse for the delay?" He continues: "I say: the more likely view is the former, and the prohibition on speech is to be understood as applying to extraneous speech for which there is no legitimate excuse. Based on this, should the worshipper give precedence to this remembrance ('Lā ilāha illā Allāh...') or to reciting Sūrat al-Ikhlāṣ ('Qul huwa Allāhu aḥad')? This requires consideration, though it is not unlikely that the remembrance takes precedence, given that the Lawgiver urged hastening to it through his words 'while crossing his leg.' This is not considered ordinary speech, since it is not extraneous to what is required after the prayer."
Accordingly, it is recommended for both the imam and those praying behind him to recite this remembrance and to give it precedence over the other remembrances of the prayer, ensuring it is said before they move from their place. And Allah the Almighty knows best.

What is the Islamic ruling on eating from the 'aqīqah?

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
It is recommended (mandūb) to eat from the 'aqīqah, unless it was vowed (mandhūrah). If the 'aqīqah was made as a vow, then it is prohibited to eat from it, and it becomes obligatory to distribute the entirety of it in charity to the poor. And Allah Almighty knows best.

Is it permissible for a husband to sell his wife`s jewelry if he was in a hard up?

A woman`s jewelry and dowry are her own property, and it is forbidden for the husband to take either without obtaining her approval. However, it is desirable for the wife to support her husband through considering her jewelry a sort of documented debt on him.

What is the ruling on wiping the front of the head beneath the ḥijāb, and is it permissible to wipe over the ḥijāb if it was put on while in a state of purification (wudu`)?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
It is permissible to wipe the front portion of the head (nāṣiyah) with the fingertips. It is likewise sufficient to place a wet hand over a head covering (ḥijāb), provided the moisture actually reaches the hair beneath it — if it does not, it does not suffice. A head covering is not treated in the same manner as leather socks (khuff) and may not be wiped over in lieu of the head itself.
Imām al-Nawawī, may Allah have mercy upon him, states in al-Majmūʿ (Vol.1/P.407): "If a person is wearing a turban and does not wish to remove it — whether for a valid reason or otherwise — he should wipe the entire front portion of the head... The same ruling applies to whatever a woman wears on her head. If, however, he confines himself to wiping over the turban without wiping any part of the head itself, this does not suffice — and there is no disagreement among us on this point." He further states: "A woman is like a man in the manner of wiping the head... She should insert her hand beneath her head covering so that the wiping falls upon the hair itself. If she places her wet hand over her head covering, our scholars stated: if the moisture does not reach the hair, it does not suffice her." And Allah the Almighty knows best.

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