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 of Islamic Law on obtaining financing from Islamic banks by bringing invoices in prior arrangement with the seller, then taking the cash after the financing is approved — with the purpose of settling debts and buying a car?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
It appears from the transaction described that its underlying purpose is to obtain cash through resorting to a legal artifice (ḥīlah/tawarruq-style trick), and it is not permissible to engage in such trickery or to coordinate with the various parties merely to obtain liquidity. This is because such artifices bring the sale closer in reality to a ribā-based (usurious) transaction, even if it outwardly appears otherwise.
The Prophet ﷺ said: "Do not commit what the Jews committed, thereby making lawful what Allah has made unlawful through the flimsiest of tricks." This was related by Ibn Baṭṭah in his book Ibṭāl al-Ḥiyal (p. 47), and many scholars have graded it as ḥasan (sound/acceptable).
We have already explained the impermissibility of engaging in such deceptive dealings with Islamic banks in Fatwa No. 516, so please refer to it. And Allah, the Exalted, knows best.

Is it a condition that a woman should untie her locks while making Ghusl (ritual bath)?

Ghusl from Janabah (ritual impurity), or menstruation obligates that water reaches the roots of the hair in order for the Ghusl to be valid, but if it doesn`t, then hair locks must be untied for water to reach them, and for Ghusl to become valid.

Is it permissible to sleep before the time of the Fajr prayer begins, with the intention of waking up shortly afterward?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
It is permissible for a Muslim to sleep before the time of the Fajr prayer begins, intending to wake up and perform the prayer, by setting an alarm or asking someone to wake him. What is to be avoided is that a person sleeps while he predominantly assumes that he will not wake up for the prayer.
If he does not wake up until the time of the prayer has ended, he must make it up. It is recommended that he hasten to make it up as soon as he wakes, and likewise recommended that he make up its sunnah along with it.
It is stated in al-Majmūʿ by Shaykh al-Islām Imam al-Nawawī (may Allah have mercy on him): “Whoever was obliged to pray and did not pray until the time passed must make it up, because of the saying of the Prophet (peace and blessings be upon him): ‘Whoever sleeps through a prayer or forgets it, let him pray it when he remembers it.’ It is recommended that he make it up immediately, because of the ḥadīth we have mentioned. If he delays it, that is permissible, because it is reported that the Prophet (peace and blessings be upon him) missed the Fajr prayer and did not pray it until he had left the valley. Had it been required immediately, he would not have delayed it. Abū Is-ḥāq said: If he left it without a valid Sharia excuse, he must make it up immediately, because he was negligent in delaying it.”
It is therefore the duty of every Muslim to keep the prayer in its proper time, seeking help from Allah the Exalted and striving against the self to do so. And Allah Almighty knows best.

What is the ruling on eating or drinking during the first Adhan?

It is permissible to eat and drink during the first Adhan because it takes place before the break of dawn. The purpose of this Adhan is to notify Muslims of the approaching dawn so they can prepare to stop eating when they hear the second Adhan.