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Islamic Ruling on Participating in Municipal Elections
Author : The General Iftaa` Department
Date Added : 13-03-2023

Islamic Ruling on Participating in Municipal Elections

 

Municipal elections are a legitimate means of expressing opinion freely and sincerely and a process of consultation that is in harmony with the provisions of Sharia. It aims to select municipal councils in all governorates to be in charge of running the affairs of cities and villages in terms of cleanliness, maintenance and organization on scientific and technical grounds to set them apart from other cities and villages.

Therefore, the responsibility of municipal councils is great one and can`t be shouldered save by those who are competent, capable, have the desire to establish justice, truth and kindness. This is in addition to being acquainted with that which lies in the benefit of the nation and citizens, and promotes the values of loyalty and belongingness amongst the citizens. Allah the Almighty says on the tongue of Yousef: "(Joseph) said: "Set me over the storehouses of the land: I will indeed guard them, as one that knows (their importance)." {Yousef, 55}.

One who is competent and honest in doing things deserves to be voted for Allah The Almighty Says on the tongue of Prophet Shu`aib (PBUH) (What means): "Said one of the (damsels): "O my (dear) father! engage him on wages: truly the best of men for thee to employ is the (man) who is strong and trusty"...." {Al-Qasas, 26}.

It is the duty of every citizen to elect the best, the fittest and the competent, and the Muslim should run his affairs of this life and the next in the right manner, as required by Almighty Allah. Since a Muslim`s witness will be written down, he/she should choose the most competent nominee as he/she will be held to account for that on the Day of Judgment. Allah Says {What means}:  "Their evidence will be recorded, and they will be called to account!" {Al-Zukhruf/19}.

It is no secret that the irregularities within the electoral process in terms of buying or forging votes are prohibited by Sharia.

We call on all Jordanians to unite in order to make the electoral process a success and to elect the most competent, as this has a direct and tangible impact on all citizens. And Allah The Almighty Knows Best.

 

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Summarized Fatawaa

Is the Saying "Whatever is Taken by the Sword of Shyness is Forbidden" an Authentic Ḥadīth?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
The saying "Whatever is taken by the sword of shyness is forbidden" is not an authentic ḥadīth, though its underlying meaning is sound. The established sharʿī principle is that a Muslim's wealth is not lawful for anyone to take except with his wholehearted consent, as Allah the Almighty says {what means}: "O you who have believed, do not consume one another's wealth unjustly, but only [in lawful] business by mutual consent." [Al-Nisā/ 29] And the Messenger of Allah ﷺ said: "Listen to me and you will live well: do not wrong others, do not wrong others, do not wrong others. Indeed, a man's wealth is not lawful except with his full, willing consent." (Reported by Aḥmad in his Musnad.) Whatever is taken through the pressure of shyness or social embarrassment runs directly counter to genuine, wholehearted consent.
The jurists have explicitly stated that whatever is taken by means of the "sword of shyness" carries the same ruling as that which is taken by coercion — it must be returned to its rightful owner.
Ibn Ḥajar al-Haytamī, may Allah have mercy upon him, states in al-Fatāwā al-Kubrā (Vol.3/P.30): "Do you not see the reported scholarly consensus that whoever has something taken from him purely out of shyness, without his genuine consent, does not pass ownership of it to the one who took it? They reasoned that this constitutes a form of coercion through the 'sword of shyness,' comparable to coercion at the point of an actual sword. Indeed, many people would rather submit to the literal sword and endure the pain of its wound than submit to this first kind of coercion, out of fear for their dignity and standing — which people of sound judgment hold dear and guard most fiercely." And Allah the Almighty knows best.

What is the ruling on someone who insults or deceives others while fasting?

Insulting or deceiving others is forbidden (haram) and diminishes the reward of fasting.
The Prophet ﷺ warned against deception, saying: "Whoever deceives is not one of us." [Narrated by Al-Tirmidhi]
However, their fast remains valid despite the sin.

What is the ruling on performing the standing (qiyām) and bowing (rukū‘) portions of the prayer normally, while performing the prostration (sujūd) seated due to knee pain?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
If performing sujūd (prostration) in prayer causes the worshipper pain in the knees, then it is permissible for him to perform it through gesture (īmā') while seated, since Allah, Glorified and Exalted is He, has lifted hardship from His servants. On the authority of ‘Imrān ibn Ḥuṣayn (raḍiyallāhu ‘anh), he said: "I suffered from hemorrhoids, so I asked the Prophet ﷺ about [how to perform] the prayer, and he said: 'Pray standing; if you are unable, then sitting; and if you are unable, then on your side.'" [Ṣaḥīḥ al-Bukhārī]
If the valid excuse later subsides, the worshipper is then obligated to perform the prayer with all its pillars and conditions fully observed — including standing, rukū‘ (bowing), and sujūd (prostration). And Allah, the Exalted, knows best.

What is the ruling on someone who combines two prayers as an early combination (jam‘ taqdīm), and then arrives at his place of residence during the time of the second prayer — is he obligated to repeat it?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
Whoever combines Ẓuhr and ‘Aṣr while traveling — that is, before he has reached the built-up boundaries of his hometown [upon returning] — his combination (jam‘) of the two prayers remains valid, even if he arrives at his place of residence before the time for the second prayer has actually begun. This is because the combination was already validly completed with its proper conditions fulfilled, and he is not obligated to repeat the second prayer [upon arrival].
A traveler is permitted to make use of the concessions of shortening (qaṣr) and combining (jam‘) prayers once the distance of travel reaches (81 km) or more, provided that his journey is a permissible one, and that he begins shortening and combining only after actually setting out on the journey and passing beyond the built-up limits of the city in which he resides. And Allah, the Exalted, knows best.