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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

When is Istikharah (guidance prayer) Du`a offered, before Tasleem (saying asalamu alikum warahmatu allah wa barakatuh to end the prayer), or after it?

It is offered after Tasleem.

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 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.

What is the ruling on praying seated due to severe obesity, given that I experience hardship in performing the prayer — especially when rising from the ground after sujūd to perform the next rak‘ah?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
Standing, when one is able to do so, is a pillar of the prayer. However, whoever would experience severe, intolerable hardship, or fears harm to himself or to a limb due to obesity, or finds that standing causes him to lose his khushū‘ (humble focus and concentration) in prayer, then there is no objection to his praying seated on a chair or on the ground, performing rukū‘ (bowing) and sujūd (prostration) through gesture — provided that the gesture for sujūd is made lower than that for rukū‘. Whoever is able, at any point, to properly perform any one of these pillars, is obligated to perform it in full; for omitting it is a concession that applies only in cases of genuine inability. The Prophet ﷺ said: "When I command you to do something, do of it whatever you are able." (Related by al-Bukhārī). As the scholars of fiqh have established: what remains possible is not waived on account of what is difficult.
The criterion for determining genuine inability, as chosen by Imam al-Ḥaramayn al-Juwaynī (raḥimahullāh), is that the worshipper experiences hardship that causes him to lose his khushū‘.
As for voluntary (nafl) prayer, there is no objection to performing it while seated, even if one is able to stand. However, rukū‘ and sujūd must still be performed [in their proper physical form] by anyone who is able to do so. And Allah, the Exalted, knows best.