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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

What is the ruling on swearing an oath by the Prophet ﷺ, and does such an oath take effect according to Imām Aḥmad ibn Ḥanbal, requiring expiation upon its breach?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
Swearing an oath by a created being is disliked (makrūh) in our Shāfiʿī school. Shaykh al-Islām Imām al-Nawawī, may Allah have mercy upon him, states: "Swearing by a created being is disliked — such as swearing by the Prophet, the Kaʿbah, Jibrīl, the Companions, or the Prophet's family. Al-Shāfiʿī, may Allah have mercy upon him, said: 'I fear that swearing by other than Allah the Almighty may constitute an act of disobedience.' The scholars of the school explained this to mean: that is, something forbidden and sinful — indicating that he had some hesitation in the matter. Al-Imām stated: the established position of the school is that it is categorically not forbidden, but rather disliked. Furthermore, whoever swears by a created being, his oath does not take effect and no expiation (kaffārah) is required if he breaks it." [Rawḍat al-Ṭālibīn wa ʿUmdat al-Muftīn, Vol. 11/P.6]
According to the Ḥanbalī school, however, expiation becomes obligatory upon one who swears by our master the Prophet ﷺ and then breaks his oath. Imām al-Bahūtī al-Ḥanbalī, may Allah have mercy upon him, states: "No expiation is required for swearing by other than Allah the Almighty, even if the oath is broken — because expiation was made obligatory for swearing by Allah and His attributes, out of reverence for His names, and nothing else is equal to Him in this regard... except in the case of swearing by our Prophet Muḥammad ﷺ, for expiation becomes obligatory when one swears by him and then breaks the oath. This was explicitly stated in the narration of Abū Ṭālib, because he is one of the two conditions of the two testimonies of faith by which a disbeliever becomes a Muslim. Ibn ʿAqīl held the view that swearing by any of the other prophets, peace and blessings be upon them all, carries the same ruling." [Sharḥ Muntahā al-Irādāt, Vol. 3/P.441]. And Allah the Almighty knows best.

What is the ruling of Islamic Law on supplicating with other than the transmitted (Ma'thur) supplications in prayer?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
It is permissible to supplicate (make du'a) during the prayer for anything from the affairs of religion or worldly life, and the prayer is not invalidated by doing so.
Shaykh al-Islam, the Imam an-Nawawi, may Allah have mercy on him, says: "Our madhhab [i.e., the Shafi'i madhhab] holds that it is permissible for a person to supplicate during it [the prayer] with anything that is permissible to supplicate with outside the prayer, from the affairs of religion or worldly life. He may say: 'O Allah, grant me wholesome sustenance, offspring, a house, and a beautiful young wife' — describing her; or: 'O Allah, free so-and-so from prison,' or 'destroy so-and-so,' and other such things — and none of this invalidates his prayer according to us. And this is also the view of Malik, ath-Thawri, Abu Thawr, and Ishaq." [Al-Majmu', Vol.3/P.454]. And Allah, the Exalted, knows best.

What is the ruling on forgetting an integral of the prayer?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
Whoever forgets an integral (Rukn) of the prayer and remembers it before reaching the equivalent point in the subsequent unit (Rak'ah), must return to it (i.e., perform it) and complete his prayer, then perform the prostration of forgetfulness (Sujud al-Sahw) at the end of his prayer. However, if he remembers it after reaching the equivalent point in the subsequent unit, the Rak'ah in which the integral was forgotten is invalidated, and the current unit takes its place; he then completes a full Rak'ah to compensate and performs the prostration of forgetfulness.
 
It is stated in Nihayat al-Muhtaj ila Sharh al-Minhaj (Vol.1/P.543): 'If he becomes certain at the end of his prayer, or after the Salam—provided the interval is not long according to custom and he has not stepped on an impurity—that he omitted a prostration from the final Rak'ah, he must perform it and repeat the Tashahhud, as his previous Tashahhud occurred before its proper place. If the omission was from a Rak'ah other than the final one, he must perform a full Rak'ah, because the deficient unit was completed by a prostration from the subsequent one, rendering the rest of that subsequent unit void.' And Allah the Exalted knows best.

If someone delays making up fasts for a year, can they give fidyah before performing qada?

Yes, it is permissible to give fidyah before making up the missed fasts (qada), because each is an independent obligation, and there is no required order between them.