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Representing the People in the Parliament is a Responsibility, the Vote is a Trust, and Buying the Voter`s Will is Forbidden according to Islamic Law
Author : The General Iftaa' Department
Date Added : 18-08-2024

Elections are a legitimate means of selecting representatives of the nation, oversee the government, and enact laws to serve the citizens and advance their interests. In this way, elections embody one of the mechanisms of the principle of consultation (Shura) established by Islamic law.

The responsibility of a candidate before Allah is a significant one. They should feel the weight of this responsibility and understand its importance, which will help them fulfill their duties with honesty and sincerity for the benefit of the nation and the community. Allah Says (what means): "Indeed, We offered the trust to the heavens, the earth, and the mountains, but they refused to bear it and were afraid of it. But man undertook it. Indeed, he was unjust and ignorant." [Al-Ahzab/72].

Therefore, it is forbidden for a candidate to influence the voters' decisions by offering money, bribes, or any other form of inducement, whether under the guise of gifts, assistance, charity, or meals. Abdullah ibn Amr reported that the Prophet Muhammad (peace be upon him) said: "Allah has cursed the one who pays the bribe and the one who accepts it." [Abu Dawood].

Casting a vote is also a significant responsibility that should be carried out with integrity and sincerity. Voters should be aware that they will be held accountable for this trust before Allah. Allah Says (What means): "Their testimony will be recorded, and they will be questioned." [Az-Zukhruf/19].

To clear one's responsibility before Allah, the nation, and the country in the best possible manner, a voter must adhere to two key principles:

First: To choose the fittest and best candidate for the job. This requires selecting a candidate who is strong in knowledge and expertise and trustworthy regarding the interests of the country and its people. Allah Says (What means): "Indeed, the best one you can hire is the strong and the trustworthy" [Al-Qasas/28]. This is why the Prophet Muhammad (peace be upon him) excused Abu Dharr (may Allah be pleased with him) when he asked for a position of authority, saying: "O Abu Dharr, you are weak, and it is an entrusted duty. On the Day of Resurrection, it will be a source of disgrace and regret, except for those who take it on with its rights and fulfill their obligations in it." [Moslim].

Second: The voter should cast their vote freely and according to what their religion and conscience dictate, without being influenced by gifts, bribes, or biases. Voting is a form of testimony, and it should not be subject to sale, bargaining, or flattery. Any money received in exchange for one's vote is unlawful and will be held accountable for before Allah. Allah Says (What means): "O you who have believed, do not consume one another's wealth unjustly or send it [in bribery] to the rulers in order that [they might] consume a portion of the wealth of the people in sin, while you know [it is unlawful]" [An-Nisa`/29].

Since voting in parliamentary elections is a trust, a Muslim should uphold it and perform it correctly. It is also a testimony for which one will be held accountable before Allah. Allah Says (What means): "Their testimony will be recorded, and they will be questioned" [Az-Zukhruf/19]. Therefore, it is forbidden for a voter to accept any money or gifts, in exchange for their vote or testimony, from any candidate. This is to protect the trust and prevent unsuitable individuals from reaching positions of power. The Prophet Muhammad (peace be upon him) said: "When trust is lost, then wait for the Hour." They asked, "How will trust be lost, O Messenger of Allah?" He said: "When authority is given to those who do not deserve it, then wait for the Hour" [Bukhari]. How can a candidate who engages in such practices be trusted with the nation's affairs and resources?

As for compelling people to swear an oath to vote for a specific candidate, this is not permissible in Islamic law, neither for the one swearing the oath nor for the one compelling them. Moreover, swearing oaths for this purpose is not sanctioned. Allah says {what means}: 'Do not make Allah’s name an excuse for your oaths to prevent you from being righteous, fearing Allah, and making peace among people. And Allah is Knowing and Wise' [Al-Baqarah, 224].

In addition, if someone swears an oath to vote for a person who does not have the required qualifications for the role, they should not adhere to that oath because it is both a mistake and a sin. Instead, they should make expiation for their oath and vote for the one who is more suitable for both their religion and worldly affairs. Abu Huraira reported that the Prophet Muhammad (peace be upon him) said: "Whoever swears an oath and then sees something better, let him go with what is better and make expiation for his oath" [Moslim].

In conclusion, participating in elections and voting is permissible, and it should be accompanied by raising awareness among people about the importance of electing those who safeguard the interests of the citizens and the country, and who protect the nation's resources. And Allah The Almighty Knows Best.

 

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Summarized Fatawaa

My father has debts and asked me to repay them years ago, and I promised him I would do so upon his death — is it permissible for me to go back on my promise given that I am unable to repay them, especially since he refuses to contribute to repayment on the grounds that the debt has become my responsibility by virtue of my promise?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
The established principle is that a father's debt is to be repaid from his own wealth, if he possesses sufficient means. As for the promise made by the son to repay it on his father's behalf, fulfilling such a promise is strongly recommended, and breaking it is considerably disliked. Shaykh al-Islām Imām al-Nawawī, may Allah have mercy upon him, states: "Fulfilling a promise is emphatically recommended, and breaking it is severely disliked. The evidences for this from the Qurʾān and the Sunnah are well known." [Rawḍat al-Ṭālibīn,Vol. 2/P.278] Shaykh al-Islām Imām Zakariyyā al-Anṣārī, may Allah have mercy upon him, further states: "The reason fulfilling a promise is not obligatory and breaking it is not forbidden is that a promise is in the nature of a gift, and a gift does not become binding except upon receipt." [Asnā al-Maṭālib fī Sharḥ Rawḍ al-Ṭālib,Vol. 2/P.487]
Given that the son does not possess the financial means to fulfil his promise to his father, breaking this promise falls beyond his capacity — and Allah does not burden a soul beyond what it can bear. Since the father himself possesses sufficient wealth to settle his own debt, repayment must be made from his own funds. Should he pass away before doing so, the debt is to be settled from his estate. And Allah the Almighty knows best.

What is the ruling on performing ablution (wudu') and ritual bathing (ghusl) with Zamzam water?

It is permissible to perform ablution and ritual bathing with Zamzam water. However, scholars disliked using it for cleaning after relieving oneself (istinja'). And Allah the Almighty knows best.

What is the ruling of Islamic Law on performing ṭawāf on the upper floors of al-Masjid al-Ḥarām, given that these floors are situated above the level of the Ka‘bah, and that the one performing ṭawāf passes by certain barriers, such as pillars and walls, during the ṭawāf?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
There are numerous conditions for the validity of ṭawāf (circumambulation around the Ka‘bah), among them: that the one performing ṭawāf be inside the Masjid (al-Masjid al-Ḥarām) — even if the Masjid has been expanded, so long as the expansion does not extend out into al-ḥill (land outside the sanctuary boundaries). It suffices for the ṭawāf to be performed in the airspace of the Masjid or upon its roof, even if that roof is higher than the Ka‘bah (the House) itself.
Al-Khaṭīb ash-Shirbīnī (raḥimahullāh) said: "It [ṭawāf] is valid upon the roof of the Masjid, even if the roof of the Masjid is higher than the House — just as prayer [is valid] upon Mount Abū Qubays despite its elevation above the House. This is the relied-upon (mu‘tamad) position." [Mughnī al-Muḥtāj, Vol.2/P.246]
The validity of the tawaf isn`t affected by the pillars and walls standing between the one performing ṭawāf and the House, since the condition is only that the person performing ṭawāf be within the boundaries of the Masjid and outside the boundaries of the Ka‘bah itself.
Ash-Shirbīnī said: "It [ṭawāf] is valid inside the Masjid, even if it is expanded, and even if a barrier stands between the one circumambulating and the House — such as a water-supply structure (saqāyah) or pillars (sawārī)." [Mughnī al-Muḥtāj, Vol. 2/P.246]
Accordingly, ṭawāf performed on the upper floors is valid, and the presence of barriers such as pillars and walls during the ṭawāf does not affect its validity. And Allah, the Exalted, knows best.

What is the ruling on performing the night prayer (*qiyām al-layl*) between the first and second adhān of Fajr? And which is better: delaying the prayer until shortly before the Fajr adhān, or performing it earlier than that?

 

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
The time for night prayer (qiyām al-layl) begins after the Maghrib prayer and lasts until the second adhān of Fajr. The best time for it is the last third of the night, and best of all are the fourth and fifth sixths of the night. If the night is divided into two halves, the latter half is better.
Whoever intends to pray at night is encouraged to delay the Witr until he has prayed the night prayer. If he knows that he will not wake up, it is better for him to pray and perform Witr before sleeping, so that he does not miss both the night prayer and the Witr.
It is stated in Mughnī al-Muḥtāj (Vpl.1/p.462): “I say: The voluntary prayer of the night, that is, the absolute voluntary prayer (al-nafl al-muṭlaq), is better than the absolute voluntary prayer of the day, because of the report in Muslim: ‘The best prayer after the obligatory prayer is the night prayer.’ In another narration of his: ‘In the night there is an hour that no Muslim man meets while asking Allah for any good of this world and the next except that He gives it to him, and that is every night.’ It is also because the night is a time of heedlessness. I restricted the voluntary prayer to the absolute kind following the commentator, although what the ḥadīth and the underlying meaning require is that the night rawātib be preferred over the day rawātib, since the jurists preferred the two rakʿahs of Fajr over everything except Witr. The middle of the night is better than its two ends if it is divided into thirds, because heedlessness is greatest then and worship is hardest. If he wishes to pray during some third, the best is the fourth and fifth sixths, based on the ḥadīth in the two Ṣaḥīḥs: ‘The most beloved prayer to Allah the Exalted is the prayer of Dāwūd: he would sleep half the night, stand for a third of it, and sleep for a sixth.’ Then the latter part is better than the first if he divides it into two halves, because of the saying of Allah the Exalted: ‘And in the hours before dawn they would ask forgiveness’ [al-Dhāriyāt: 18], and the report of the two Shaykhs: ‘Our Lord, Blessed and Exalted, descends,’ meaning His command descends, ‘to the lowest heaven when the last third of the night remains, and says: Who calls upon Me, that I may answer him? Who asks of Me, that I may give him? Who seeks My forgiveness, that I may forgive him?’”
It is also stated in ʿUmdat al-Sālik (p. 60): “It is better to perform it [the Witr] immediately after the sunnah of ʿIshāʾ, unless he has tahajjud, in which case it is better to delay it so that he performs Witr after it. If he performs Witr and then wishes to pray tahajjud, he prays two rakʿahs at a time and does not repeat the Witr, nor does he need to cancel it with a single rakʿah before the tahajjud. It is recommended that he not deliberately pray after it.”
Qiyām al-layl is a term applied to any prayer performed at night. Tahajjud, on the other hand, refers to the night prayer that follows sleep, whether it is prayed after Maghrib or after ʿIshāʾ, or the prayer performed after ʿIshāʾ without sleep. On this basis, the Witr is also called tahajjud, since it is only prayed after ʿIshāʾ.
It is stated in al-Majmūʿ (Vol.4/p.84): “The sound position, as stated in al-Umm and al-Mukhtaṣar, is that the Witr is called tahajjud.”
It is stated in Nihāyat al-Zayn (Vol.1/p.114): “Among the absolute voluntary prayers is qiyām al-layl. If it is performed after sleep, even during the time of Maghrib and after having prayed ʿIshāʾ early (taqdīman), it is called tahajjud.”
And it is stated in Ḥāshiyat al-Bujayrimī ʿalā al-Khaṭīb (Vol.1/p.418): “His statement: ‘(the night prayer)’: the genitive construction (iḍāfah) carries the sense of fī, meaning a prayer in the night. His statement: ‘(it would be more fitting)’: the reason it is more fitting is that the night prayer includes both tahajjud and other prayers.” And Allah Almighty knows best.

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