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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

What is the ruling on a woman using contraception without her husband's knowledge if he is mistreating her?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
It is not permissible for a woman to use any means of delaying pregnancy without her husband's knowledge, consent, and mutual agreement. This is because having children is a sharʿī right belonging to both spouses equally in Islamic law. Imām al-Māwardī, may Allah have mercy upon him, stated: "The right to a child from a free woman is shared between them both" — meaning between the two spouses. [al-Ḥāwī al-Kabīr, 9/320]
It is therefore not permissible for either spouse to make a unilateral decision regarding the prevention of pregnancy without the consent of the other. We advise both spouses to discuss the matter with wisdom and mutual respect, so as to resolve any disagreement and arrive at a suitable solution that serves the interests of them both. And Allah the Almighty knows best.

What is the ruling of Islamic Law on kissing while fasting?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
It is prohibitively disliked (makrūh taḥrīman) for a husband to engage in foreplay with or kiss his wife during the daylight hours of Ramaḍān if doing so stirs his desire. If pre-seminal fluid (madhī) is released as a result, the fast is not invalidated; however, if seminal fluid (manī) is released, the fast is broken.
Imām al-Khaṭīb al-Sharbīnī, may Allah have mercy upon him, stated: "It is prohibitively disliked to kiss — whether on the mouth or elsewhere — for one whose desire is stirred, whether man or woman, to the extent that he fears it may lead to intercourse or ejaculation. Embracing, touching, and similar acts without a barrier carry the same ruling as kissing in this regard, because such acts expose the act of worship to being corrupted — and as the two Ṣaḥīḥs record: 'Whoever circles around a protected boundary is liable to fall into it.'"
He further added: "It is preferable for one whose desire is not stirred — even if he is a young man — to refrain from such acts as well, so as to close the door entirely. For he may believe his desire has not been aroused when in fact it has. Moreover, it is Sunnah for the fasting person to abstain from all desires without exception." — Summarised with minor adaptation from [Mughnī al-Muḥtāj]. And Allah the Almighty knows best.

In the Sharia-compliant viewing  at a prospective bride (*al-naẓrah al-sharʿiyyah*), is it permissible for the man to see the woman without a veil (*ḥijāb*)?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
It is sunnah for the suitor to see the woman he is seeking to marry within the limits the Sharīʿah permits, namely looking at the face and the hands (palms and backs), based on the saying of the Prophet (peace and blessings be upon him): “Look at her, for it is more likely to bring about harmony between you.” Narrated by al-Tirmidhī.
The suitor may also ask one of the women to look at the woman he is seeking to marry. In that case, she is permitted to see of her what she is normally permitted to see, which is not limited to the face and hands, and she then describes these matters to the suitor. It is narrated on the authority of Anas (may Allah be pleased with him) that the Prophet (peace and blessings be upon him) sent Umm Sulaym to look at a girl, and said: “Smell her breath, and look at her heels.” Narrated by Aḥmad in his Musnad.
It is stated in Tuḥfat al-Muḥtāj (Vol.7/p.192): “For one who cannot easily look, or does not wish to look himself, it is sunnah to send someone who is permitted to look at her, to observe her and describe her to him, even regarding what he himself is not permitted to look at. He thereby gains through the sending what he would not gain through looking. Because of the added need for this, it is excepted from the prohibition of a woman describing another woman to a man.”
The permissibility of looking is conditional upon his resolve to marry her once he is able to, his predominant assumption that his proposal will be accepted, and his assumption that the woman is free of marriage and of a waiting period (ʿiddah). Otherwise, looking is forbidden.
Accordingly, it is not permissible for the suitor to look at anything other than the face and hands. He may ask one of his maḥram women, such as his mother or sister, to see the woman unveiled, and the Sharia-compliant viewing (of a prospective bride) must take place in the presence of one of the woman’s maḥrams. And Allah Almighty 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.

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