RULING ON
DEMOCRACY, ELECTIONS AND PARTICIPATING
BRIEF MASJID NASIHA – BY
BRO. MALLAM ABBA ABANA,
MASJID
PLOT 94 ODUDUWA CRESCENT, PHASE 2 SITE 2, KUBWA
http://variousislamicdawadocuments.blogspot.com
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1ST
JANUARY 2017 CE (2ND RABBIUL THANI 1438 AH)
In the Name of Allah,
Most Gracious, Most Merciful
Bismillah Walhamdulillah Was Salaatu Was Salaam 'ala Rasulillah. As-Salaam Alaikum Wa-Rahmatullahi Wa-Barakatuhu
Praise be to Allaah; we
seek His help and His forgiveness. We seek refuge with Allaah from the evil of
our own souls and from our bad deeds. Whomsoever Allaah guides will never be
led astray, and whomsoever Allaah leaves astray, no one can guide. I bear witness that there is no god but
‘’Allaah’’, and I bear witness that Muhammad is His slave and Messenger.
In Nigeria we have democracy; Muslims and non-Muslims politicians taking part
to be role models. These components comprise all facets from Federal to State to
local government councilors representing 36 states plus Federal capital and 774
local government areas. Based on Islamic religion, what is the ruling on
democracy and taking a leadership role in parliament (Senate and House of Representatives)
and other levels of government?
1.0 MUSLIM TAKING PART IN ELECTIONS WITH
NON-MUSLIMS – SPECIAL REFERENCE TO NIGERIA
This issue
is one that is subject to ijtihaad.
Ijtihaad
in Islam means striving to understand the shar’i ruling on the basis of shar’i
evidence. It is obligatory for the one who is able to do it, because Allaah,
may He be glorified and exalted, says (interpretation of the meaning): “So
ask of those who know the Scripture, if you know not”[Holy Quran Chapter al-Nahl
16:43 and al-Anbiya’ 21:7].
And we must weigh up the interests and
benefits that we hope the Muslims may attain from this participation and the
harm that may result from it.
If the
benefits outweigh the harms, then it is permissible to take part, but if the
harms outweigh the benefits, then it is not permissible to take part.
Based on
this, the ruling differs depending on the situation, the system of voting and
the people involved. Taking part may be beneficial to the Muslims in one
country, and not in another. The same applies to individuals.
The Fiqh
Council has issued a statement on this issue: Participation of Muslims in
elections with non-Muslims, the text of which is as follows:
The
Islamic Fiqh Council in its nineteenth session, which was held in the
headquarters of the Muslim World League in Makkah al-Mukarramah between 22 and
27 Shawwaal 1428 AH (3 to 8 November 2007 CE) has examined the issue of
“Participation of Muslims in elections with non-Muslims in non-Muslim
countries.” This is one of the topics on which discussion was deferred in the
sixteenth conference which was held between 21 and 26 Shawwaal 1422 AH in order
that it may be examined more thoroughly.
After
listening to the research that was presented and the discussions concerning it,
the Council has determined the following:
1)
Muslim participation in
elections with non-Muslims in a non-Muslim country is one of the Shar’i
political matters in which the ruling is determined in the light of weighing up
the pros and cons, and Fatwas concerning it differ according to time, place and
circumstances.
2)
it is permissible for a Muslim
who enjoys the rights of citizenship in a non-Muslim country to take part in
elections and the like because it is more likely that his participation will
bring benefits such as presenting a true picture of Islam, defending Muslim
issues in that country, supporting the rights of religious and other
minorities, strengthening their role in circles of influence, and cooperating
with reasonable, fair-minded people on a basis of truth and justice. That
should be in accordance with the following guidelines:
a)
The Muslim participants should
intend thereby to serve the interests of the Muslims and ward off evil and harm
from them.
b)
The Muslim participants should
think it most likely that their participation will have positive effects that
will benefit the Muslims in that country, such as supporting their position,
conveying their requests to the decision makers and those who are in charge of
the country, and protecting their religious and worldly interests.
c)
The Muslim’s participation in
these elections should not lead to him neglecting his religious duties.
2.0 ISLAMIC RULING ON DEMOCRACY AND ELECTIONS
AND PARTICIPATING IN THAT SYSTEM
In Islam, Democracy
is a man-made system, meaning rule by the people for the people and is contrary
to Islam, because rule is for Allaah, the Most High, the Almighty, and it is
not permissible to give legislative rights to any human being, no matter who he
is.
It says in
Mawsoo’at al-Adyaan wa’l-Madhaahib al-Mu’aasirah (2/1066, 1067):
Undoubtedly
the democratic system is one of the modern forms of shirk, in terms of
obedience and following, or legislation, as it denies the sovereignty of the
Creator and His absolute right to issue laws, and ascribes that right to human
beings. Allaah says (interpretation of the meaning): “You do not
worship besides Him but only names which you have named (forged) — you and your
fathers — for which Allaah has sent down no authority. The command (or the
judgement) is for none but Allaah. He has commanded that you worship none but
Him (i.e. His Monotheism); that is the (true) straight religion, but most men
know not” [Holy Quran Chapter Yoosuf 12:40] and “The decision is only for
Allaah” [Holy Quran Chapter al-An’aam 6:57] . End quote.
The one
who understands the true nature of the democratic system and the ruling
thereon, then he nominates himself or someone else (for election) is approving
of this system, and is working with it, is in grave danger, because the
democratic system is contrary to Islam and approving of it and participating in
it are actions that imply apostasy and being beyond the pale of Islam.
But as for
the one who nominates himself or nominates others in this system in order to
join the parliament and enjoin good and forbid evil, and establish proof
against them, and reduce its evil and corruption as much as he can, so
that people of corruption and disbelievers in Allaah will not have free rein to
spread mischief in the land and spoil people’s worldly interests and religious
commitment, this is a matter that is
subject to ijtihaad as per above section 1.0, according to the interests that
it is hoped will be served by that.
Some
scholars are even of the view that getting involved in these elections is
obligatory. In line with that Shaykh Muhammad ibn ‘Uthaymeen (may Allaah
have mercy on him) was asked about the ruling on elections, and he replied: I
think that elections are obligatory; we should appoint the one who we think is
good, because if the good people abstain, who will take their place? Evil
people will take their place, or neutral people in whom there is neither good
nor evil, but they follow everyone who makes noise. So we have no choice but to
choose those who we think are fit.
If someone
were to say: We chose someone but most of the parliaments are not like
that, we say: It does not matter. If Allaah blesses this one person and
enables him to speak the truth in this parliament, he will undoubtedly have an
effect. But what we need is to be sincere towards Allaah and the problem is
that we rely too much on physical means and we do not listen to what Allaah
says. So nominate the one who you think is good, and put your trust in Allaah.
End quote. From Liqaa’aat al-Baab al-Maftooh, no. 210. http://www.ibnothaimeen.com/all/sound/article_16230.shtml.
The
scholars of the Standing Committee for Issuing Fatwas were asked:
Is it
permissible to vote in elections and nominate people for them? Please note that
our country is ruled according to something other than that which Allaah
revealed?
They
replied: It is not permissible for a Muslim to nominate himself in the
hope that he can become part of a system which rules according to something
other than that which Allaah has revealed and operates according to something
other than the Sharee’ah of Islam. It is not permissible for a Muslim to vote
for him or for anyone else who will work in that government, unless the one who
nominates himself or those who vote for him hope that by getting involved in
that they will be able to change the system to one that operates according to
the Sharee’ah of Islam, and they are using this as a means to overcome the
system of government, provided that the one who nominates himself will not
accept any position after being elected except one that does not go against
Islamic sharee’ah. End quote.
Shaykh
‘Abd al-‘Azeez ibn Baaz, Shaykh ‘Abd al-Razzaaq ‘Afeefi, Shaykh ‘Abd-Allaah ibn
Ghadyaan, Shaykh ‘Abd-Allaah ibn Qa’ood. Fataawa al-Lajnah al-Daa’imah
(23/406, 407.
They
replied: The Muslims in a country that is not governed according to
Islamic sharee’ah should do their utmost and strive as much as they can to
bring about rule according to Islamic sharee’ah, and they should unite in
helping the party which is known will rule in accordance with Islamic
sharee’ah. As for supporting one who calls for non-implementation of Islamic
sharee’ah, that is not permissible, rather it may lead a person to kufr,
because Allaah says (interpretation of the meaning):
“And so judge (you O Muhammad صلى الله عليه وسلم) among them by what Allaah has revealed and follow not their vain desires,
but beware of them lest they turn you (O Muhammad صلى الله عليه وسلم) far away from some of that which Allaah has sent down to you. And if
they turn away, then know that Allaah’s Will is to punish them for some sins of theirs. And truly, most of men
are Faasiqoon (rebellious and disobedient to Allaah). Do they then seek
the judgement of (the days of) Ignorance? And who is better in judgement than
Allaah for a people who have firm Faith” [Holy Quran Chapter al-Maa'idah
5:49-50].
Hence when
Allaah stated that those who do not rule in accordance with Islamic sharee’ah
are guilty of kufr, He warned against helping them or taking them as allies
or close friends, and He commanded the believers to fear Him if
they were truly believers. He says (interpretation of the meaning): “O
you who believe! Take not as Awliyaa’ (protectors and helpers) those who take
your religion as a mockery and fun from among those who received the Scripture
(Jews and Christians) before you, and nor from among the disbelievers; and fear
Allaah if you indeed are true believers” [Holy Quran Chapter al-Maa’idah 5:57] .
And Allaah
is the Source of strength. May Allaah send blessings and peace upon our Prophet
Muhammad and his family and companions. End quote.
Standing
Committee for Academic Research and Issuing Fatwas. Shaykh ‘Abd al-‘Azeez ibn
Baaz, Shaykh ‘Abd al-Razzaaq ‘Afeefi, Shaykh ‘Abd-Allaah ibn Ghadyaan. Fataawa
al-Lajnah al-Daa’imah (1/373).
3.0 CONCEPT OF DEMOCRACY IN ISLAM
Democracy
is not an Arabic word. Rather it is derived from the Greek, and it is a
composite of two words: demos, meaning the masses or the people, and kratia,
meaning rule. So what is meant is the rule of the masses or the rule of the
people.
Democracy is a system that is contrary to Islam, because it gives the
power of legislation to the people or to those who represent them (such as
members of Parliament). Based on that, in democracy legislative authority is
given to someone other than Allah, may He be exalted; rather it is given to the
people and their deputies, and what matters is not their consensus but the
majority. Thus what the majority agree upon becomes laws that are binding on
the nation, even if it is contrary to common sense, religious teaching or
reason. In these systems legislation has been promulgated allowing abortion,
same-sex marriage and usurious interest (riba); the rulings of sharee‘ah have
been abolished; and fornication/adultery and the drinking of alcohol are
permitted. Currently Senate
‘Reworked’ Gender Equality Bill and got second reading in Nigerian Senate, thereby
Gender Equality Bill ‘will be reintroduced’ and Sharia Law
of Inheritance is abolished.
In fact
this system is at war with Islam and its followers.
Allah, may
He be exalted, has told us in the His Book that legislative authority belongs
to Him alone, and that He is the wisest of those who issue rulings and judge.
He has forbidden the association of anyone with Him in His authority, and no
one is better than Him in ruling.
Allah, may
He be exalted, says (interpretation of the meaning): “So the judgement is
only with Allah, the Most High, the Most Great!” [Holy Quran Chapter Ghaafir
40:12]
“The command (or the judgement) is for none but Allah. He has commanded
that you worship none but Him (i.e. His Monotheism), that is the (true)
straight religion, but most men know not” [Holy Quran Chapter Yoosuf 12:40]. “Is
not Allah the Best of judges?” [Holy Quran Chapter at-Teen 95:8].
“Say: ‘Allah knows best how long they stayed. With Him is (the knowledge
of) the unseen of the heavens and the earth. How clearly He sees, and hears
(everything)! They have no Walee (Helper, Disposer of affairs, Protector, etc.)
other than Him, and He makes none to share in His Decision and His Rule’” [Holy
Quran Chapter al-Kahf 18:26]
“Do they then seek the judgement of (the Days of) Ignorance? And who is
better in judgement than Allah for a people who have firm Faith?” [Holy Quran Chapter
al-Maa’idah 5:50].
Allah, may
He be glorified and exalted, is the Creator of all things and He knows what is
good for them and what is in their best interests of rulings. Human beings vary
in intellect, attitude and customs, and they are unaware of what is best for
them, let alone what is best for others. Hence in societies that are ruled by
the people in terms of legislation and laws, one sees only corruption,
immorality and disintegration of the social fabric.
It should
be noted that in many countries this system has changed into something that has
no reality behind it, and it is mere slogans by which people are deceived; in
fact the real ruler is the head of state and his helpers, and the people are
suppressed and have no say in anything.
There is
nothing more indicative of that than the fact that when this democracy produces
results that do not suit the desires of the rulers, they crush it underfoot.
Cases of election fraud, suppression of freedoms and silencing of the voices of
those who speak the truth are well known to everyone and do not need further proof.
This is
very clear in many countries and does not need any proof.
It says in
Mawsoo‘ah al-Adyaan wa’l-Madhaahib al-Mu‘aasirah (2/1066):
Representative
democracy:
This is
one of the democratic systems in which the people exercise authority through a
council of elected representatives of the people. In this system the people
retain the right to exercise some aspects of authority directly by various
means, the most important of which are:
1.
The right to propose laws, which is done when a number of people propse a law
in general terms or in detail, which the parliament will then discuss and vote
upon.
2.
The right to a referendum, whereby a law that has already been approved by
Parliament is presented to the people so that they can have their say.
3.
The right of objection, whereby a number of voters defined by the Constitution
have the right to object to a law within a certain period after it has been
passed, which will result in taking the matter to the people for a general
referendum; if the people agree with it, it will be promulgated, otherwise it
will be annulled. This is included in most modern constitutions.
Undoubtedly
democratic systems are one of the modern forms of shirk, in terms of obedience
and submission, or in legislation, as it disregards the authority of the
Creator, may He be glorified and exalted, and His absolute right of
legislation, and regards that as one of the rights of created beings. But
Allah, may He be exalted, says (interpretation of the meaning): “You do not
worship besides Him but only names which you have named (forged), you and your
fathers, for which Allah has sent down no authority. The command (or the
judgement) is for none but Allah. He has commanded that you worship none but
Him (i.e. His Monotheism), that is the (true) straight religion, but most men
know not.” [Holy Quran Chapter Yoosuf 12:40]
“Say (O Muhammad SAW): "I am on clear proof from my Lord (Islamic
Monotheism), but you deny (the truth that has come to me from Allah). I have
not gotten what you are asking for impatiently (the torment). The decision is
only for Allah, He declares the truth, and He is the Best of judges.” [Holy Quran
Chapter al-An ‘aam 6:57]. End quote.
Many
people think that the word democracy means freedom! But this is incorrect
because freedom is one of the by-products of democracy.
What we
mean by freedom here is freedom of belief, freedom of decadence, and freedom of
expression, and these also have many negative impacts on Muslim societies,
because matters have gone so far that aspersions are cast upon the Messengers
and the messages, and upon the Qur’an and the Sahaabah, on the grounds of
freedom of opinion; and wanton display and uncovering are tolerated, and
indecent images and movies are propagated on the grounds of freedom. Many such
things are happening, of which there is a long list, all of which are playing a
part in the corruption of the ummah, morally and spiritually.
Even that
freedom for which countries are calling by means of democratic systems is not
absolute.
We see
whims and desires, and vested interests, behind the limitations on those
freedoms. At the time when their systems tolerate aspersions upon the Prophet
Muhammad (blessings and peace of Allah be upon him) and the Qur’an, on the
grounds of freedom of expression, we find that this freedom is denied when
speaking about matters such as the “Nazi Holocaust of the Jews”! In fact anyone
who denies this Holocaust is treated as a criminal and put in prison, even
though it is a historical matter that may be denied.
If these
people really are promoting freedom, then why do they not let the Muslim
peoples choose their own path and religion? Why did they colonize their lands
and play a role in changing their religion and beliefs? What do these freedoms
have to do with Italy’s slaughter of the Libyan people, or with France's
slaughter of the Algerian people, or with Britain’s slaughter of the Egyptian
people, or with America’s slaughter of the Afghan and Iraqi peoples?
According
to those who promote it, freedom may be subject to several restrictions,
including the following:
1.
The law. Man does not have absolute freedom to drive in the opposite direction
to traffic in the street, or to open a shop without a license, and if he says
“I am free,” no one will pay any attention to him.
2.
Custom. A woman in their countries – for example – cannot go to offer
condolences to the bereaved wearing a bathing suit. If she says “I am free”,
the people will look down on her and throw her out, because it is contrary to
custom.
3.
Public taste. One of them – for example – cannot eat and pass wind in front of
people, or even burp! The people will look down on him even if he says, “I am
free.”
Furthermore,
we say:
Why
shouldn’t our religion restrict our freedom, as their freedom is restricted by
things that they cannot deny? Undoubtedly what is taught by Islam is that which
is in people’s best interests. If a woman is forbidden to make a wanton
display, or if the people are forbidden to drink alcohol and eat pork, and so
on, all of that is in their best interests, physically and mentally, and for
their general welfare. But they refused to restrict their freedom if the
injunction comes from religion, but they say “we hear and we obey” if it comes
from human beings like them or from a (man-made) law.
Some
people think that the word democracy is equivalent to shoora (consultation) in
Islam! This is a mistaken notion for many reasons, including the
following:
1.
Shoora has to do with new matters that arise or with matters that are not
explained in detail in the texts of the Qur’an or Sunnah. With regard to the
“rule of the people”, the people may discuss what is well-established in
religion, which may lead to refusing to acknowldge the prohibitions on that
which is forbidden, and to forbidding that which Allah has permitted or made
obligatory. So the sale of alcohol is permitted according to these laws, as are
fornication/adultery and riba (usury), but these laws put pressures on Islamic
organizations and the activities of those who call people to Allah. This is
diametrically opposed to sharee‘ah, so what does this have to do with shoora?
2.
The majlis ash-shoora (consultative committee) is to be formed of people who
have a deep knowledge of fiqh, Islam and sharee‘ah, fahm, and have a high level
of piety and good character. So no one who is of bad character or foolish, or
is a disbeliever or atheist, is to be consulted or involved in the shoora
process. As for the democratic councils of representatives, they pay no
attention to any of the con ditions mentioned above. The representative may be
a disbeliever, or of bad character or foolish. What does this have to do with
shoora as prescribed in Islam?
3.
Shoora is not binding upon the ruler; the ruler may give precedence to the view
of one member of the council that is supported by proof, and prefer his view
over that of the other council members, whereas in the case of representative
democracy, the agreement of the majority becomes legally binding upon the
people.
Once this
is known, then what the Muslims must do is be proud of their religion and trust
that the rulings of the Lord are best for them in this world and in the
Hereafter, and they should disavow systems that go against the laws of
Allah.
What all
other Muslims must do – rulers and ruled alike – is adhere to the laws of
Allah, may He be exalted, in all their affairs. It is not permissible for
anyone to follow a system or methodology other than Islam. One of the
indications of their acceptance of Allah as their Lord, Islam as their
religion, and Muhammad (blessings and peace of Allah be upon him) as their
Prophet and Messenger, is that the Muslims adhere to Islam outwardly and
inwardly; they respect the laws of Allah and follow the Sunnah of the Prophet
(blessings and peace of Allah be upon him).
We ask
Allah to honour us with Islam and to cause the plots of the traitors to
fail.
And Allaah
is the source of strength. May Allaah send blessing and peace upon our Prophet Muhammad
and his family and companions?
And Allaah
knows best.
Sources
https://islamqa.info/en/111898
https://islamqa.info/en/3062
https://islamqa.info/en/107166
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