What is the Islamic ruling on Muslims voting? |
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Abu_Senju
Newbie Islam Joined: 13 August 2020 Location: Nigeria Status: Offline Points: 18 |
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Posted: 03 September 2020 at 4:57am |
All scholars that value evidence and base their opinions on it agree voting for kufr parties who will participate in kufr systems is categorically prohibited. Some attempt to argue an exception through seeking benefits, necessity or lesser of two evils, none of which have been widely accepted.
Original Source Islamiqate
Background Muslims living in the West are confronted with problems not experienced historically. Questions regarding their roles, purposes and identities abound along with how to engage with society. Nothing has created so much heated debate as political participation in secular democratic systems and voting for non-Islamic political parties. This answer considers voting and political participation in the UK context along with the political forces and influences surrounding the process, critiquing the juristic arguments used to justify or prohibit such practices and concluding on ways for Muslims to effectively and legitimately engage with the political realities. This section lists some of the prominent legal arguments and evidences used by the scholars in relation to voting:
Few scholars take exception to the notions of mass elections or subjecting rulers to accountability – some scholars of the Wahabite/Salafite tradition being the notable exception. All object to absolute sovereignty residing with "the people", believing sovereignty belongs to Allah and an interpretive and executive role for man. None dispute the prohibition of cooperating in sin and delegating someone to sin. For those who forbid voting they commence with the above premises and argue Muslims could not support or be members of British political parties as their ideologies, values and policies conflict with Islam. Support of such parties to enter parliament through voting would be forbidden as it is neither permitted to cooperate, delegate nor represent someone in sin and that which leads to sin is sinful. They reject secondary principles as unjustified given the existence of primary texts on the matter. They instead advocate political engagement to convey Islam through permitted means: lobbying, demonstrations, conferences, speeches and media engagement. Some even permit Muslims to stand as independent candidates for elections (or via Islamic parties) and to enter parliament for the purposes of admonishing the rulers or calling the establishment to Islam whilst abstaining from legislating or undertaking oaths. Scholars who legitimise voting utilise three distinct approaches:
The first two approaches do not recognise a problem with voting whilst the third acknowledges its evil nature but legitimises it. Differences also emerge on the Sharia ruling on voting varying from fard, mandub, mubah to waqf (and a number of other permutations). Concerns relating to non-Islamic political parties and collective legislation are generally circumvented through dislocating voting from its effects. Briefly some of the different views regarding political participation are summarised below with no single position achieving a majority – despite some scholars claiming a near consensus on the issue. The European Council for Research and Fatwa, Taha Jabir al-Alwani, Haitham al-Haddad, Salman Al-Awdah, Abduljalil Sajid, Ahmad Kutty, Muhammad Al-Mukhtar Al-Shinqiti and Aurangzeb Khan are amongst those who argue political participation to be a duty:
Ibrahim Mogra and Suhaib Hasan argue it is recommended:
Dr Jamal Badawi, Michael Mumisa, Muhammad ibn Adam, Ibrahim Desai, Sulayman Gani, Ibn Baz, Faisal al-Mawlawi, Ibn Uthaimin, Abu Eesa Niamatullah and al-Zuhaili argue its permissibility:
Mohammed al-Salih al-Munajjid's nuanced approach refrains from a blanket permission, arguing it to be at times prohibited, permitted or even obligatory:
Of the scholars who oppose political participation, all forbid it with some deeming it to be even kufr due to encroachment of legislation which is the right of Allah(swt) alone. Whilst Muhammad ibn Abdullaah al-Raymee states:
Imran Nazar Hosein posed:
Abd al-Qadir Ibn Abd al-Aziz refuting the fatwa of Ibn Baz said:
Kamal Abu Zahra, Taqi al-Din Nabhani, Abd al-Qadeem Zaloom and Ahmed Da'oor of Hizb ut-Tahrir argue:
Read here for more details.
Considering the juristic arguments, what does one make of them? Few have documented any considered analysis of the reality of voting. Assumptions and assertions abound making opinions suspect from the outset. Having analysed the notion of voting, it is widely understood it provides the mandate to enter parliament and assume the role of legislator. In Britain there appear to be no overriding or necessitating causal factors, so voting does appear to be haram. To delegate non-Islamic political parties (or their members) powers to legislate is not condonable regardless of the resultant benefits, as the Sharia works on the basis of imperatives and not causal results. Modernists have historically argued for political participation in non-Islamic systems across the Muslim world to Islamicise the systems. The assumption being some Islamic laws exist and the rulers were Muslim. However this assumption is hardly arguable in Britain and it is difficult to see why the Prophetic example does not apply. For those who pursue the voting route, the aims for most appear not to Islamicise the system or provide ideological solutions, but prevent adverse legislation or protect rights. Despite its tenuous legal reasoning, could voting provide a solution to even these modest aims? Voting alone has yet to prove such a case. There is little analysis of what adverse policies and legislation is to be combated or can be combated let alone what rights are in danger and need to be preserved. Nearly two decades of terrorism legislation has eroded most civil rights with no advantage having been seen from voting whatsoever. Voting appears to be ephemeral and overrated. Muslim demographics and voting habits are not conducive to a first past the post electoral system – leaving tactical voting as the only viable approach. With half of all constituencies containing safe seats for the main parties, immune to tactical voting, voting can at best deliver a small number of party affiliated MPs in marginal seats. Marginal seats however provide opportunities for other groups to use tactical voting as well reducing the scope for Muslims. Furthermore, party affiliated MPs suffer from stringent selection processes that filter out "undesirables", party and colleague pressures to conform and onerous whip systems that deal with miscreants. Rebels tend to be MPs with histories and strong constituent support – not unknown MPs elected on the basis of party brand. Thus MPs tend to end up being influenced instead of influencing even to the point of corruption – as seen in the cases of Muslim MPs. The reality and benefits of voting presented to jurists is at best misleading. The jurists who have provided permissions to "limit damage" by utilising principles to do what is necessary in matters forbidden, have not questioned the advocates of voting sufficiently, nor based their views on analytical research. Thus instead of limiting damage, the results to date have arguably increased damage rather than limiting it. Furthermore, they have inadvertently allowed their views to be used by all political persuasions for all forms of means and ends. From areas where political parties have been entrenched and Muslim votes will make no difference through to campaigns to enter the political system and subvert it all have taken the fataawa to support their actions. As one reader commented:
The Muslim community needs to understand their role in Britain and the West. The rise in Islamophobia driven by political and media figures is a rising existential danger. As a community that is fundamentally ideological in outlook, there is a need to communicate its views and values to society. To bring about substantive and real political change necessitates questioning the secular ideologies, institutions, policies, laws and processes of modern Britain. Problems of broken Britain, corrupt politicians and the credit crisis are reflective of fundamental problems with social, moral, economic and institutional structures and processes. Muslims need to consider the spectrum of available political action rather than being content with a vote every five years. Significant political events occur between elections which require responses. Muslims need to become ideological in their thinking, political in their actions and participate in society nationally and in a coordinated manner to have an impact. Socio-political change does not come about through one mode of action such as voting or one mode of thinking such as pragmatism – a constellation of legitimate, carefully considered strategies and activities need to be developed. al-Aawa, On the Political System of the Islamic State Reposted from Islamiqate |
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