The Significance of Voting in the Light of the Sharī'āh

The elections should not be considered lightly, as merely a game or a worldly pursuit wherein someone wins and someone loses. It should not be perceived as being a victory or loss in terms of worldly, and material gain alone. Beneath all this machinery and mechanism of the voting and electoral process there is also the spiritual aspect of either abiding by or transgressing the Divine Laws of Shari'āh.

In the light of Shari’āh, casting of votes bears the hallmark of very important responsibilities viz.:

 

1. Voting as a form of testimony (Giving Shahadah):

Firstly, voting is a testimonial. By voting for a certain candidate or party, the voters are indirectly, testifying to the credibility, of that candidate or party. We, as voters, would be certifying that the party, in whose favour you are casting our votes is capable of delivering the goods in as far as Islāmic values and ideas are concerned. That party will endeavour and fight for the preservation and survival of our Islāmic Beliefs, Laws, Norms and Values. It will not interfere with our Beliefs and Places of Worship. It will give us the freedom and right to implement rulings and judgements in religions issues in accordance with the Muslim Personal Law. It will uphold Islāmic values such as eradicating oppression and fostering good character, peace and harmony among the people.

 

2. Choosing "Lesser of two calamities" if confronted with a choice:

We are in a unique situation where all the parties are non-Islāmic and secular parties will not be able to guarantee all our Islāmic requirements and demands in their entirety. It would be naive to expect that perhaps some party will oblige by guaranteeing most of them in which case the voter could then opt for a decision less detrimental to Deen. Rasulullah sallallahu alaihi wasallam has said: "He who is confronted with two crucial decisions should opt for the decision that is less detrimental." [Kashful khina Lil Ajlooni vol... 2, 322 and Asrārul Marfooāh, Mulla Ali Qari 323].

 

3. Voting for a party less capable of fulfilling the rights of Muslims is a breach of trust (Amanah):

Since seeing that voting is a testimony (giving shahadah) and being aware that a particular party will be more willing to fulfil our Islāmic rights, not to vote for this party will be tantamount to transgression and breach of trust in the eyes of Shari’ah. Voting for a party that is less sympathetic to the Islāmic cause would not only mean giving false evidence (which is a sin), but it could also mean becoming an instrument and tool of ensuing havoc and corruption caused by that party in as far as the complete disregard of Islāmic values and ideas is concerned.

 

4. Voting and bribery (Rishwah):

One should also take cognisance of the fact that it has virtually become a norm of the elections albeit a corrupted norm that ill order to woo voters, parties tend to offer bribes in exchange for votes. Such bribes should be, rejected with the contempt they deserves. Voting should be based on total integrity and sincerity wherein priority should be given to upholding the torch of Islām. The honour and dignity of the Muslims should be maintained at all times. The Deenul Islām entrusted to us by Allāh Ta'āla as a should be viewed not only as a boon but also as an awesome responsibility; hence extreme caution and diligence should be exercised in keeping its prestige aloft. One cannot surrender one’s Islāmic ethics for the sake of pittance of the Dunya. Rasulullah sallallah alaihi wasallam has warned us in a Hadith that a time will come when a Muslim will sell his Deen for a few coppers. Hence, if a Muslim exercises his right of voting, he should do so keeping the consequences of the it as something to be done impromptu merely because it is a custom of the times or because ulterior motives can be achieved thereby.

 

5. Voting as a form of intercession (Shafa’at):

Another aspect attached to voting is that it is a form of intercession. In other words the voter intercedes for a certain party to come into a position where it wields its power to acquire religious and other basic rights for the masses. Regarding intercession the Qur’ān declares: "Whosoever intercedes with good intercession, his shall be portion therefrom and whosoever intercedes an ill intercession his shall bear a responsibility thereof." (Al-Qur'ān 4:85)

The ideal intercession in an electoral process would be to intercede on behalf of the party deemed most likely to safeguard Islāmic rights in particular and human rights in general. Incorrect and misleading intercession would mean voting and interceding for a party, that would be unsympathetic to the tenets and requirements of Islām. For instance, it would not be permissible to vote for a party that shows complete indifference to Islāmic Personal Law or/and clings to the now medieval policy of discrimination on the basis of colour and race as such policies and doctrines are in total conflict with Islāmic teachings. Interceding for such a party would mean becoming a tool of oppression and injustice.

 

6. Voting must not be an aid to injustice:

Allāh Ta’āla says in the Qur’an:

"And assist one another in acts of righteousness and piety and do not assist one another in acts of transgression and sin." (Al-Qur'ān 5:2) "I do not wish to be an aid to the wrongdoers." (Al-Qur'ān28:17).

Commenting on the latter verse Allamah Qurtabi rahmatullahi alaihi writes in his tafseer: "Atā rahmtullahi alaihi has said regarding this verse that it is not permissible to render any assistance to a tyrant and an oppresssor." Allamah Qurtabi rahmatullahi alaihi further goes on to quote a Hadith in which Rasulullah sallallahu alaihi wasallam has said: "Whosoever walks with an oppressed person in order to assist him in promoting evil, Allāh Ta'āla will cause his feet to falter on the Day when other feet will also falter." After quoting this Hadith Allamah Qurtabi rahmatullahi alaihi sums up: "Merely, walking (or talking and negotiating for that matter) with an oppressor is not in itself a crime and sin (especially when the motive is to steer the oppressor away from acts of oppression) but it becomes a sin when one begins to assist him in spreading oppression and tyranny because this constitutes a flagrant violation." Tafsīr-e-Qurtabi, Vol 7. 4979).

In a Hadith Rasulullah sallallahu alaihi wasallam has sounded a grave warning with regard to oppression: "Whoever oppresses his brother (in this Dunya), whether it be in the form of usurping someone's wealth or in any other manner, he should compensate and make up for that before a Day comes (the Day Qiyamah) when there will be no Dirham or Dinār [money] at his disposal with which to redeem himself. Mere compensation will materialise in the form of righteous deeds being taken from the oppressor (in proportion to the injustice perpetrated) and given. If perchance the oppressor has no good deeds to his credit, then the oppressed person's sins will be taken and thrown onto the oppressor." (Sahih Bukhari: Mishkāt p. 435)

 

7. Voting as a form of representation:

Voting is also attached to the principle of representation voting for a certain party, one is in essence appointing that party as a representative for one's Islāmic and human rights. Here too, extreme caution has to be exercised. Only that party should be considered eligible for representation that can strive for the implementation of our Islāmic rights. Incorrect representation will ultimately lead to corruption and depravity and will not merely be confined to individuals, but will have a broader effect on the Muslim community as a whole.

 

8. Voting as a form of consultation(Mashwarah):

Shura means to give counsel. Thus a prospective voter is offering his suggestion as to who, in his opinion is the most entitled to receive the vote.

Our choice is limited to secular non-Islāmic parties, the argument comes to mind that by voting for one of these parties, one would not only be participating in non-Islāmic politics, but it will also be befriending non-Muslims on their political platform. In this regard the Qur'ānic injunctions indicate that it is not permissible to build ties of friendship with the non-Muslims. For instance, one verse states: "O you who believe! Do not take unto yourselves the infidels as friends, while leaving aside the Believers." (Al-Qur'ān 4:44)

In another verse Allāh Ta'āla states: "O you who believe! Do not take unto yourselves, mine and your enemies as friends." (Al-Qur'ān 60).

But together with these verses, we should also consider another verse wherein befriending the non-Muslims under certain conditions and circumstances seem to be sanctioned. Allāh Ta'āla says: "Let not the believers take unto themselves the infidels as friends while leaving aside the Believer. And whosoever does that then he is not in respect of Allāh in ought unless indeed you fear from them a danger." (Al-Qur'ān 3:28)

According to the rules outlined by the Ulama, an exemption that follows a prohibited act is such that although it may not indicate obligation of that act in the exempted situation, it will denote its permissibility. Hence, the above verse alludes that under certain conditions and circumstances, if expediency requires befriending the non- Muslims, it should be permissible.

Such circumstances could include the situation where we fear that our religious rights will not be fully preserved and upheld unless we align ourselves with a movement albeit a non-Muslim movement, that will strive to protect and secure our religious rights. In other words, as long as our friendship with the non-Muslim is curtailed to necessity, and expediency and does not blossom to a bosom relationship whereby we become inclined to their warped (religious) ideals and place our Imān into jeopardy (may Allāh forbid!), it would be permissible to befriend and enlist their assistance in realising our religious goals. In short, our friendship with them or voting for them will not be on the basis of their Christian, Jewish or Communist backgrounds. It will not be on the basis of showing approval for their twisted ideologies but only on the basis that we may secure our rights and possibly show them through a practical example the beauty of Islām and its characteristic teachings. This is also a way of extending an invitation towards Islām, the true religion.

Hence, commenting on the above verse Allamah Qurtabi rahmatullahi alaihi writes in his Tafsīr: "Hadrat lbne Abbās radhiallahu anhu said regarding this verse that it expounds the permissibility of verbally aligning oneself with the non- Muslims provided that imān remains firmly entrenched in one's heart and one does not join such non-Muslims in promoting bloodshed and other injustices and acts of transgression. Another exposition of this verse refers to the scenario where a Muslim resides in a predominantly non-Muslim society that in such a situation it would be permissible to display an affable nature and politeness when mingling with them, especially when one fears harm to one's person and religion by remaining aloof and estranged from them." (Tafsīr-e-Qurtabi Vol. 3, p. 1299)

Hadrat Moulana Abdul Mājid Daryabādi rahmatullahi alaihi, commenting on the same verse writes: "Friendship implies nearness of heart and this sort of friendship with the non-Muslims is absolutely forbidden to the Muslims. Such isolation from disintegrating forces is imperative as a prerequisite for the solidarity of the Islāmic Community."

This, however, does not preclude affability, of manners and politeness of speech. (Hence) real friendship is out of the question; only an alliance is permitted in times of danger. (Tafsīr-e-Mājidi).

Imām Muslim rahmatullahi alaihi has recorded in his Sahih certain pieces of advice that Rasulullah sallallahu alaihi wassallam gave to the Sahabah radhiallahu anhum prior to his demise. One of those pieces of advice being:

"And show courtesy and politeness to the emissaries and delegations just as I used to do." (Sahih Muslim Vol. 2 p. 43)

Rasulullah sallallahu alaihi wasallam used to treat the non-Muslim delegations that came to Madina Munawwarah with kindness and hospitality, as there was the need to bring them closer to Islām. In a similar vein today too, it would be permissible to maintain links with the non-Muslims if it is envisaged that there will be benefit to Islām and the Muslims.

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