IslamNewcastle

Democracy

What is the ruling on democracy and taking a leadership role in parliament or other levels of the democratical government? What is the ruling regarding voting for someone in democracy? How was the islamic state organized, and governed in the classical times?.

Praise be to Allaah.  Firstly: Democracy is a man-made system, meaning rule by the people for the people. Thus it 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” [Yoosuf 12:40]

“The decision is only for Allaah” [al-An’aam 6:57]

Secondly: 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, 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.

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 parliament 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   www.ibnothaimeen.com

The scholars of the Standing Committee for Issuing Fatawa in Saudi Arabia 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 were also asked: As you know, here in Algeria we have what are called legislative elections. There are parties which call for Islamic rule, and there are others that do not want Islamic rule. What is the ruling on one who votes for something other than Islamic rule even though he prays?

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) among them by what Allaah has revealed and follow not their vain desires, but beware of them lest they turn you (O Muhammad) 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” [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” [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.

Elections

Is it permissible for Muslim minorities to vote in the lands of non-Muslims? – 1

Shaykh Abdul Muhsin al-Abbaad / Trans: Tahir Wyatt

Is it permissible for Muslim minorities to vote in the lands of non-Muslims? – 2

Shaykh Wasiullaah Abbaas / Trans: Tahir Wyatt

www.madeenah.com

Is it permissible for Muslims to vote for kaafirs who seem to be less evil?

Some Muslims in a non Islamic country are asking if it is OK to participate in the elections there and vote for non Muslem groups or parties. They claim that it would serve the Muslem community there if a certain group won the elections?

In some cases it is wrong to vote, such as when the matter will have no effect on the Muslims, or when the Muslims have no effect on the outcome of the vote. In this case voting or not voting is all the same. The same applies in cases where all the candidates are equally evil or where they all have the same attitude towards Muslims…

It may be the case that the interests of Islam require Muslims to vote so as to ward off the greater evil and to reduce harmful effects, such as where two candidates may be non-Muslims but one of them is less hostile towards Muslims than the other, and Muslims’ votes will have an impact on the outcome of the election. In such cases there is nothing wrong with Muslims casting their votes in favour of the less evil candidate.

In any case, this is the matter of ijtihaad based on the principle of weighing up the pros and cons, what is in the interests of Islam and what is detrimental. With regard to this matter, we have to refer to the people of knowledge who understand this principle. We should put the question to them, explaining in detail the circumstances and laws in the country where the Muslim community is living, the state of the candidates, the importance of the vote, the likely benefits, and so on.

No one should imagine that anyone who says that it is OK to vote is thereby expressing approval or support for kufr. It is done in the interests of the Muslims, not out of love for kufr and its people. The Muslims rejoiced when the Romans defeated the Persians, as did the Muslims in Abyssinia (Ethiopia) when the Negus defeated those who had challenged his authority. This is well known from history. Whoever wants to be on the safe side and abstain from voting is allowed to do so. This response applies only to elections for influential positions. And Allaah knows best.

Is it permissible to swear allegiance to a kaafir ruler?.

Praise be to Allaah.  Allegiance (bay’ah) is a pledge to obey. And it is a shar’i contract between the one who swears allegiance and the one to whom allegiance is sworn, namely the ruler or caliph.

Allegiance is sworn to a caliph after the decision makers (ahl al-hill wa’l-aqd) select him; they are the ones who meet the conditions of being trustworthy and of sound opinion.

In al-Mawsoo’ah al-Fiqhiyyah (9/274) it says: Bay’ah or allegiance, as defined by Ibn Khuldoon in his Muqaddimah, means: a pledge to obey; it is as if the one who swears allegiance is promising his ruler that he will accept his authority with regard to his own affairs and the affairs of the Muslims, and he will not dispute with him with regard to any of that, and he will obey him in any duties that he assigns to him, whether at times of ease or at times of hardship. When they swore allegiance to a ruler and made this pledge, they would put their hands in his as confirmation of the pledge. That is akin to what the seller and purchaser do, so bay’ah or allegiance was accompanied by a handshake. End quote.

It also says (9/278):  The selection by the decision makers of the ruler and their swearing allegiance to him (bay’ah) is the basis of his taking that position. The decision makers (ahl al-hill wa’l-‘aqd) are the scholars and people of wisdom and high status, whose knowledge is accompanied by other essential conditions: trustworthiness, good character and wisdom. End quote.

Just as there are conditions that must be met by the decision makers, there are also conditions that must be met by the caliph to whom allegiance is sworn. Some of these conditions are the subject of scholarly disagreements, but on others there is consensus. Not one of the scholars disagreed with the condition that the ruler must be a Muslim, because what is implied by bay’ah (swearing allegiance) is the implementation of the laws of Allaah, carrying out of hadd punishments and guarding the borders of Islam, so how can a kaafir implement the laws of Allaah and do these things? Rather if the ruler is a Muslim and becomes a kaafir, he must be removed from office because of his kufr.

Ibn Hazm (may Allaah have mercy on him) said, discussing the conditions of leadership:

He should be a Muslim, because Allaah says (interpretation of the meaning): “And never will Allaah grant to the disbelievers a way (to triumph) over the believers” [al-Nisa’ 4:141]. Rulership is the greatest of such ways. And Allaah has enjoined us to put the people of the Book in their place and to take the jizyah from them. End quote.

Al-Fasl fi’l-Milal wa’l-Ahwa’ wa’l-Nihal (4/128).

Al-Nawawi (may Allaah have mercy on him) said:

Al-Qaadi said: The scholars are unanimously agreed that a kaafir should not be appointed as ruler, and that if the ruler becomes a kaafir, he must be deposed. End quote.

Sharh Muslim (12/229).

In al-Mawsoo’ah al-Fiqhiyyah (6/218) it says:

The fuqaha’ stipulated conditions for the ruler, on some of which there is consensus and concerning others there is a difference of opinion.

The conditions of rulership on which there is consensus are:

1 – Islam (i.e., the ruler should be a Muslim), because this is a condition of testimony being acceptable and guardianship being valid, which are much less serious issues than rulership. Allaah says (interpretation of the meaning): “And never will Allaah grant to the disbelievers a way (to triumph) over the believers” [al-Nisa’ 4:141]. And rulership, as Ibn al-Qayyim said, is the greatest of such ways. And he is to take care of the interests of the Muslims. End quote.

Based on this, it is not permissible to swear allegiance to a kaafir ruler, and if the ruler becomes a kaafir then he should be deposed, according to the conditions that are known to the scholars.

And Allaah knows best.

Is it permissible in Islamic sharee’ah for a woman to be a ruler?

Praise be to Allaah.

Firstly: We appreciate our brother’s keenness to find out and follow the evidence from the Qur’aan, but there will not necessarily be evidence specifically from the Qur’aan for every issue. Rather the evidence for many rulings is to be found in the saheeh Sunnah of the Prophet (peace and blessings of Allaah be upon him), not the Qur’aan. The Muslim has to follow the evidence of both the Qur’aan and Sunnah. Allaah says (interpretation of the meaning):

“O you who believe! Obey Allaah and obey the Messenger (Muhammad), and those of you (Muslims) who are in authority. (And) if you differ in anything amongst yourselves, refer it to Allaah and His Messenger, if you believe in Allaah and in the Last Day. That is better and more suitable for final determination”[al-Nisa’ 4:59]

Allaah has commanded us to obey Him and to obey His Messenger (peace and blessings of Allaah be upon him), and He has commanded us to refer matters of dispute to His Book and the Sunnah of His Messenger (peace and blessings of Allaah be upon him).

Allaah says (interpretation of the meaning): “And whatsoever the Messenger (Muhammad) gives you, take it; and whatsoever he forbids you, abstain (from it). And fear Allaah; verily, Allaah is Severe in punishment” [al-Hashr 59:7]

Ibn Maajah (12) narrated from al-Miqdaam ibn Ma’di Yakrib that the Messenger of Allaah (peace and blessings of Allaah be upon him) said: “Soon there will come a time when a man will be reclining on his pillow, and when one of my hadeeth is narrated to him, he will say, ‘The Book of Allaah is (sufficient) between us and you. Whatever it states is permissible we will take as permissible, and whatever it states is forbidden, we will take as forbidden.’ Verily, whatever the Messenger of Allaah (peace and blessings of Allaah be upon him) has forbidden is like that which Allaah has forbidden.”

Classed as saheeh by al-Albaani in Saheeh al-Jaami’, 8186

Secondly: The evidence from the Qur’aan and Sunnah indicates that it is not permissible for a woman to assume positions of senior public authority, such as the caliph (khaleefah), minister of state (wazeer or vizier) or judge (qaadi) and so on.

1 – Evidence from the Qur’aan:

Allaah says (interpretation of the meaning):

“Men are the protectors and maintainers of women, because Allaah has made one of them to excel the other, and because they spend (to support them) from their means” [al-Nisa 4:34]

Al-Qurtubi said: The words “Men are the protectors and maintainers of women” mean that they spend on them and protect them, and also that they (men) are the rulers and governors, and the ones who go on military campaigns, and none of these are the role of women.

Tafseer al-Qurtubi, 5/168.

Ibn Katheer said: It means the man is in charge of the woman; he is her leader, the ruler over her who disciplines her if she goes astray. “because Allaah has made one of them to excel the other” means, because men are superior to woman, and a man is better than a woman. Hence Prophethood was given only to men, as is the role of caliph, because the Prophet (peace and blessings of Allaah be upon him) said: “No people will ever prosper who appoint a woman in charge of them.” Tafseer Ibn Katheer, 1/492.

2 –Evidence from the Sunnah:

It was narrated that Abu Bakrah said: When the Messenger of Allaah (peace and blessings of Allaah be upon him) heard that the people of Persia had appointed the daughter of Chosroes as their queen, he said, “No people will ever prosper who appoint a woman in charge of them.”

Narrated by al-Bukhaari, 4163.

Al-Shawkaani said in Nayl al-Awtaar, 8/305:

This indicates that women are not qualified to rule, and it is not permissible for people to appoint them as rulers, because they must avoid that which will cause them not to prosper.

Al-Maawirdi said, in the context of his discussion of the position of wazeer:

It is not permissible for a woman to play this role, because the Prophet (peace and blessings of Allaah be upon him) said, “No people will prosper if they delegate their affairs to a woman.” And because these positions require wisdom and resolve, which women may be lacking in, and requires appearing in public to handle matters directly, which is haraam for them to do.

Al-Ahkaam al-Sultaaniyyah, p. 46.

Ibn Hazm (may Allaah have mercy on him) said, in the context of his discussion on the role of caliph:

There is no dispute that it is not permissible for a woman (to be caliph).

Al-Fasl fi’l-Milal wa’l-Nihal, 4/129.

In al-Mawsoo’ah al-Fiqhiyyah (21/270) it says:

The fuqaha’ are agreed that one of the conditions of the position of caliph is that the holder should be male. The leadership of a woman is not valid, because the Prophet (peace and blessings of Allaah be upon him) said: “No people will ever prosper who appoint a woman in charge of them.” That is also so that he will be able to mix with men, to devote his time solely to dealing with affairs of state, and because this position involves handling very serious matters. The responsibility is great and this is a man’s role.

Shaykh ‘Abd al-‘Azeez ibn ‘Abd-Allaah ibn Baaz (may Allaah have mercy on him) was asked the following question:

What is the Islamic view on a woman being nominated as a candidate for the position of head of state, or head of a government, or a public ministry?

He replied: It is not permissible to appoint or elect a woman as head of state. This is indicated by the Qur’aan, Sunnah and scholarly consensus. In the Qur’aan, Allaah says (interpretation of the meaning):

“Men are the protectors and maintainers of women, because Allaah has made one of them to excel the other…”[al-Nisa 4:34]

The ruling in the verse is general and includes a man’s position of leadership in his family, and applies more so to his position of public leadership. This ruling is supported by the reason given in the verse itself, which is men’s intellectual superiority and better understanding etc, which are basic qualifications for leadership.

In the Sunnah, the Prophet (peace and blessings of Allaah be upon him) said: “No people will ever prosper who appoint a woman in charge of them.” Narrated by al-Bukhaari.

Undoubtedly this hadeeth indicates that it is haraam for a woman to take a position of public leadership, or to become the governor of a province or city, because all of that comes under the general meaning of the hadeeth, and the Prophet (peace and blessings of Allaah be upon him) said that those who appoint a woman as their leader will never prosper. Prospering means being successful and doing well.

The ummah unanimously agreed in practical terms at the time of the Rightly-Guided Caliphs and the imams of the first three generations, which the Prophet (peace and blessings of Allaah be upon him) testified were the best of generations, that women should not be appointed as governors or judges. There were women who were brilliant in religious knowledge, to whom scholars would refer concerning knowledge of Qur’aan, hadeeth and religious rulings, but no woman aspired to positions of public leadership during that time or any other position of that nature. The shar’i responsibilities of such positions cannot be carried out by women, because that involves travelling to the provinces, and mixing with the members of the ummah, and meeting with them, and leading the army sometimes in jihad, and negotiating with the enemy, and accepting oaths of allegiance  from members of the ummah, and meeting with them, men and women, at times of war and peace, and so on. This is not appropriate for a woman, and it goes against the rulings of sharee’ah that are established to protect her and keep her safe from having to go out and mix in such a manner.

Rationally speaking, women should not be given positions of public office, because what is required of the one who is chosen for such a position is that he should a man of great resolve, determination, smartness, will power and good management skills. These characteristics are lacking in women because they have been created with weakness in their intellect and thinking, and with strong emotions, so electing them to such positions is not in the interests of the Muslims and does not help them to achieve greatness.

And Allaah is the source of strength. May Allaah send blessings and peace upon our Prophet Muhammad and upon his family and companions.

Majallat al-Mujtama’, issue no. 890.

And Allaah knows best.