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Is Voting Really Haram?

When we discuss the issue of voting, or any other (contemporary) issue of a similar nature, we should try to understand its reality bef ore f orming a conclusion regarding its ruling, a phenomenon termed fiqh al waqi (knowing and understanding the environment and f actors surrounding the topic of concern). Ibn al-Qayyim considered one of the prerequisites of the muf ti alongside fiqh al masalah (possessing proper perception of the issue at hand and its related rulings) as being fiqh al waqi, given that it is also necessary in order to arrive at a legal opinion about a certain issue of concern. Let us commence by considering the f ollowing scenario: T here is, in a f araway land a ruler who lives alongside his subjects. T he ruler, in f ormulating his governance, leaves the matter to the people of f ering them two choices: they may choose either the law of God or secular law. T his situation involves the f ollowing three parties: Firstly, the ruler himself who of f ers the implementation of the law of the Creator (Shariah h) to question or debate between people; there is no doubt that this ruler committed an act of kufr (disbelief ) f or he is obliged to rule by the law of the Creator. Allah says, Legislation is f or none but Allah. He has commanded that you worship none but Him.[1] To him this ayah is addressed, And whosoever does not judge by what Allah has revealed, such are the Kaf irun (disbelievers).2] Secondly, the subjects who are requested to select between the Shariah and secular law; of course, it is incumbent upon them to opt f or the Shariah. T he mechanism of choosing the Shariah may take various f orms such as voting, demonstrations, or lobbying through correspondence. No doubt, people must do their best in order to bring about the implementation of Islamic law, and thus, can anyone argue that it is impermissible f or people to vote to choose the Shariah since voting is an essential part of democracy which in turn is kufr? If such a claim were to be posited then it becomes evident that we have proved unable to conceptualise the issue at hand. To claim voting is an act of kufr is extremely inaccurate and as a point in case take the situation where a person is consulted (as happens in some countries including the UK) as to whether he would opt f or a Shariah court or a court that will rule on the basis of secular law. Should this person, in view of the af orementioned erroneous argument, declare that he ref uses to choose since choosing is voting which in turn is part of democracy, a system of kufr?! What should such an individual do? Should he abstain f rom doing anything? What if the constitution states that the judicial system is to remain secular unless the person opts f or the Shariah? Can we say in this case that this person is obliged to vote or choose the Shariah court? Can we also say that abstention f rom voting means that the person has implicitly accepted secular law as the basis of the judicial system which is an act of kufr? From this discussion we can conclude three important points: 1. Voting, in many cases, merely means choosing or selecting. 2. Participation in a kufr system does not necessarily mean participation in kufr itself . It depends on the nature of such participation. 3. Abstention f rom voting sometimes causes more harm than voting itself .

T hirdly, the people who want to be part of the legislative executive like those who want to be members of parliament. T his issue requires a separate detailed study and is beyond the scope of this discussion. Another important scenario which must be highlighted is when the inhabitants of a country who have the Shariah as the dominant system want to choose a leader they employ elections as a mechanism selection; can we say this is democracy and thus an act of kufr?

From the above discussion we may conclude that it is absolutely wrong to generalise the ruling by saying that democracy is an act of kufr. Instead we should say things that makes sense to people and ref lects our correct understandings. We should be extremely caref ul in accusing individuals of kufr; the Prophet (peace be upon him) said, T he one who accuses his brother of kufr then surely one of them is as has been claimed. T he word democracy was originally coined to mean the rule of the people, however, these days it has various connotations where it can be used to merely mean a selection mechanism. T hat is why we see the introduction of the term liberal democracy. Some observers believe that this new term was introduced in order to emphasise that Muslim countries should be democratic in their selecting rulers as well as constitution. So f rom this perspective, a liberal democracy entails that the constitution itself has to be subject to selection through a democratic mechanism. Muslims living under a Kufr system Muslims living in a liberal democracy should understand their situation in all of its various f acets. Muslims believe that ultimate justice, peace, and reason cannot be achieved unless the divine system is dominant. In many cases they are unable to achieve this in the f oreseeable f uture. So what should they do until they reach this stage? Abstinence f rom voting will not realistically lead to change and any sane person would say that abstaining f rom selecting the least evil option would only leave room f or the more evil option to win. Here I would like to respond to the various arguments posited by those brothers who are against selection through voting. What is important is that we identif y why we are against voting, is it because it is an act of kuf r or because it is harmf ul and damaging f or Muslims? Having responded to the f irst claim let us now f ocus on the second. It may be argued that:

Selecting one of these parties ultimately endorse their policies that are based on man-made laws (kufr law).

T his is not necessarily the case f or the f ollowing reason: choosing an option means that you endorse it only if there are better options of f ered. But if the other choice is worse, then you are actually endorsing the dif f erence between this option and the one that is less harmf ul. Take f or example eating unslaughtered meat f or a starving person, he is allowed (or even obliged) to do so, yet does that mean that he is endorsing eating un-slaughtered meat? Of course not; he is endorsing the dif f erence between these options which in this case is saving his lif e. Saving his lif e by eating un-slaughtered meat is better than starving to death. T hat is why this is an agreed upon principle. So quoting each partys statement that they are going to do so and so if they win separately and without comparing this with what other parties say is not a very honest approach since it does not give the audience the f ull picture. T his becomes worse when the alternative presented is just a hypothetical solution. So I urge the brothers and sisters not to accuse anybody of kuf r or sins just because they vote f or one of these parties in such a situation. Such accusations ref lect ignorance as well as naivety in comprehension.

By voting you are involved in the political system a step towards integration which ultimately resulting in the loss of Muslim identity whilst living in western countries.

I agree that integration in its wider meaning leads to the loss of Muslim distinctiveness and it is a hidden agenda by the enemies of Islam to deceive Muslims so that they lose their identity. However, this is not necessarily an implication of voting. I agree that f ull political participations might lead to major problems f or Muslims and we have to be very caref ul when stepping into this arena. However, ticking the box f or one of

the candidates in no way qualif ies as f ull political participation. I would like to mention here that I also advise our brothers who are involved in leading Muslims in terms of politics to be aware that some Muslims might understand that voting means f ull involvement in the game of politics, a realm that is f ull of deception and cunning, a f act realised by many non-Muslims themselves. So they should use cautious language when encouraging Muslims to vote. Statements such as voting is the only way f or Muslims in this country, voting is the lif eboat, voting is part of our belief , voting means citizenship and so on should be avoided. Such emotional and excessive statements lead to contrary statements and reactions that are equally emotional and extreme.

It is not true that we do not have another option. We have to strengthen our Muslim community and work hard for our independence.

I think all agree that the Muslim community needs to strengthen itself and its own organisations. However, this is not an option that is incompatible with having party A, B or C in power. We can vote to select the best option while we are working f or our community and our f uture.

We are not going to get anything by voting while it might be impermissible so it is better to abstain from it.

It is not easy to come up with such a conclusion. We need a thorough analytical study that can conf irm that all parties are nothing but dif f erent f aces of one coin. I agree that voting is not the lif eline f or Muslims in this country as represented by some Muslims and I have asked parties on both sides of the voting argument to come up with an academic study to prove their points. However, it is dif f icult to say that all parties are exactly the same in internal and external policy. Logically, not all non-Muslims are the same, even the kuffar of Makkah were dif f erent. Abu Talib, the uncle of the Prophet, was completely dif f erent f rom Abu Jahl. Abu Talib helped the Prophet (peace be upon him) and sheltered him while the other uncle would torture the Prophet and his companions. Should we not do our best to choose the one that is less evil and better f or humanity? Indeed, abstention f rom voting is essentially indirect voting. Let me explain this by the f ollowing example: Imagine that 6 people were to vote f or two parties named A and B. A states in his manif esto that he will legalise pornography, ban f aith-schools, kill 1000 Muslims, and prevent Muslims f rom adorning the hijab. B states that he will legalise pornography but allow f aith schools and kill 500 Muslims. 3 of us vote f or A and 2 votes f or B and I, in believing that voting is kufr, abstain f rom doing so. What will happen? Inevitably, A will win, but if I vote f or B, then no one will. So by participating I lessen the evil. Let us now say that we have 2 more people, either they vote f or B or abstain. Abstention will not change the situation while encouraging them to vote f or B, who will do all these f ilthy things, will mean that A will lose which means that we saved the lif e of 500 Muslims and had a chance to have f aith schools and practice hijab! So whether we vote or not, we actually vote since we are part of the population. T his is how the system works, at least in Britain. If someone disagrees with this then s/he should provide proof bearing in mind that s/he should be systematic in his/her approach and clear in presenting his/her case. In his abstaining to vote s/he has implicitly accepted the principle of voting when it is proved that abstention f rom voting is indirect voting.

If we vote we will not bring any Muslim to power.

It is indeed correct, but who said that our aim (in the near f uture) is to bring a Muslim into power. Our realistic aim in the near f uture is to have a better person with a better system in power. It is impractical to think of having a true Muslim leader in the near f uture in most non-Muslim countries. Our ultimate aim is to

help those who are better than their co-politicians.

Boycotting elections is better for Muslims since it sends a strong message to the politician that we are not happy with them and their system. Moreover it will show the ineligibility of this round of elections.

T his might be true but as I said earlier we need a deep study and understanding of the complicated political situation to conf irm such conclusions. I urge those brothers who believe in this to produce a provisional work proving this point. In the mean time we should know that such boycotting will not be ef f ective unless all Muslims do so. T hat is why, bef ore we arrive at such conclusions a deep discussion with all Muslims involved in politics and other related f ields should take place. It should not be an individual opinion of a single party. However, we should bear in mind that if a decision were taken to boycott elections, then we should be clear why we do so. Is it because of the original ruling of voting and elections or because of the impracticality of it? Conclusion I would like to conclude by urging the community to be united in their decision. Such unity is the only way f or their voice to be ef f ective. Unity here means f ollowing one strategy whether we decide to vote or boycott elections. Once we decide to vote, which in the UK is the decision at least f or the moment, we should appoint one main body to lead us in the political process. [1] 12:41 [2] 5:44