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Topic: Voting in Elections an Issue of Ijithaad?
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 SunnahPublishing.Net
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Sunnah Publishing
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Is Voting in Elections from the Issues of Ijithaad?
Shaykh Muhammad al-Imaam says in Tanweerudh-Dhulumaat (p. 224-226),"And if you say: ?It is an issue of ijtihaad,? with the meaning that we already know of its unlawfulness, however we hold that entering into that will procure benefit that cannot be achieved without this entrance. And you ? O Salafiyyoon ? already see the harm in that, so it is an issue of ijithaad with the meaning of fulfilling the trust and applying the rulings of the Sharee?ah upon the current state of affairs. And this is an issue in which there are differing views, so no one can raise an objection against someone else.
I say: If we concede that, it would have had justification fifty years ago for example. And that was when this ideology ? the ideology of the democratic system ? was first imposed upon the lands of the Muslims. So the views differ with regards to something that is new.
However, the Muslims have had a period of sixty years to loll their tongues behind this and they have returned with little benefit. So do we strike the experiences of the Muslims for more than half a century against the wall and return our attention back to sixty years ago? So where is the hadeeth of the Messenger of Allaah (sallallaahu ?alayhi wa sallam), ?The Believer is not stung from the same hole twice.?? It is agreed upon from the hadeeth of Abee Hurayrah.
And if you say that it is an issue of ijtihaad with the meaning that the Scholars differ over it and do not have a consensus, then the answer is:
It is well-known that the one who opposes the correct ijmaa? (consensus) is rejected. However, there remains tafseel (elaboration) in the issues of khilaaf (differing):
From them is when one of the two sides clearly has stronger evidence, even though there exists an opponent to this clear affair, then this does not mean loosening the rope for one to take either statement.
And how many issues of ijmaa? are there in relation to issues of khilaaf?
And the books are overflowing with refutations of the Scholars upon each other in issues that are not safe from the existence of an opponent.
Yes, there are issues of khilaaf wherein the proofs are equally convincing and no one viewpoint is clear or apparent in preponderance (tarjeeh). So when that occurs, one must yield to the statement of the people of knowledge: There is no objection to be specified in issues of khilaaf.
In such an issue, two affairs must be looked into:
Firstly: Careful study and following up the places in which this statement from the people of knowledge has been mentioned. Has it been mentioned concerning the issues that lead to the likes of these previous harms? Or is it concerning issues that are lesser than that which we are discussing?
Secondly: Their statement that ?no objection is to be specified? does not mean that it is not permissible. Rather, there is no sin upon the one who remains silent regarding it. And the one who does object to it, whilst sticking to the conditions of the Sharee?ah in his objection in a way that leads to Sharee?ah benefit, not harm, then this is permissible. Rather, it is mustahabb (recommended).
Then, I ask another question, so I say: Have you ? those who say that it is an issue of ijtihaad in which the opponent cannot be refuted ? implied necessarily along with your brothers: the students of knowledge who oppose that and do not participate along with you in this? Or do you say that they are brothers of the Socialists by way of suckling?! And there are from amongst you those who are bolder in attributing and connecting them to the Socialists, so they say: The are Socialists and agents for the rulers and other than that from the accusations, which if we dealt with your apparent actions and transgressed as you transgress, we would have said: You have more right to these accusations and their people.
However, we are guided by our Religion and our fear of a Day in which the scrolls will be spread out ? so faces will become whitened then and faces will become blackened ? so we do not deal with you in a like manner.
And the complaint is to Allaah the Mighty and Majestic. And Allaah is sufficient for us and He is the best of those who are trusted."
Translation: Maaz Qureshi
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Keep watching this this thread for more speech from the shuyookh about the argument that voting in elections is an issue of ijithaad and therefore we must present all the differing views and not point out the qawlur-raajih.
This message was edited by SunnahPublishing.Net on 4-6-07 @ 12:31 PM
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| SunnahPublishing.Net
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Sunnah Publishing
(Grand Rapids MI, USA)
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Member
Posts: 137
Joined: Feb 2006
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Shaykh Muqbil Refutes the Claim that Voting in
Elections is from the Issues of Ijtihaad:
In the book, Tabdeedudh-Dhalaam 'an Hukmil-Intikhaabaat fil-Islaam (p.
153-155), the following question and answer occurs with Shaykh Muqbil:
[Q]: Are elections from the issues of ijtihaad about which there
are no texts and is the one who calls to elections to be considered
misguided (daall) or a disobedient sinner (faasiq)?
[A]: The one who calls to elections is considered a misguided
sinner because this strengthens the footholds of the Communists, the
Socialists, the Naasiriyyeen and others who have been imported into our
pure land about which our Prophet (sallallaahu ?alayhi wa sallam) said,
?Eemaan is Yemeni and wisdom is Yemeni.?[1]
Miskeen, miskeen is the one who says that it is an issue of ijtihaad,
when he calls you to the elections he says yes. And you ? O people of
Jam?iyyatul-Hikmah ? when do you object to the Ikhwaanul-Muslimeen for
elections whilst you yourselves have fallen into them. So you must
either abandon the elections and object to them (the Ikhwaanul-Muslimeen), or you must remain silent.
 |  | As-Saff (61):2 |
íóÇ ÃóíøõåóÇÇáøóÐöíäó ÂóãóäõæÇ áöãó ÊóÞõæáõæäó ãóÇ áóÇ ÊóÝúÚóáõæäó O you who believe! Why do you say that which you do not do? |
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| | As-Saff (61):3 |
ßóÈõÑó ãóÞúÊðÇ ÚöäÏóÇááøóåö Ãóä ÊóÞõæáõæÇ ãóÇ áóÇ ÊóÝúÚóáõæäó Most hateful it is with Allâh that you say that which you do not do. |
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| | Al-Baqarah (2):44 |
ÃóÊóÃúãõÑõæäó ÇáäøóÇÓó ÈöÇáúÈöÑøö æóÊóäÓóæúäó ÃóäÝõÓóßõãú æóÃóäÊõãú ÊóÊúáõæäó ÇáúßöÊóÇÈó ÃóÝóáÇó ÊóÚúÞöáõæäó Enjoin you Al-Birr (piety and righteousness and each and every act of obedience to Allâh) on the people and you forget (to practise it) yourselves, while you recite the Scripture [the Taurât (Torah)]! Have you then no sense? |
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And likewise is the case with Jam?iyyatul-Islaah. And I am determined
? if Allaah so wills ? to release a tape about the dispraise of begging.
[2]
And how can we say that it is from the affairs of ijtihaad? So when a
Yemeni Muslim man apostates, then do we say that it is an affair of
ijithaad, or do we say that the Messenger of Allaah (sallallaahu ?alayhi
wa sallam) said, ?Whosoever changes his Religion, then kill him.? [3] So
does it occur in democracy that when a Muslim man apostates that the
hadd (prescribed Sharee?ah punishment) is established upon him? No, the
hadd is not established upon him. So how can it be said that it is an
issue of ijithaad?
So hizbiyyah deafens and blinds. So from amongst them is the one who
says that it is obligatory and from amongst them is the one who says
that it is an affair is ijtihaad and the Lord of Might says in His noble
Book,
| | As-Sajdah (32):18 |
ÃóÝóãóä ßóÇäó ãõÄúãöäðÇ ßóãóä ßóÇäó ÝóÇÓöÞðÇ áøóÇ íóÓúÊóæõæäó Is then he who is a believer like him who is Fâsiq (disbeliever and disobedient to Allâh)? Not equal are they. |
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And Allaah the Glorified and Exalted says,
| | Al-Jathiyah (45):21 |
Ãðãú ÍóÓöÈó ÇáøóÐöíäó ÇÌúÊóÑóÍõæÇ ÇáÓøóíøöÆóÇÊö Ãøä äøóÌúÚóáóåõãú ßóÇáøóÐöíäó ÂãóäõæÇ æóÚóãöáõæÇ ÇáÕøóÇáöÍóÇÊö ÓóæóÇÁ ãøóÍúíóÇåõã æóãóãóÇÊõåõãú ÓóÇÁ ãóÇ íóÍúßõãõæäó Or do those who earn evil deeds think that We shall hold them equal with those who believe (in the Oneness of Allâh Islâmic Monotheism) and do righteous good deeds, in their present life and after their death? Worst is the judgement that they make. |
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And Allaah the Glorified and Exalted says,
| | Az-Zumar (39):9 |
Ãóãøóäú åõæó ÞóÇäöÊñ ÂäóÇÁ Çááøóíúáö ÓóÇÌöÏðÇ æóÞóÇÆöãðÇ íóÍúÐóÑõ ÇáúÂÎöÑóÉó æóíóÑúÌõæ ÑóÍúãóÉó ÑóÈøöåö Þõáú åóáú íóÓúÊóæöí ÇáøóÐöíäó íóÚúáóãõæäó æóÇáøóÐöíäó áóÇ íóÚúáóãõæäó ÅöäøóãóÇ íóÊóÐóßøóÑõ ÃõæúáõæÇ ÇáúÃóáúÈóÇÈö Is one who is obedient to Allâh, prostrating himself or standing (in prayer) during the hours of the night, fearing the Hereafter and hoping for the Mercy of his Lord (like one who disbelieves)? Say: "Are those who know equal to those who know not?" It is only men of understanding who will remember (i.e. get a lesson from Allâh's Signs and Verses). |
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And Allaah the Glorified and Exalted says,
| | Sad (38):28 |
Ãóãú äóÌúÚóáõ ÇáøóÐöíäó ÂãóäõæÇ æóÚóãöáõæÇ ÇáÕøóÇáöÍóÇÊö ßóÇáúãõÝúÓöÏöíäó Ýöí ÇáúÃóÑúÖö Ãóãú äóÌúÚóáõ ÇáúãõÊøóÞöíäó ßóÇáúÝõÌøóÇÑö Shall We treatthose who believe (in the Oneness of Allâh IslâmicMonotheism) and do righteous good deeds, as Mufsidûn(those who associate partners in worship with Allâh andcommit crimes) on earth? Or shall We treat the Muttaqûn(pious - see V.2:2), as the Fujjâr (criminals,disbelievers, wicked, etc)? |
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And alongside these ones is the wine merchant, the Communist and the
Socialist, each expressing his own opinion. So by Allaah, it would be
better for you to elect a donkey to represent you in the parliament than
electing a Socialist, even if he prays. So Socialism is kufr. As for
the individuals, then whosoever adopts Socialism, becoming content with
it and knowing its meaning, then he is a disbeliever (kaafir). As for
when he adopts it because of status or money, or he hates what the
government is upon from corruption and what it is upon like taking bribes
and other than that, then this one is more misguided than the donkey of
his family, because he has fled from oppression to that which is more
oppressive. And you ? O followers of ?Abdullaah Ibn Saba? ? I am sorry
to say that we have amongst us the Hezbollah. So have the attributes
of Hezbollah spread amongst you, or are you wiping the dust of the dead
and reviling the Companions of the Messenger of Allaah (sallallaahu
?alayhi wa sallam) and co-operating along with the Socialist party to
annihilate Ahlus-Sunnah?
So let no one think that we are biased against the Ikhwaanul-Mufliseen
(the bankrupt brotherhood) and that we allow the Communist party, whose
leader is Meesheel ?Aflaq, or that we allow the Naasiree party, whose
leader is Jamaal ?Abdun-Naasir ? may Allaah the Exalted not have mercy
upon him ? or that we allow the Socialist party, whose leader is Mazdak,
then Marx and Lenin after him and other than that. And many of its
individuals say that it is ?Alee ?Antar ? may Allaah the Exalted not have
mercy upon him. Indeed, they were in al-?Abar [saying]: If Muhammad
were to impede this system of ours, we would have spit in his face. And
the praise is for Allaah that Allaah seized him with a mighty and
powerful seizure. So we oppose these hizbiyyaat, whereas our opposition to the Socialist party is greater because it contradicts the wisdom of
Allaah,
| | Az-Zukhruf (43):32 |
Ãóåõãú íóÞúÓöãõæäó ÑóÍúãóÉó ÑóÈøößó äóÍúäõ ÞóÓóãúäóÇ Èóíúäóåõã ãøóÚöíÔóÊóåõãú Ýöí ÇáúÍóíóÇÉö ÇáÏøõäúíóÇ æóÑóÝóÚúäóÇ ÈóÚúÖóåõãú ÝóæúÞó ÈóÚúÖò ÏóÑóÌóÇÊò áöíóÊøóÎöÐó ÈóÚúÖõåõã ÈóÚúÖðÇ ÓõÎúÑöíøðÇ æóÑóÍúãóÊõ ÑóÈøößó ÎóíúÑñ ãøöãøóÇ íóÌúãóÚõæäó Is it they who would portion out the Mercy of your Lord? It is We Who portion out between them their livelihood in this world, and We raised some of them above others in ranks, so that some may employ others in their work. But the Mercy (Paradise) of your Lord (O Muhammad (sallallaahu alayhi wasallam)) is better than the (wealth of this world) which they amass. |
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?If you went to Aden and asked our brothers the Adeniyyeen and our
brothers the Hadramiyyeen and the Bayhaaniyyeen if what the Socialist party did with them was better than you corrupting your own Religion, then
the da?wah of all the hizbiyyoon is built upon deception, except that the
Socialist Party was not successful. So if it was successful, it would
not have named itself the Socialist party, since the entire world hates
Socialism and they know that it corrupts the societies.
And our brothers have entrusted us to speak another time, and if not,
then I am certain that if one were to refer back to my tapes and books,
it would result in a large transcript in warning against elections.
However, letters have come from our brothers: We want you to clarify to
us the judgement of Allaah concerning elections ? and so on. And we
have a treatise under the title, Fatwaa fil-Wahdah ma?al-Ishtiraakiyyeen
(a fatwa concerning unity with the Socialists), there is great good in
it ? aayaat of the Qur?aan and ahaadeeth of the Prophet.
And I regret that I become tired whilst I speak and then a brother
comes and says: We want you to speak about elections, or we want you to
remind us about the affair of the Gulf and other than that. So no, the
praise is for Allaah that the tapes have been widely distributed in the
markets.? End of Shaykh Muqbil?s words.
Footnotes:
[1] Related by Muslim (no. 52) and Ahmad (2/235, 252, 258, 267, 270,
277, 372, 380, 407, 426, 457, 474, 484, 488, 502), from the hadeeth of
Abee Hurayrah (radiyallaahu ?anhu).
[2] Indeed, the Shaykh has released a treatise and published it under
the title, ?Dhammul-Mas?alah (the dispraise of begging).
[3] Related by al-Bukhaaree (no. 3017, 6922), Aboo Daawood (no. 4351),
at-Tirmidhee (no. 1458), an-Nisaa?ee (7/104-105), Ibn Maajah (no. 2535)
and Ahmad (1/217, 272, 283, 322-323), from the hadeeth of ?Abdullaah
Ibn ?Abbaas (radiyallaahu ?anhumaa).
Translation: Maaz Qureshi
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More from Shaykh Muqbil to follow soon inshaa` Allaah...
This message was edited by SunnahPublishing.Net on 4-9-07 @ 5:04 PM
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29-03-2007 @ 4:34 PM
