Thursday, August 14, 2008

The Ruling of Islam on Elections in a Kufr System

The Messenger (saw) said, “Islam started as something strange and will again return as something strange. So give glad tidings to the strangers who will revive the Sunnah after it became corrupted”. [Tabarani]

The resurgence of the Islamic Ummah and her demands to return to the Islamic way of life in all her affairs has become apparent for all the people to witness. This has manifested itself in the revival of Islam as a political deen, which seeks to assert its authority over the affairs of man. Indeed the fact that Islam is political and the need for Khilafah, in order to apply the Islamic rules and laws that have been detailed in the Qur’an and the Sunnah, are foregone conclusions. The revival of Islam started as something “strange” in the new secular world order but is now widely adopted by the Islamic Ummah as her cause.

However confusion still exists within certain elements of the Islamic Ummah who, whilst sincere in their efforts and noble in their goals, have failed to understand the error of the path they tread. They are those who cannot distinguish between the elections as a process of determining the consent of the masses in its selection of a legitimate ruler and the system of democracy.

Democracy: The rule of Man versus the rule of Allah (swt)

Democracy in principle means that man has a free hand at determining rules and laws as he pleases and he is in total control of this - he is the sovereign master of himself and his own destiny. In essence the main foundation of democracy is the rejection of the right of Allah (swt) to legislate. Hence man can decide to enact a piece of legislation that pleases him and his whims. So, for example, in some Muslim countries, including Indonesia, nightclubs are closed for Ramadhan and re-open after Ramadhan is over. In Bangladesh legislation to legalise prostitution is still under consideration and in Pakistan it has taken years to decide whether riba (usury) is forbidden. In the West, politicians agonised over whether to permit homosexual relationships at the age of sixteen or eighteen, and whether or not to have an un-elected chamber that can accept or reject legislation and so on and so forth.

In democratic societies, there is an insistence that man has the right to decide legislation, regardless of the commandments of Allah (swt), which can simply be ignored. So man is the sole arbiter of whether to accept liberal values, terminate the life of a foetus, exterminate populations in ‘humanitarian’ wars such as Iraq, or severely place a people in hunger such as in Afghanistan. The fundamental principle here is that man possesses the right to legislate and make rules and laws. Individuals are appointed in parliaments and legislative houses to debate, scrutinise and enact law. The basis of legislation is the majority decision of these selected people, who will vote according to their own personal experiences, their party line, their business interests (more often than not) and the like.

Democracy is therefore contradictory to the very foundations of Islam and its basic beliefs - that Allah (swt) is the Sovereign Master and the only one with the right of determining legislation and rules and laws as He (swt) pleases and the rest of creation including mankind, has no right except to hear and obey the orders of Allah (swt). Allah (swt) says,

“The right of Rule is solely for Allah” (Yusuf: 40).

This establishes clearly that He (swt) is the sole legislator. Islam, as a pure deen, should not be disgraced with seeking the majority decision on whether its laws are valid or not. These laws come from the Legislator, Allah (swt) and require immediate implementation. It is a principle of the Islamic Aqeedah that Allah (swt) is the source of all Ahkam (laws).

In addition, Allah (swt) says, “It is not for a believer, male or female, when Allah and His Messenger have decreed a matter that they should have any say (option) in their decision” [Al-Ahzab: 36]. So it is clear that humans have to submit to this law, and cannot dispute with it.

Allah (swt) has made this a matter of Iman; “But no, by Your Rabb, they can have no (real) faith until they make you judge in all disputes between them and find in their souls no resistance against your decisions, but accept them with the fullest submission.” [An-Nisa: 65]

Also Allah (swt), the All Wise, states, “O you who believe, obey Allah, obey His Messenger and those in authority amongst you and if you differ over a matter then refer it to Allah and His Messenger if you believe in Allah and the Last Day.” [An-Nisa: 59]

This verse clearly enjoins upon the Muslims to only refer to Allah and His Messenger (saw) in all issues. These Ayahs have come in an ‘aam (general) form and include ‘all matters’. Hence every matter has a law from Allah (swt), no matter how small or minute.

Also Allah (swt) says in Surah al-Ma’idah, “And whosoever does not rule by what Allah has revealed then such are the kafireen (disbelievers)” [Al-Ma’idah: 44]

Ibn Abbas (ra) stated in his tafsir of this verse that anybody who denies a definitive judgement of Allah (swt) contained in the Shari’ah is a Kafir. Ibn Jarir al-Tabari says that this is agreed upon. Ibn Abbas (ra) went on to say that anyone who says that the rule of Allah (swt) does not have to be established then he is a Kafir. The one who says that the rule of man is better than the rule of Allah (swt) is therefore a Kafir. The one who states that the rules of man are just as good as the rule of Allah (swt) is a Kafir. Ibn Abbas (ra) also said that the one who does not deny Allah’s (swt) Hukm (order) but believes that it is allowed to rule by other than what Allah (swt) has revealed is a Kafir because he is denying that the right of rule is solely for Allah (swt). This is the case even if he says that the rule of Allah (swt) is better than the rule that such a person is implementing.

However, if someone rules by the rules of kufr, that is by other than Islam, and does not believe in them but rather he hates them and believes that what he is doing is a major sin - then such a person has committed kufr dun kufr (a kufr which is less than kufr) - a major sin that is definitely haram (forbidden) but he is not a Kafir.

Al-Tabari shared this opinion and this is the soundest position in our view.

Allah (swt) says, “Verily those who disbelieve in Allah and His Messengers and wish to make distinction between Allah and His Messengers (by believing in Allah and disbelieving in His Messengers) saying ‘We believe in some and reject others’, and wish to adopt a way between. They are in truth disbelievers. And we have prepared for the disbelievers a humiliating torment.” [An-Nisa: 150-151]

Al-Hafidh Ibn Kathir (ra) in his tafsir of these verses made reference to the Tartars in his time and said, “Who put together for them a law book extracted from different laws of the Jews, the Christians and the Deen of Islam. It also contained many rules taken only from their own opinion and desires that later became a system of law followed by the people and given precedence over the Book of Allah and the Sunnah of His Messenger - so the ruler who does that is a Kafir” [Tafsir al-Qur’an al Adhim].

This should make it clear that voting or taking part in elections in a democratic system for any of the kufr parties is something that is at least a major haram regardless of the benefit (maslaha) or the perceived fruits of doing so. This is something that in principle is in conflict with the very Iman of the Muslim.

It has come to our attention that there are many who today have lost the passion for Islam and its victories. Instead they run, like headless chicken, to the doors of the houses of the Kuffar, to seek some petty interests and to secure some benefits. We have also observed the usage of weak evidences by such people, misapplied and not taken from the credible Mujtahideen through a correct Ijtihad, to justify their positions. They argue that the general ‘objectives’ of the Shari’ah can be achieved by submitting their will to the Kuffar and opening their embrace to them. Hence they argue that to participate in the kufr government is acceptable.

Allah (swt) says, “Do they then seek the judgement of Jahiliyya (ignorance)? And who is better in judgement than Allah for a people who have a firm belief.” [Al-Ma’idah: 49-50].

Imam Shatibi (ra) said in his Al-Muwafaqat fi Usul al-Ahkam that, “The objective behind the Shari’ah is to liberate the individual from his desires in order to be a true slave of Allah and that is the legitimate maslaha…Violating the Shari’ah under the pretext of following the basic objectives or values (maqasid) of the Shari’ah is like the one who cares about the spirit without the body, and since the body without the spirit is useless, therefore the spirit without the body is useless too.” [Page 25]

Furthermore, they say that if the intention is pure then the action does not matter. They quote the noble words of the Messenger (saw) when he (saw) said, “Actions are but by intention”. With this they justify participation in kufr government, sharing power with them, voting for them and allying with the kufr political parties.

Imam Ghazali (ra) said, “The sins do not change their nature by intention. So the ignorant must understand that from the generality of his (saw) saying, “Actions are but by intention”, then thinks that a sin can be turned into an obedience by (a good) intention, such as the person who backbites a man to please the heart of someone else, feeds the needy person with someone else’s money or builds a school, a mosque or a military camp with unlawful money, while his intention is to do good. This is all ignorance; and the intention has no effect in ruling out its being oppression, an aggression and a sin. In fact his intending to do good by an evil means - which opposes the requirement of the Shari’ah - is another evil... As a matter of fact the things which cause this in the heart are the hidden pleasure and the inward desire...Therefore his (saw) saying that “Actions are but by intention” is confined... to obedience and Mubahaat (permissible) things but not sins. This is because obedience can be turned into a sin by the (wrong) intention. Also the Mubah (permissible) can be turned into sin by the (wrong) intention. In contrast, a sin can never be turned into an obedience by the (good) intention” [Imam al-Ghazali ‘Ihya-‘ulum-ud-Deen’ Volume 4].

Elections

Therefore, voting for any political party that is going to work within a democratic framework and voting for or against legislation in a parliament regardless of the apparent benefits is haram. Voting for a secular party in the Western systems, regardless of a noble goal and the correctness of the intention, is something that contradicts the foundations of what it means to be a Muslim and without a shadow of a doubt is something that is haram.

This does not mean that, in principle, elections are not permitted. Rather elections in order to gain the consent of the Ummah or the representation of the Muslims as a whole in selecting the Majlis of the Ummah (in the legitimate Khilafah) are valid. Also elections as a style to elect a Khalifah, the leader of the Muslims, are also valid.

The Bay’at ul Harb (the Pledge of War) that instituted the Prophet (saw) in authority in Madinah demonstrates this point. According to the narrations of Ibn Hisham as authenticated by Ibn Kathir the Messenger (saw) asked the tribes of the Aws and the Khazraj to “Bring forth for me twelve representatives from amongst yourselves.” They then appointed their twelve nuqabah (representatives) who gave the Prophet (saw) their support (Nusrah) and allegiance on behalf of the rest of the people. So it is a permitted style to utilise elections as a mechanism to appoint a Khalifah as the leader of the Muslims.

Indeed it would more than likely be one of the mechanisms that the Khilafah, whose return is imminent by the will of Allah (swt), would utilise as it facilitates the expression of the opinion of the masses. Imam Muslim (ra) narrates in his Sahih that Umar ibn al-Khattab (ra) during his Khilafah was returning from an expedition when he overheard the Muslims saying that when Umar (ra) passes away they would appoint such and such. This concerned him. So he called a gathering of all the Muslims including the Sahabah (ra) and told them regarding the one who appoints someone in authority without consulting the Muslims “kill him and kill the one who he appointed!”

This was something that all the Muslims including the Sahabah (ra) witnessed yet although he sanctioned the spillage of Muslim blood they acknowledged the truth of the statement, which demonstrated the Ijma (consensus) of the Sahabah. This made it clear that the masses must select the ruler and not be appointed by a minority faction.

O Muslims! O you to whom Allah (swt) has given might with Islam!

The call of integration is a call for the further subjugation of the will of the Muslims. The Westerners have consolidated their foothold in the Islamic World, by appointing many puppet leaders and by ordering the implementation of all that is other than Islam. Like a sly snake, the heads of the kufr West, spread their poison in our lands and in our minds. This call must be rejected, because it is a call to take away the clarity of our vision, the truthfulness of our call, the purity of our deen and the sincerity of our hearts. It is a call to colonise our minds with the erroneous Western ideas, of democracy and the like.

Today we are living without the Khilafah and the right of Muslims in appointing and selecting the legitimate leader (Khalifah) has been taken away and the tyrant rulers have been appointed by the Kuffar who promote the secular democratic and autocratic systems in our land. So we are required to work to re-establish the Khilafah and give bay’ah (allegiance) to a Khalifah so that this right of selecting the ruler can be returned to the Ummah. Indeed this is the highest fard and has been described as the ‘mother of all obligations”. It is by this return of the Khilafah that the dignity of the Ummah will once again return.

O you Imams!

You are well aware, more than most, of the duty of re-establishing the Khilafah. You are well aware of the plans of the Kuffar and their agents. You see, like we do, the enforcement of secular democratic values, corroding the thoughts, morals and actions of the people. Prove to the Ummah that you are the ‘inheritors of the Prophets’, and speak the word of Haqq. Do not let your da’wa carry the narrow agenda of the Kuffar and their agents. Rather, call the people to something that will give them the vision of Islam. For indeed, the true words earn Allah’s (swt) pleasure and the false words achieve Allah’s (swt) anger.

Today the world witnesses the callers for the Khilafah in their throngs. The prisons are full of the sincere Muslims who work and strive for Allah’s (swt) pleasure to re-establish the Khilafah. From Uzbekistan to Egypt, from Pakistan to Palestine, the call for Khilafah has taken root, and life has begun to ebb back to this noble Ummah.

Imam al-Ghazali (ra) when writing of the consequences of losing the Khilafah stated, “The judges are suspended, the wilayah (authorities) are nullified, … (and) the decrees of those in authority can not be executed and all humans are on the verge of haram”. [Al Iqtisad fil Itiqad page 240]

O Muslims! Let not despair get the better of you with regards the return of Islam to the battlefield of life, resumption of the Islamic way of life and carrying the call to the world through its state - the Khilafah state. We say to you, do seek the Islamic rule regarding voting in a kufr system, and do not follow the nafs (desires). And we ask you to persevere patiently for the return of the Khilafah that will be a guide to all of humankind, East and West. Let not the despair get the better of you and keep you silent about the kufr regimes and consent to them or try to please them, compromise and flatter them. Soon we shall witness the great victories of Islam, and our weak position will be reversed, and what we have seen of poverty, disgrace and humiliation will be turned around with the coming of the mighty State that will make the Western powers forget the whispers of Shaitan! And know that victory comes with patience. And patience here is to restrict oneself to the orders of Allah (swt).

Allah (swt) said: “And Allah has full power and control over His affairs, but most of men know not.” [Yusuf: 21]

Source: http://www.hizb-ut-tahrir.org/EN/

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