Thursday, August 30, 2007

The Ruling of Islam on Elections

The following is a translation from an Arabic leaflet.

Elections are among the means allowed under the Islamic law (Shari'ah) to choose attorneys (agents or representatives). The Messenger of Allah (saw), during the Pledge of Allegiance at Aqabah, said, "Bring out from you twelve foremen to be responsible for their people's upholding of their duties."

The regimes ruling in Islamic lands nowadays are all un Islamic. That is they are regimes of Kurt because their systems are not derived from the Book of Allah and the Sunnah of His Messenger (saw) (except for some portions of it). It is forbidden for a Muslim, who believes in Allah and his Messenger (saw), to help, participate in or be a part of these regimes. Rather he must work with utmost diligence and speed to dismantle it and establish the system of Islam in its place. Allah (swt) said:

"And those who do not rule with that which Allah has revealed, are indeed the Kaffiroon." [TMQ 5:44]

The rating regimes are fostering and protecting munkar, nay they are the head of munkar. The Messenger (saw) commands all Muslims: "Whoever of you sees a Munkar, let him change it with his hand. If he cannot, then (let him change it) with his tongue. If he cannot, then (let him change it) with his heart and that is the weakest of belief."

Therefore, what is requested of you, O Muslims, is not only to refrain from assisting or participating in the regime, but also to change it. Change with the heart is possible for every Muslim through hating Kufr and Munkar and renouncing it by saying: ‘0 Allah this is a Munkar that we are not pleased with, Change with his tongue is also possible, for every Muslim in many different situations: amongst his family, relatives, friends, and neighbours. As for the one who applauds these regimes, praises their rulers and supports them, he does not even harbor an iota of Iman in his heart. Beware 0 Muslims, do not belittle the issue for it is a matter of Iman and Kufr!

Is it legal (Halal) for a Muslim who fears Allah to contest elections within these regimes of Kufr? Yes, if he announces publicly, simultaneously with his candidacy, that be does not believe in this system, that he will not become a part of it or co-exist with it whether he is elected or not, that he will not help a candidate who believes in the system neither individually nor as a part of an electoral list and that he does not want more than to use the podium of Parliament to deliver the word of Haq and to call upon all Muslims to eradicate the Taghut (rule of Kurt) from its roots (via intellectual actions and means). It is not enough for a candidate to, just believe in this idea but conceal these conditions. He is obligated by the Shari'ah to declare it publicly, for an individual becomes a suspect and a subject of charges as soon as he announces his candidacy tinder these regimes. If he keeps himself a subject of suspicion and charges, he is sinful. It is illegal (Haram) for a Muslim, in this case, to elect him, help him or congratulate him if he wins.
The duties of a Member of Parliament include legislation, vote of confidence in cabinets, ratification of treaties, election of a Republic's President and holding the regime and its institutions accountable. Only the last action is legal (Halal) for a Muslim Member of Parliament to practice. All other functions are illegal (Haram). Legislation cannot emanate from sources outside the Book (Qur'an) and Method (Sunnah). The Sovereignty belongs to Allah, i.e., He is the Legislator, Nothing is legal but that which Allah has made legal (Halal) and nothing is illegal but that which Allah has made illegal (Haram). Allah (swt) said:

"They took their Rabbis and Priests for gods instead of Allah.”[TMQ 9:31]

The Messenger of Allah (saw) was reading this verse when Adee ibn Hatem At-Ta'ei entered wearing a cross around his neck. Adee said: They did not worship them. The Messenger of Allah responded (saw): "Yes (the followers did), they made illegal what is legal and made legal what is illegal and they (the followers) followed them. This is their worship of them." Then Adee became a Muslim. So that who legislates, making things legal and illegal without Allah's permission, is transgressing against Allah and making a god of himself. And those who follow him in this matter has rendered the one followed a god instead of Allah. So wake up, 0 Muslims! The Member of Parliament who gives confidence to a cabinet rating with Kufr, ratifies treaties based on Kufr laws or elects a president who rules with Kufr is an accomplice with them in their crime. A Muslim individual, who helps that Member of Parliament in getting there, is an accomplice with him in his crime.

A Muslim's main concern, whether he is a Member of Parliament or not, is the vital cause of the Ummah, which is saving the ummah from the claws of the West's idolatry (the so-called Western Culture) and guiding it to the light of Islam through the reestablishment of the Khilafah. In lieu of this, we see the members of Parliament these days work as street builders and endorsers of transactions for their constituents, despite the fact that a Parliament Member's interference in the work of the judiciary or other government departments is a transgression. We read these days that a block of Jordan's Members of Parliament (The Islamic Action Front) are threatening to submit their resignation from the Parliament if the Jordanian government does not retract its decision to raise the price of bread. We ask: why didn't they resign when Jordan signed for peace with the enemy? Why don't they resign because of the belief they hold that the system is a Kufr system, or is the price of bread more important?! Would the regime care if they resign or continue their resignation (submission)?! Let the candidates who humiliate themselves to win Parliament seats, regardless of the means, take a lesson front the existing Members of- Parliament. They found that their existence there is meaningless. They found that what they thought of as shrewdness and understanding of realities was in fact nothing but a mirage and a clear cut case of short sightedness. It was the regime's enslavement and exploitation of them and of Islam - in whose name they sit in Parliament. When those Members of Parliament, who promised to put Islam in the, position of policy-making, fail many people will think that Islam itself failed and not only the individuals who participated.

Some candidates try to find a pretext (it a Fatwa for their actions on the legal basis "The least of two evils." Based on this, the Arabs supported Peres, against Netanyahu in the Jews' elections, deeming Peres and Netanyahu as evil but Peres as the lesser of the two. Thus, it became obligatory for the Arabs to elect Peres. In Russia's elections, Yeltsin and the Communist Zyuganov were deemed evil but Yeltsin was the lesser evil so it became obligatory for the Muslims to support Yeltsin. Here they say; if X gets elected he would be evil and if Y gets elected he would be evil but X is lesser so it is obligatory to elect X and so on. This is definitely not Fiqh nor ljtihad. The legal basis is not applicable here. Why is Peres' evil less than that of Netanyahu, for example? Who said that X is less evil than Y? These are mere desires. The legal basis is only applicable when a legal text defines one of two evils to be lesser than the other and where there is no way out but one of these two evils. In elections, there is a way out which is for the candidate to obey the laws (of Shari'ah) from the outset of his candidacy to the end. This is viable and possible. The use and abuse of the legal basis of "The least of two evils" as a pretext is thus invalid hem. Actually, a Muslim has another stand which is not to elect and not to sink into the abyss of evil.

It is untrue that a Muslim cannot work (whether for the vital cause or small issues) but through the Parliament. It is untrue that his work from within (Parliament) is always more effective. Indeed in most cases his participation in Parliament is a false testimony, a sedative against work and change and a release valve for the Ummah's pent-up drive, especially if he fears Allah (in the people's opinion). The best position is for those individuals who fear Allah to avoid this as long as they are going to be a tool to deceive others.

We witnessed a couple of years ago that the Islamic Salvation Front's winning of the elections in Algeria did not lead it to the establishment of the Deen. Rather, it led (the Front) to jails because those who hold authority (and power) do not allow it to be transferred to their enemies. We are currently witnessing in Turkey that the power brokers did not give the cabinet to the Refah Party until it swore to and gave guarantees that it will adopt secularism and do everything the way those who hold power desire and require. So the solution does not come from within the Parliaments, rather it comes by taking authority through the seeking of support from those who have strength.

The despair of the Muslims (or some of them) of Islam's resumption of its victories; this despondency drives them to resign themselves to the regimes of Kufr. It's time for this despondency to go away. It's time for the Western concepts and standards, which pervaded our culture and made us ran after benefits and selfish ness, to be destroyed. It's time for us to establish our Khilafah, apply our law (Shari'ah) and elect the Members of the Ummah's Assembly under the Islamic State instead of elections in a Kufr domain under Kufr systems.

"It is He who has sent His Messenger with the Guidance and the Deen (Way of Life) of truth to make it victorious over all ways of life, even if the disbelievers detest it." [TMQ 9:33]

22 Rabi 1 1417 - 6 August 1996

Hizb ut-Tahrir
Wilaya of Jordan


Anonymous said...

That is they are regimes of Kurt because their systems are not derived from the Book of Allah and the Sunnah of His Messenger (saw) (except for some portions of it).

you mean:

That is they are regimes of Kufr... Not Kurt..

shirk-less_alhamdoulillah said...

I don't understand why this article refers to voting as 'haram' and starts doing all the Fiqh-talk when this subject is not an issue of Figh at all.

This is about Usul al-Deen.
It is an act of Kufr, not just haram, to vote within a democratic system, let alone make yourself candidate.
Supporting any Taghout in coming to power means you have not rejected the Taghout. Not rejecting the Taghout means you do not fulfill the very first condition of the Shahada: "La ilahe".

Also, voting in a democratic system for a "fundamentalist" political party who say they want to bring Shari'a isn't going to get you in Jannah either: since when are real Muslims accepting the principle of the Hakimiyyah of Allah being given to the people instead of Allah? That's the basis of the religion of democracy my friend, not Islam.

So why then, are people even VOTING to get Shari'ah? Are they accepting the will of the people instead of Allah's? It's ridiculous to make the implementation of the Laws of the Lord of the Universe subject to voting by the masses.