Question Summary:
I live in Bangladesh. In our country recently new group is working. who say democracy is haram in islam. becasue in our constitution it is written all power goes to the people.

Question Detail:

I live in Bangladesh. In our country recently new group is working. who say democracy is haram in islam. becasue in our constitution it is written all power goes to the people. but in islam all power and law making right is only for Allah. so they tell giving vote is shirk. so we should fight(jihad) against it. besides they say khalifa system is most for a islamic country. so by any means we have to go back to khalifa system. the organization Name is Hizbut Tahrir. they do not follow sunnah that much. they do pray regularly and after the prayer they alwasy make arguments with others about their points and they try to propogate it and they always blame U.S.A. not please tell me are they in the right path of islam. if they are not then tell me form quran and hadith how i can convince them that they are doing wrong things? plese Mufti Sahab help me in this position and may allah grant you jannatur ferdaus for ur excellent work. i have learnet so many new and important things from ur website. and pray dua for me . assalamu alaikum ooa rahamutullahi ooa barakatahu.

Answer :

In the name of Allah, Most Gracious, Most Merciful
Assalaamu `alaykum waRahmatullahi Wabarakatoh
The purpose of voting in a democratic dispensation is not to promote the entire democratic values. It is to use the mechanism of democracy to promote one’s own values as democracy allows freedom of religion. When a person is casting a vote, he is presenting his opinion in favor of one of the candidates to represent and lead a certain group or nation. If there is a suitable, pious and upright Muslim candidate, it would be in the best interest of all the Muslims to vote for such a candidate as he will see to the best interest of Islam and the Muslim masses. At times, it might happen that there is no such candidate; however, there is one extremely harmful candidate who will cause more harm to Islam and the Muslims and another candidate who, despite not benefiting Islam, will not cause harm to the affairs of the Muslims either. In such a situation, it would be better and advisable to vote for the candidate who is least harmful for the interests of the Muslims. In such a situation, a person will not be held liable for the wrongs of the candidate since the main intention of electing him into office was for the sake of safeguarding the Ummah from a greater evil.
It is mind boggling that those Muslims who claim that voting is Kufr and Shirk are citizens of democratic states in which they are required to swear an oath of submission to the constitution and values of democracy and the state. Such people do not have the right to raise such an objection. They should honestly abandon their citizenship and go and live in a purely Islamic state if there is any.
The Fuqaha are unanimous that one may not declare a person a kaafir until there is absolute proof to this effect. They have mentioned this principle that should a person make a statement that is apparently a statement of kufr, and the statement has a hundred possible interpretations, of which 99 have a clear meaning of kufr, and only one interpretation does not imply kufr, then the person should be given the benefit of the doubt. Hence it will not be permissible to declare such a person a kaafir. While we may say that Muslims should not be a party to the systems and ways of the kuffaar, in no way can we declare one who participates in this system to be an apostate. By voting, no one now beliefs that the sovereign right of enacting laws has now been transferred from Allah Ta’ala to any human or that anyone is now a partner unto Allah Ta’ala in this right While voting entails giving support to the system of the kuffaar, it will be wrong, but does not render one an apostate. Take the example of the most fundamental injunction of the Shariah, i.e. Salaah. One who neglects Salaah cannot be declared an apostate. This is despite the fact that there is no injunction more emphasised than Salaah. Take into account the implications of this declaration. It implies that all Muslims who at any time voted are no longer Muslims. Their marriages are not valid and they are living in zinaa with their wives. Their children are illegitimate and no one may inherit their wealth upon their demise. It would be waajib upon an Islamic government to execute them. Now will any person of sound Islamic knowledge be prepared to accept that this is the fate of a person who has voted in kuffaar elections?
As for khilafa, Allah has already promised to bestow it upon the believers with the condition that they have firm faith in Allah and are firm in their deen. Consider the following verses of the Holy Quran:
وَعَدَ اللَّهُ الَّذِينَ آَمَنُوا مِنْكُمْ وَعَمِلُوا الصَّالِحَاتِ لَيَسْتَخْلِفَنَّهُمْ فِي الْأَرْضِ كَمَا اسْتَخْلَفَ الَّذِينَ مِنْ قَبْلِهِمْ وَلَيُمَكِّنَنَّ لَهُمْ دِينَهُمُ الَّذِي ارْتَضَى لَهُمْ وَلَيُبَدِّلَنَّهُمْ مِنْ بَعْدِ خَوْفِهِمْ أَمْنًا يَعْبُدُونَنِي لَا يُشْرِكُونَ بِي شَيْئًا وَمَنْ كَفَرَ بَعْدَ ذَلِكَ فَأُولَئِكَ هُمُ الْفَاسِقُونَ
“Allah grants a guarantee to those of you who believe and perform the righteous deeds that He will most certainly appoint them the successors on earth (i.e. give khilafa), just like He appointed the people prior to you as successors. He will consolidate their way of life, much to their satisfaction. He will change their present state of insecurity and fear, into one of safety and peace. They would worship Me and would not associate anyone as My partner. Whoever disbelieves after this, is certainly wicked!” (Quran: 24:55)
وَلَا تَهِنُوا وَلَا تَحْزَنُوا وَأَنْتُمُ الْأَعْلَوْنَ إِنْ كُنْتُمْ مُؤْمِنِينَ
“And be not infirm, and be not grieving, and you shall have the upper hand if you are believers” (Quran 3:139)
يَا أَيُّهَا الَّذِينَ آَمَنُوا آَمِنُوا بِاللَّهِ وَرَسُولِهِ وَالْكِتَابِ الَّذِي نَزَّلَ عَلَى رَسُولِهِ وَالْكِتَابِ الَّذِي أَنْزَلَ مِنْ قَبْلُ وَمَنْ يَكْفُرْ بِاللَّهِ وَمَلَائِكَتِهِ وَكُتُبِهِ وَرُسُلِهِ وَالْيَوْمِ الْآَخِرِ فَقَدْ ضَلَّ ضَلَالًا بَعِيدًا
“Oh you who believe! Believe (sincerely) in Allah, His messenger, and the scriptures He has revealed to His messenger (Muhammad, SAW) as well as the scriptures He had revealed previously. Whoever fails to believe in Allah, His angels, His books, His messengers, and the Day of Judgment has indeed strayed and has wandered far away (from the right path).” (Quran 4:136)
The verses above make it clear that in order for the believers to have the upper hand, be successors and have khilafa, true iman and righteous deeds are required. We should ask ourselves: Are the majority of Muslims firm on their deen? If not, then what am I doing to help the situation? Am I involved in their reform and rectification? That’s what our attention and effort should be on.
Wassalam


Mufti Ebrahim Desai (M2)
Darul Iftaa, Madrassah In'aamiyyah