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Question:
The Majlis has branded voting haram and that is to vote for Taghoot. From this it follows that those Ulema who say that voting is permissible are promoting the law of Taghoot, hence are Kaafir. Please comment.
Answer :
Yes, voting is a system of Taghoot. It is haram to vote. But nowhere did we make Takfeer (proclaimed kaafir) the Ulama who say that it is permissible. Tajheel (declaring as ignorant), Tafseeq (declaring as faasiq) and Takfeer (declaring as kaafir) may not be resorted to on issues which are not Mansoos Alayh. Takfeer is permissible and necessary only if such Ahkaam of the Shariah are denied which are substantiated by the Nass of the Quraan and the Ahadith are the highest class of the certitude – by Dalaail Qat`i.
The conflicting rulings pertaining to voting are the products of opinions based on the principles of the Shariah. Very senior Ulama such as Hadhrat Mufti Muhammad (Rahmatullah Alayh) Shafi and other Ulama e Haqq are of the view that in certain circumstances voting is permissible. They do not deny voting being the system of Taghoot. However, due to circumstances, they base the permissibility on prevailing circumstances. Just as consumotion of haram food, even pork, becomes permissible due to circumstances, so too availing oneself of the system of Taghoot becomes permissible because of curcumstances.
Whether dire circumstances of need apply or not, obviously there will arise difference of opinion on this score, hence it is haram and total ignorance to resort to Takfeer of sincere Ulama-e-Haqq who say that voting is permissible. At most, we can differ with them and reject the basis they proffer for their permissibility view, but we cannot doggedly and tenaciously assert that our view is 100 % correct and absolute. Our view is not the effect of Wahi.
We therefore caution those follow our view! They should not insult and criticize those genuine Ulama-e-Haqq who say that voting is permissible. Hadhrat Sayyid Abdul Qaadir Jilaani (Rahmatullah Alayh) , proffering advice to a Mureed said : “Do not lay claim to Nabuwwat.” The mureed did not understand this advice, hence asked for an explanation. Hadhrat Jilaani (Rahmatullah Alayh) explained that one should not attribute Qat`iyat(Absolute Certitude) to one`s opinion. Only a Nabi has this right since he speaks on the basis of Wahi. Thus, the Quraan states:
”He the (Nabi Sallallahu ‘Alaihi wa Sallam) does not speak on the basis of desire. Whatever he says is Wahi revealed to him.”
Surah An-Najm- Verse 3 & 4
Therefore, our views despite being based on the Usool of the Shariah, may not be elevated to the degree of Qat`iyat. Unlike the Adwa (contagion), ribaa, hijab and Tasweer (picture making) issues which are substantiated by dalaa`il of Absolute Certitude, the issue of voting is the product of opinion, and despite its Shar`i basis, is not the effect of Wahi. Hence, it is improper and not permissible to resort to Tajheel, tafseeq and takfeeer of those Ulama-e-Haqq holding the opposite view.
We, nevertheless, maintain that in the South African scenario, the Ulama who claim voting to be permissible are in grievous error. They have erred because they have failed to apply their minds constructively. They have erred because their focus is not on Allah Ta’ala. They have erred because they do not accord adequate importance to the Aayaat of the Qur’aan and Ahaadith which categorically state that rulers, kings and regimes are by the decree of Allah Ta’ala.
They have erred because of either extremely deficient Tawakkul or because of total lack of Tawakkul. Although they do not verbally say so, their practical attitude displays that the Qur’aanic warnings, strictures and declarations are somewhat antique, hence there is a need to adopt some of the systems of Taghoot to bring about change.
But they fail to understand that change is the decree of Allah Ta’alaa, and the Ummah’s state of abject disgrace and degradation will change only when they change their own state of moral putrefaction which is the actual cause of the calamities which are settling on us. Allah Ta’ala states unequivocally in the Qur’aan Majeed:
“That is so because Allah will not change (snatch away) any Ni’mat (bounty/favour/prosperity) which He has bestowed to a nation until they change that (moral condition) which is within themselves.”
(Al-Anfaal, Verse 53)
Thus, the decline and fall into defeat and disgrace are the consequences of the treachery and transgression of the Muslim Ummah. And, the solution for this appalling state of humiliation of the Ummah is not the adoption of the ways and methods of the kuffaar. The Qur’aan states the solution with clarity:
“O People of Imaan! Turn to Allah altogether so that you attain victory.”
Hadhrat Mufti Muhammed Shafi (Rahmatullahi alayh) and other Ulama-e-Haqq who had promoted voting in the Pakistani scenario had logical reasons for their view. This view is based on the argument that the kuffaar system of voting should be utilised as a weapon to displace the fussaq/kuffaar secular government. If sufficient Muslims vote for a genuine Islamic party, the reins of government could be snatched from the modernist fussaaq and murtaddeen who happened to be the rulers in Pakistan. Once the genuine Islamic party acquires the reins of government, the constitution of Taghoot would abolished and the Shariah be instituted.
While there is sound logic in this argument, it was a distant dream devoid of reality. It was a pipe dream the of which could not be achieved, and which even Hadhrat Muft Shafi conceded.
The Ulama-e-Haqq of that era had failed to make cognisance of the fact that the vast majority -90% or more- of the population was absolutely corrupt-rotten to the core. They demonstrated their corruption and disdain for Islam by voting into power fussaaq, fujjar and murtaddeen. The declaration in the Qur’aan regarding the appointment of rulers was forgotten by the Ulama or it had become meaningless to them due to their own spiritual deficiency. Allah Ta’alaa says:
“Say: “O Maalikul Mulk! You bestow sovereignty to whomever You will and You snatch away sovereignty from whomever You will. You grant honour to whomever You will and You disgrace whomever You will. Verily You have power over all things.”
Nusoos of this kind in the Qur’aan and Hadith were not understood correctly by the Ulama, hence their focus shifted from the Qur’aan and Sunnah towards the ways and structures of aliens. But in the wake of such adoption came only more and greater suffering, calamity and humiliation.
Gazza, Kashmir, Burma, Syria, India, China, etc. loudly testify for the veracity of Qur’aanic Warnings. Voting will NEVER change this equation. The solution is only inaabat ilallaah (to turn unto Allah Ta’ala with Taubah and Ta’aat (Repentance and Obedience).
Summing up the Islamic reality, Hadhrat Umar (Radhiyallahu ‘Anhu) said:
“We are a nation whom Allah elevated with Islam.”
This elevation and honour are not obtainable by adoption of the laws and systems of Taghoot. The Qur’aan with considerable emphasis says:
“Verily honour is for only Allah”
It is only Allah Azza wa Jall Who apportions honout and power to His servants, whether they haooen to be Muslim or Kuffaar. Granting it to the Kuffaar is for punishing Muslims for their treason and treachery.
Rasulullah (Sallallahu ‘Alaihi wa Sallam) said:
“Whatever is obtainable by Allah is obtainable by means of Taa-at (obedience).”
