New Literature for a New Era

Questions to Ask:

What everyone should be asking here is if Allah and his Rasul, Sallallahu Alaihi wa Sallam, have really made voting and elections Haram? We showed earlier just the opposite to be the case.

Are elections and voting inherently evil then – impure and Khabith? That would be a hard case to make, no matter how deep we dig into the malpractices that go into electioneering.

Are they fraught with negative and evil consequences for the individual, community, society and the world? Well, as opposed to what other alternative political method and formulation?

These are some of the main reasons that would justify taking voting and elections out of the big, broad sphere of Halal and put them in the rather small and narrow corner called Haram.

If voting and elections do not fit this evil and diabolical profile, and they clearly do not, then we should stop telling our fragile and gullible youth in the Western world that elections are Haram and start looking for ways to improve them and make them do the job they were really meant to do – put in office the best among us, based entirely on the will, choice, consent and preference of the governed.

3. What Is a Fatwa, anyway?

That brings me to the next question: What is a Fatwa, anyway?

Let me make it perfectly clear that a Fatwa is nothing more or less than an opinion – presumably a scholarly opinion, often misnamed a religious opinion or worse still a religious edict – a silent ode to the woeful professional inadequacy and cultural illiteracy of contemporary journalism.

A religious ruling or edict a Fatwa certainly is not. Firstly, that is because Islam is not what people call a religion and secondly there is no such thing in Islam as an edict. As for rulings, they can only come from a duly constituted judicial or executive authority such as a judge or a competent government official.

At the same time, Fatwas are an honored Islamic tradition. However, a Fatwa in Muslim culture is primarily an educational and social tool. It is generally a carefully thought out and rigorously researched and reasoned answer given by a scholar or group of scholars to a question of theoretical or practical significance, often in written form.

At least that is how it ought to be and that is how it has been in much of Islamic history and culture – I mean carefully thought out and rigorously researched and reasoned.

Sometimes, the initiative for the Fatwa may come from the scholarly source itself. At other times, and mostly, it is based on questions – often in written form – submitted to the Mufti by those with concerns.

Some questions may reflect the actual practical predicament of the questioner or someone known to the questioner. Some other questions may be hypothetical representations of possible scenarios.

Questions are taken to be good-faith efforts on the part of the questioner to seek knowledge and enlightenment or practical guidance and direction on matters of personal importance.

As a result, a Fatwa may be helpful to anyone and everyone but binding on no one – except the person holding or issuing that opinion.

Binding on Muftis, not on others:

The interesting thing about a Fatwa is that it may not be binding even on those asking the question. That is because asking a question does not imply consent or a contract to comply with the answer.

Nor does a Fatwa carry with it any sanction for noncompliance. Nor does it come with the authority to enforce it and impose any sanction or punishment in the case of failure to comply. In fact, the issuing of a Fatwa is an indication that the Mufti does not have the authority, power or the means to enforce the Fatwa.

However, a Fatwa is generally considered binding on the source issuing it. That is because if someone arrives at a certain conclusion after carefully studying relevant evidence and arguments, that conclusion then becomes the logical choice for that person to act on.

Failure to act on one’s own research, conclusions and stated opinion – Fatwa – may leave a person open to the charge of hypocrisy and lack of seriousness or character or defying and trifling with God’s law as it has become manifest to that person through his own research, analysis and reasoning..

A rejectionist and isolationist Fatwa of this kind – a Fatwa that considers elections and voting Haram and rejects them as normative or acceptable Islamic behavior in society – will indicate that those holding this opinion and issuing this Fatwa will themselves stay away from participation in the electoral process in any form.

But in practice, that may not always be the case with the rejectionist Muftis and their often naïve and unthinking camp followers.

They may all say no to voting and elections as an instrument of political participation, but as human beings, caught in the throes of everyday living, they may not escape situations where they either seek or are offered views, opinions and information from and by others.

And that simply is voting and elections by a different name – and in different contexts.

That the rejectionist Fatwa declaring elections and voting Haram does not make much sense is quite obvious. What may not be so obvious, however, are the negative and deleterious effects these rejectionist Fatwas may have on those who uncritically follow the rejectionist Muftis.

Effects of Fatwas:

For, it is evident that Fatwas – all Fatwas – will have some kind of a social impact. In other words, Fatwas have consequences – personal, social, psychological and political.

So what kind of impact on individuals, groups, the Muslim community and the wider society – and on the role of Islam in that society – are rejectionist Fatwas likely to have?

It is fair to expect that effect to be by and large negative. Besides, the Fatwas may not always take a holistic or even accurate view of things and situations. They may proceed from a fragmentary, distorted or flawed analysis and view of reality and embody opinions stigmatizing and proscribing things – including elections and voting – that may be wrong, unrealistic and counterproductive for the individual and the society.

But rarely, if ever, do rejectionist Fatwas tend to probe or explore functional alternatives for meeting the plethora of personal, social and political needs and circumstances that give rise to voting and elections in a society in the first place.

That means they hardly ever raise the question of what is the political way out for British Muslims – or for French or American Muslims – once a Fatwa has been issued asking them not to participate in elections.  If, following the rejectionist Fatwa, they abstain from participation in elections, what are Britain’s Muslim citizens supposed to do?

How are they supposed to register their views, pursue their rights, safeguard their interests, advance their goals and fulfill their social and civic obligations in British society? What exactly is the social, political and economic way out for them?

Lack of Alternatives:

And then what is the alternative political model that is being promoted for Britain, France and other European societies? Are we supposed to replace the governments of Blair, Chirac and Bush, and the political processes by which they came to power, with the governments of Mubarak, Assad, Fahd and Abdullah of the Middle East – and the methods by which they came to be kings and presidents?

It is easy to say “No, we want the Khilafah!” – the kind that prevailed at the time of Hazrat Umar, Uthman and Ali (May Allah be pleased with them!). But how in the world do we expect to reach that miraculous pinnacle of political achievement, if we will not show people even some of the tentative first steps of how to use their political rights, freedom and choice?

At the same time, we should not forget that the ranks of those following rejectionist political Fatwas may include socially disaffected and alienated individuals, particularly youth, whom the sociopolitical processes around them may have failed to engage, integrate and empower. Such people would be inclined to follow rejectionist Muftis due to what they perceive to be the latter’s moral authority or personal charisma. What message does a rejectionist Fatwa send to people like that?

In many cases, the rejectionist camp acts as a source of moral and psychological refuge, solace and succor – often the only one – to disaffected, aggrieved and alienated souls and spirits from society. What prevents some of them form reaching a point of such deep despair with the status quo as to consider violence as a legitimate means of personal or political expression?

Finally, here comes one of the most interesting and instructing aspects of the Fatwa business. It is often no better or worse, and no more right or wrong, than the question that it purports to answer. For, the Muftis – those issuing a Fatwa – generally take certain things for granted.

First of all, they assume good faith on the part of those asking the question.

Second, they assume representation of facts to be accurate, truthful and complete. When one or both of these fundamental assumptions are violated, as they sometimes are, the resulting Fatwa could be misleading and troublesome.

Worth Considering:

Therefore, before someone pulls the trigger on a rejectionist Fatwa next time, let them take the following ideas into consideration:

1. Let them, first of all, carefully research and understand the intricacies of the political process they are attacking.
2. Second, let them carefully consider the effect their Fatwa may have on the Muslim community, especially its youth, as well as on the wider non-Muslim community.
3. Finally, let them diligently seek and present viable and meaningful alternatives to participation in the current political system against which they are issuing their Fatwa.

If they did that they would trigger a healthy debate and discussion in the community – and possibly in the wider society. Such a free exchange of views is the primary foundation upon which stands the edifice of voting and elections in the West – or anywhere else.

Those are also the first shoots of a new spring of political freedom and empowerment for Muslims in the West, and elsewhere, especially the youth.

Wallahu A’alam! Allah knows best.

This brings us to the end of Part II of Are Elections Haram? Says Who? And Based on What?

Inshallah, we will bring you Part III as soon as Allah enables us to finish work on it.

P.S. Do please bear in mind, however, that our manuscripts are mostly drafts in need of further revision, which sometimes we are unable to undertake or complete due to time and resource constraints.

End of Part 2 of 8

Written, January 2001
Modified, 2004, 2005

(To be Revised)

© 2005 Syed Husain Pasha

Dr. Pasha is an educator and scholar of exceptional 
talent, training and experience. He can be reached at DrSyedPasha [at] 
AOL [dot] com or www.IslamicSolutions.com.

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