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May 8, 2014 Special Dispatch No. 5736

Indian Cleric Maulana Khalid Saifullah Rahmani Outlines Sharia Basis For Indian Muslims To Vote, Says Muslim Women In Today's Indian Democratic System Must Run As Candidates

May 8, 2014
India | Special Dispatch No. 5736

Maulana Khalid Saifullah Rahmani is a leading Islamic scholar based in the Indian city of Hyderabad. In a recent article, he urged Muslim men and women to actively vote and participate in Indian democracy. The article, titled "Do Vote," was published by Urdu daily Roznama Inquilab of Mumbai. India is currently holding parliamentary elections in several phases, the results of which will be announced on May 16.

Citing a number of verses from the Koran as well as hadiths (sayings and deeds of Prophet Muhammad), Rahmani argued that voting, not only for men but also for women, is a national as well as religious obligation as per Islamic sharia. Interestingly, he notes that while Islam doesn't permit women to be candidates, in the special conditions prevailing in India, women cannot escape the responsibility of running as candidates in elections.

He observes: "According to the law of the land, women also have voting rights. Therefore, Muslim women should also benefit from this democratic right. As per Islamic view, a woman cannot become a candidate in the elections but [in special conditions such as] when seats are reserved for women in India then [it would be permitted for them to enter the electoral fray]."

The following are excerpts from the article:

Voting For An Unqualified Candidate Is Akin To Giving False Testimony, Per Sharia

"The election process has begun in the country [India]; people at some places have already used their voting right, and in places people are about to use their right. As a Muslim it is obligatory on us to know the Islamic viewpoint about this process of elections and use of voting rights, because Islam is an all-embracing religion and it fulfils the obligation of guidance in all spheres of human life. We get insight about voting also from the principal rules of Islam. When a person becomes a candidate in the elections, he makes a claim of two basic things: first, integrity and honesty; and second, one's qualification and capabilities.

"When Prophet Joseph offered to take the responsibility of leadership before the Egyptian government, he had said: 'Appoint me over the storehouses of the land. Indeed, I will be a knowing guardian' (Chapter Yusuf, Verse 55). Protection and surveillance is possible from only that person who is honest and trustworthy; how could a person who is himself dishonest fulfill the responsibility of protection and caretaker? And knowledge points toward skill and capability. Unless one has the knowledge and awareness about an issue, he cannot be able to give advice about its administration and management. Thus, offering oneself as a candidate [in an election] is in itself a claim for being trustworthy and capable.

"Voting is the confirmation by the voters about the truthfulness of the claimant. In a way, you give the testimony about the candidate you vote that he is the most honest and capable of all the candidates in the fray. And it is known that if a true testimony brings reward and virtue, a false testimony is similarly a cause of punishment and reprimand. Prophet Muhammad has strongly condemned lies and false testimonies. Once, after the prayer of Fajr [morning prayer] Prophet Muhammad proclaimed false testimony to be equivalent to polytheism, and after that he recited verse 30 of Chapter Al-Hajj: 'So avoid the uncleanliness of idols and avoid false statement' (Abu Dawood Hadith No. 3599; Ibne Maja Hadith No. 2394).

"Allah has included in the special quality of Momin [true Muslims] that he does not give false testimony (Chapter Al-Furqan, Verse No. 72). Therefore, knowingly voting in favor of an inappropriate candidate over the appropriate candidate is like giving a false testimony and opening oneself to a big sin. If false testimony is a sin, then not giving testimony despite the necessity is 'concealment of testimony,' also a grave sin. The Koran has strongly denounced the concealment of testimony. It says: 'And do not conceal testimony, for whoever conceals it – his heart is indeed sinful' (Chapter Baqrah, Verse No. 283). Therefore, in the present situation in India it is obligatory on Muslims to vote according to sharia; and without any extreme urgency or possibility of extreme loss [or threat], avoiding to vote will be a cause of sin and it is feared that Allah will ask about it.

"Some people cast their votes in support of a candidate after taking money; this is also a sin and haram [forbidden] because one is giving false testimony in favor of a person by taking money, and it is obvious that it is a bribe; and it is not hidden from any Muslim that bribe is a grave sin… Prophet Muhammad has sent a curse on those who take or give bribes. In a hadith, it is said that the one who takes and the one who gives a bribe both are Hell-dwellers. It could not be the work of any wise person to come under the curse of Prophet Muhammad and purchase Hell in exchange for some money."

"If Casting A Vote And Benefitting From One's Voting Rights Is A National Obligation, It Is Also A Religious Obligation For The Muslims… It Is Mandatory [As Per Islamic Sharia] On Every Man And Woman To Use This Right "

"According to the law of the land, women also have voting rights. Therefore, Muslim women should also benefit from this democratic right. As per Islamic view, a woman cannot become a candidate in the elections but [in special conditions such as] when seats are reserved for women in India, then there would be no escape from this special condition [requiring them to run as candidates in elections]. If Muslims cannot stop it, then they could also make women their candidates, considering it to be a lesser sin.

"However, there is no harm in casting votes by women, and it is unanimously agreed upon [by Islamic scholars]. Before the juries there comes the issue of catharsis, i.e. to take the testimony of the witnesses' truthfulness who have appeared before the court, and in this regard the testimony of women has been accepted reliable… Voting falls into this category.

"There is an aspect of intercession and recommendation in voting. When you vote for someone then you make a recommendation in one's favor that he/she should be made a representative in the administrative matter of the country and nation. If this recommendation is appropriate, then it would be the cause of reward and return; and if wrong recommendations have been made, then the recommenders would also be the part of sin. Therefore, Allah says, 'Whoever intercedes for a good cause will have a reward therefrom, and whoever intercedes for an evil cause will have a burden therefrom.'

"Try to understand the result of a wrong recommendation - that when Hazrat Osama [a companion of Prophet Muhammad] made an intercession in a case of stealing, then Prophet Muhammad got so annoyed that he stood up and gave a special sermon: 'Oh people, those who have gone before you were destroyed, because if any one of high rank committed theft amongst them, they spared him; and if anyone of low rank committed theft, they inflicted the prescribed punishment upon him' (Abu Dawood, Hadith No. 4373). Therefore, wrong recommendation [i.e. voting for a wrong candidate] is also a very bad practice; and since collective profit and loss is linked with the practice of the candidate elected with your vote, so there will be comparatively more punishment [in the Hereafter] for the wrong recommendation here.

"There is an aspect of pleading in voting. The candidates you choose through your vote, from them become heads of state, prime ministers and chief ministers, and they choose the president of the nation, the republic… and then the whole administration comes into being through the prime minister and chief minister, and some departments of judiciary and administration come into being through the president. Therefore, the administration and management of the country and judicial system rests indirectly upon your votes, through which you elect the legislature. That is, these members are your representatives and pleaders in the administration and power of the country… And the rule is that the work done by the legal pleader is also directed to the person who has made him the pleader. In this respect, if you think it over, then casting vote in favor of a candidate is an important responsibility, and it is like being partner in the good and bad acts of that person.

"In these conditions, if casting votes and benefitting from one's voting rights is a national obligation it is also a religious obligation for the Muslims; while not voting is being indifferent about a collective communal obligation. It is mandatory on every man and woman to use this right, especially in the current situation when the greatest propagator of communalism [right-wing prime ministerial candidate Narendra Modi] has launched the offensive to occupy the seat of power. The use of this right is necessary for every man and woman so that such candidates are elected who hold comparatively righteous and pious moral values, who don't believe in criminal politics and communalism [i.e. sectarianism], and are sincere toward the secular character of the country. They should not be the worshipers of rising sun, but a supporter of right and truth.

"In the current situation, finding a complete honest and clean political leader is no less than running a stream of milk. It is the principle of sharia that where a better [candidate] is not available, a comparative lesser evil should be adopted. Therefore, in the current situation only this could be said: that such candidates should be given votes who look at different units of the country with equality, and who is not communal and comparatively holds righteous character."

Source: Roznama Inquilab (India), April 18, 2014.

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