REFLECTIONS: VOTING – ENJOINING GOOD OR DELGATING EVIL?”

We are currently in the midst of an election campaign. Muslims are being exhorted to participate in the election process. Before heeding such calls, the responsibility of the Muslim lies in understanding the nature and consequences of participating in the act of voting from the Shari’ah point of view.

The reality of voting someone into a position of ruling means that the voter is, in fact, delegating this individual to represent him based on the platform that the candidate presents.

Islam does indeed permit a person to delegate some of his responsibilities to another individual. Let us try to understand the concept of representation (Al-Wekaalah). Representation means deputizing someone on your behalf to achieve a certain task.

Every mature and sane person (Mukallaf )is considered to be one of the following:

• The Original (Al-Aseel) is the one who represents him/herself.
• The Representative (Al-Wakeel) is the one who represents another person.
• The Next of Kin (Al-Walie) is the one who is responsible for others for example the father or the Khaleefah.
• The Guardian (Al-Wassie) is the one who is responsible for a child or a disabled person (Al- Qaaser).

The Shari’ah considers the Mukallafan Aseel – the one who is responsible for their own affairs and duties. Islam gives every Aseel the Wilaayah – power of self-representation. However, the Shari’ah does give the permission to delegate certain responsibilities to someone else to represent them.
We will restrict our discussion to representation (Al-Wekaalah) by choice in Islam. We say “bychoice” because children and mentally disabled people have no choice and must be represented by their guardian.

Appointed Representation by Choice

Appointed representation by choice, delegation (Al-Wekaalah), is of two types; Specific (Khassah) where it is only made for a certain known transaction and General (Ammah) which is giving general delegation of power.Both can either be Restricted (Muqayyadah) or Unrestricted (Muttlaqah).

i.    Specific (Khassah): For example you can delegate someone to sell your car and this could be:
a.   Unrestricted (Muttlaqah): e.g. sell it for how much they think it should sell for.
b.   Restricted (Muqayyadah): e.g. sell it for no less than $5,000.

ii. General (Ammah): For example you can delegate someone to deal with your property, all assets you have, and this could be:
a.      Unrestricted (Muttlaqah): e.g. deal with all the matters regarding it.
b.     Restricted (Muqayyadah): e.g. manage it but do not sell it.

The Evidences

The evidence for delegation is mentioned in the Hadith of Abu Daoud and Tirmidhi who narrated upon the authority of Haakeem bin Hizam that Rasool Allah (saw) delegated Haakeem to buy for him (saw) a sheep and in the Hadith narrated by Imam Ahmed and Bukhari upon the authority of Urwa, that the Prophet Muhammad (saw) delegated his father Abu Urwa Al-Bariqi to buy for him a sheep and to offer it as sacrifice. It is further narrated by Abu Daoud that the Messenger Muhammad (saw) delegated Amru bin Umayah Adumuri to conduct, on behalf of him, the contract of marriage to Umm Habeebah, the daughter of Abu Sufyan, while she was in Abyssinia. In addition, the Prophet (saw) delegated people to many of the state departments to manage the affairs of the Ummah e.g. to collect Zakat, distribute wealth, to resolve disputes, etc.

Conditions of Delegation

Both the delegator and the one being delegated to the “delegate” must be sane (A'aqil), mature (Baalegh), competent (Raashed) and free from any severe disability (Qaaser). The delegator must only delegate that which is permissible by Shari'ah and he must own the thing or have the right to delegate.

There must be an offer and acceptance between the delegator and the “delegate', there must be no duress

upon either party and there must be no ambiguity in the wording.The “delegate” must know what is being delegated. (e.g. represent me in the meeting or sell my car for $5000), as it must be delegable according to the Shari'ah. Any selling, buying, donating or contract must be in the area of permissibility by Shari'ah. (e.g. it is not allowed to ask someone to oppress, to sell alcohol, to attack someone or to legislate law, etc.)

Voting as Wekaalah

Now if we look at voting, in a secular system, we can find that it is specific and unrestricted representation (Wekaalah). The delegator is the one who votes and the “delegate” is the one who is to be elected whereas the subject of delegation is representation of the delegator in front of the government as well as the legislation of laws according to what the “delegate” sees fit. A member of parliament is a well-known example of a “delegate” who represents the people who voted for him to legislate on their behalf.

It should be sufficiently clear that voting in a secular system – which relies on the limited judgment of men as opposed to the Infinite Wisdom of the Creator – is delegating men to legislate, a right that belongs to Allah (swt) alone.

To be clear the issue here is actively participating in that system (not living in it). 

The Prophet (saw) informed us:
'There is no obedience to the created if it means disobedience to the Creator.' [Ahmad]

Also Ali (ra) narrated that the Prophet (saw) said:
 “There is no obedience in evil; only good acts will be obeyed”[Muslim]

It is agreed upon amongst the classical scholars such as Al-Imaam Al-Maqdisi, Al-Imaam Al-Kasani and Al-Imaam Al-Quraafi etc. that those who delegate in any matter prohibited by Islam (e.g. selling alcohol or voting for man-made law) will share with the “delegate” the sin and punishment.

RasoolAllah (saw) also said:

'If anyone calls others to follow right guidance, his reward will be equivalent to those who follow him (in righteousness) without their reward being diminished in any respect on that account; and if anyone invites others to follow error, the sin, of which he is guilty, will be equivalent to those of the people who follow him (in sinfulness) without their sins being diminished in any respect on that account.' [Muslim]

Even though the Muslim scholars are in agreement that Muslims cannot delegate in any matter prohibited by Islam some Muslims insist on using what is called 'the lesser of two evils' as an excuse to violate the rules of Islam.The advocates of the 'the lesser of two evils' principle say that their deduction (istidlaal) is based on benefit for the Muslims and on “outweighing and repulsion of the worst of two evils and accepting the least of two evils.” The fallacy of this view is clearly based on the fact that the right to define benefit andevil resides only with Allah (swt), the Lord of the Worlds. Whatever the Shari’ah has requested is a benefit and interest (maslahah)and whatever theShari’ah hasforbidden is an evil (mafsadah). This is what is meant by the saying of Allah (swt):

“It may be that you dislike a thing, which is good for you. And it may be you like something, which is bad for you. Allah knows but you do not know.”[TMQ 2:216]

Some people quote this principle and confuse it with the divine rules of duress or compulsion since the Messenger Muhammad (saw) stated:'My Ummah is not accountable for errors, for forgetting or during duress.' Duress (daruraah) has been classified by the Shari'ah as life and death issues e.g. when somebody is under torture and his life is in immediate danger. Only then does Islam grant a divine permit (rukhssah) relating to such circumstances.

As Muslims we should persevere in adhering to the rules of Islam, and be among those who affect others rather than be the ones who are affected by the norms of society. This is a responsibility that we must honour as we are the bearers of a universal message and a civilization which no other civilization can match.

We should work with the society around us to create an environment where Muslims can live an Islamic lifestyle, pursue the best opportunities for Da’wah to Islam, enable Muslim migrants to adhere to the Shari’ah rules without difficulty or hindrance, including the rules of marriage, halal food, shar’i dress code and other such legitimate demands. These things can be achieved by following the Shari’ah path permitted by Islam without the need to commit haraam or make recourse to the rule of necessity (daruraat).May Allah (swt) help us to work according to the halal means that He has provided us to improve our situation here and abroad. Ameen