All praise is due to Allaah (alone), the Lord of the worlds, and may the salaat
and salutations be upon the final Messenger sent to the Jinn and Mankind,
Muhammad, his family and all of his noble companions.
To proceed...
Since the recent publication of the speech of our Noble Scholars regarding
the issue of voting for the lesser of two harms, we have received numerous
enquiries seeking clarity in regards to what we have published on Madeenah.Com
and the confusion that arose due to what some of our brothers have published
regarding a similar topic.
In light of this, we would like to inform the reader that what follows of our
words is not designed to promote either of the two or more opinions regarding
voting for the lesser of two harms, nor should they serve to persuade the
reader as to which of them is the preponderant (Raajih) opinion as it is only
the Scholars who have the authority to do so regarding such great matters.
Hence, we will restrict this advice to the following points while firstly
asking Allaah 'Azza wa Jall for Ikhlaas and accuracy in statement and action
and imploring Him for His Tawfeeq:
Firstly, the verdicts that were translated on Madeenah.Com regarding voting
only address a specific situation and this was clearly stated. This is the
situation whereby the Muslims who are governed by non-Muslims find themselves
in a position where a number of candidates are standing for election, and one
of them is to be elected to rule over them whether they approve, vote or not.
In this specific case therefore, is it permissible to vote for the candidate
who Muslims believe carries the lesser harm or not? This is the issue that was
being addressed at Madeenah.Com.
Rebutting this verdict with more general verdicts about the impermissibility
of democratic elections and implying that this is what Madeenah.Com is
promoting only serves to prove that some individuals have not really understood
what the Scholars are saying.
None of the Scholars are saying that voting or elections are permissible;
they are all in agreement that they are prohibited, hence the principle "lesser
of two harms/evils".
Therefore, had the Scholars believed this was permissible it would not be
regarded as a Mafsadah (harm/evil).
So the meaning of this principle is illustrated as follows: Which of the two
harms/evils is greater?
i) The harm/evil of voting?
or
ii) Refraining from doing so and subsequently drawing the harm of having the
worst of the candidates ruling the Muslims?
The question is: Which of these two would draw more harm to the Muslims?
Nobody has said or is saying that voting, elections and Democracy as a whole
is permissible.
Secondly, using the method of inserting names such as "Dr. Safar", "Abdur
Rahmaan Abdul Khaaliq" or "heads of Hizbiyyah" (as occurs in the articles
entitled: "The [True and Accurate] Reality of al-Albaanee's Position on Voting"
and "ELECTIONS & VOTING: What do the Scholars say?") is nothing less than a
concerted attempt at bullying those who hold the opinion of its permissibility
such as to make it appear as if they are in agreement with Dr. Safar
al-Hawaalee, Ikhwaanees and their like. However, the reality is that they are
actually following the same opinion as our Salafee Scholars in their stance.
During this discourse, the different positions of Salafee Scholars have been
presented to the Muslims but the aforementioned tactics have only served to
belittle the Scholars themselves. After all, it is they (the Scholars) who hold
this opinion, so the rebuttal is more so towards them than those who have
translated their speech or published it.
This is not indicative of a knowledge based approach to the issue at all.
Such an approach is contrary to that which is essential for the betterment of
brotherhood. In addition, it is a form of transgression, and the Salafees are
the most just of people in dealing with the people as affirmed by
Shaykhul-Islaam Ibn Taymiyyah. This is what Shaykh Sulaymaan ar-Ruhaylee said
about such tactics, at a time when another group of Muslims were using this
same tactic to force others to boycott Danish products:
"...the issue of great importance is that one should not transgress upon
others, label as sinners those who disagree...intimidation must not be applied
in this affair
this is contradictory to the Manhaj of the Prophet (Õáì Çááå
Úáíå æÓáã) in being just and beneficent. Transgression is never permitted in
any circumstance."
Let us consider for a moment, that the other party concerned was to engage in
the same behaviour and thus accuse those who refrain from voting of following
the opinion of Takfeeris or the Khawaarij and their like. The result would be
much unnecessary name-calling surrounding an issue where both opinions are
ascribed to our noble and beloved Salafee Scholars.
It should be noted that there is much to be said about the honesty and
sincerity of those who have assumed a position of responsibility in conveying
the speech of the Scholars.
They have seen it fit to employ such tactics when publishing such articles
and allowed them to circulate amongst the Muslims, wAllaahul-Musta'aan.
Such behaviour is totally void of reverence and respect for the Ijtihaad of
the Ulamaa of Ahlus-Sunnah and only illustrates that those employing these
tactics are unaware of how to deal with issues of Ijtihaad in which our Salafee
Scholars differ.
This is indicative of not having benefited from the Scholars and therefore
lacking the opportunity to learn their manners and how they deal with their
brothers and fellow Scholars in similar issues; Manners that cannot be acquired
by merely reading books or listening to cassettes.
In this light, we would like to draw attention to a particular error in one
of the translations:
"Questioner: We have heard that you O Shaykh have said that it
(participating in parliamentary elections) is permissible, but with conditions.
Al-Albaanee: No! It is not permissible!"
As you can see, "it" has been interpreted by the translator himself whereas
the reader has no proof as to what the Shaykh may have been referring to.
From the aspect of Arabic grammar, a pronoun refers to something previously
expressed or understood in a particular passage or conversation.
So when referring to the source of the Shaykh's statement, we realise the
Shaykh was not referring to the general issue of "participating in
parliamentary elections" as the translator incorrectly leads the reader to
believe - since this encompasses a lot of things.
We will leave it to the translator to revise his work, then "truly" and
accurately, as his title indicates, inform the people as to exactly what Shaykh
al-Albaanee was referring to when he said: "it".
However, one should also bear in mind that having some proficiency in the
Arabic language itself does not qualify one to attempt to interpret the Fataawa
one is translating unless one has studied the issue at hand from the Scholars
themselves.
We would also like to add that anybody who accurately reads the Fatwa of
Shaykh al-Albaanee entitled "The Reality of al-Albaanee's Position on Voting"
that was published on Madeenah.Com would clearly see that it has nothing
whatsoever to do with Algeria. His position is consistent on this specific
topic and the readers can see this for themselves; The verdict that he gave to
the Algerians is a separate Fatwa and therefore an analogy between the two
issues can only be made by those who may not fully understand when or how to
make an analogy, as occurs in the following and elsewhere:
"People historically who have resorted to actions similar to these are the
likes of Salman al-Awdah who used Shaykh al-Albaani's permission for the
Algerians to enter into elections as a means of justifying that act in front of
the populace in general."
Additionally, whoever it is who is posting such statements should assume due
responsibility and identify exactly who they are by signing their names at the
bottom of their posts, as posting under an alias, website name, publishing
company or Masjid is still considered to be "Majhool" (unknown) to a certain
degree. We do not see Shaykh Rabee writing under "Rabee.Net" or "Masjid so and
so", or any other Scholars - as such names can encompass a number of
individuals.
How many fataawa have we come across from the Lajnah, whereby they officially
publish them along with a list of those members of the Lajnah who issued the
fataawa? Clearly the issue of Jahaalah (such as writing under ambiguous names,
as described above) is not from the manhaj of the Salaf and in this spirit one
will find the people of knowledge and truthfulness and their students.
Thirdly, issues like these which involve millions of Muslims worldwide should
not be restricted to the mistakes or arguments of a particular establishment,
or what is taking place in a particular locality, country or continent. This
issue affects all Muslims worldwide, so it should be addressed in its
generality. Addressing the issue on the premise of what is happening in a
particular locality does not give Muslims living elsewhere their due right in
the issue, as occurs in this statement:
"Muslim women can be seen on the streets of many cities in full Hijab and
Muslim men in Islamic garb and full beards, all of this with no obstruction
from the authorities. All of these rights are afforded them without need of
entering elections or voting."
Supposing Muslims in certain communities or localities are receiving equal
rights much the same as other religious groups (which is debatable as we are
sure most would agree) then this may not be the case in other localities where
Muslims may be denied certain rights like wearing the veil at work or school or
discrimination of the beard at certain work environments etc.
A Muslim minority which is not receiving equal rights can use this same
argument to justify the permissibility of voting - stating that since they are
not receiving their rights then they need to enter elections, which would also
be incorrect. Attempting to reach the correct opinion in such a matter on the
pretence of what is happening in a specific locality or time period only
further illustrates the lack of knowledge regarding how to arrive at the
correct opinion. By doing so, every locality would reach what suits their
desires or what is befitting for their locality without taking the guidelines
of the Islaamic legislation into account or the reality of the verdict as to
whether it is permissible or not.
Here is what Shaykh Muhammad ibn Haadee said about a similar case:
"My brothers, it is obligatory upon us to be students of knowledge, that we
do not get carried away by storms or emotions, rather we traverse upon well
thought out principles and legislated evidences that were related by the
Messenger of Allaah (Õáì Çááå Úáíå æÓáã) and his companions and the leading
Scholars of guidance, the Imaams of Ahlus-Sunnah, may Allaah have mercy upon
all of them."
Fourthly: It should also be stated that this issue is considered to be from
the issues of Nawaazil (major affairs which have befallen/affected the Muslims
and therefore require guidance from the recognised major Scholars).
So, if the major Scholars differ regarding any such issues, we should suffice
the Muslims with their speech and not try to convince them with our own limited
opinions on the matter as none of us are qualified to do so in such a major
affair as some of our brothers have kindly illustrated.
Importantly, Shaykh Muhammad ibn Haadee mentioned that what has harmed the
Salafee Dawah greatly is people inserting their own introductions,
explanations, conclusions and footnotes to the speech of the Scholars while
they are alive and thus can be contacted to further explain what they meant or
intended.
In issues of Nawaazil, even the lesser Scholars in knowledge should not be
referred to.
These affairs are for the recognised major Scholars, as is well established
amongst the Salafees; that they turn to the major Scholars during Fitan
(tribulations) and Nawaazil.
Importantly, the great Muhaddith, Shaykh Hammaad al-Ansaaree was asked about
an issue to which he replied:
"...may I be whipped if I were to put myself forward to deal with such issues
whilst we have the Grand Mufti in office!"
And on numerous occasions, Shaykh Muhammad Amaan al-Jaamee, Shaykh
Abdul-Muhsin al-Abbaad (the Shaykh of all the Mashaayikh of Madeenah), Shaykh
Saalih as-Suhaymee and others have recommended people to refer such issues to
the Lajnah (The Permanent Committee for Islaamic Research and Verdicts).
The issue of voting or running in democratic elections in itself is not from
the Nawaazil. It is clear that it is impermissible, but the issue of weighing
out the benefits and harms of voting for the lesser of two harms for the great
masses of Muslim minorities in the West does encompass Nawaazil because a
decision like this greatly affects the lives of millions of Muslims. It needs
immense knowledge, deep insight, wisdom, understanding and experience and these
qualities are found in the recognised major Scholars of Ahlus-Sunnah and not
the common Muslims, students of knowlege or Du'aat.
Shaykh Ibraaheem ar-Ruhaylee said about such issues of Nawaazil:
"...it is the rulers [Scholars are included as well] who are the authority in
this affair, they are the ones who are to be referred to when it comes to the
issue of the interests/well being of the general public, whether it is the
issue of boycotting or other than that from the major issues that befall the
public. We notice that during a lot of these major affairs, the common folk
take on the responsibility of directing the masses and propagating their
opinions, whether they do so by sending messages through cell phones or through
the internet or other mediums, they take on the responsibility, put themselves
forward and direct the masses
Trying to come with a ruling in such major
affairs is not something simple, rather the situation has to be properly
analyzed, the consequences of the decision have to be taken into account as
well as the repercussions. This is why you will not find any intelligent person
who ponders over these issues except that he would realize that
being hasty in such situations may lead to terrible repercussions upon the
Muslims, rather it may even be from what Allaah has prohibited."
Fifthly, we have the issue of utilising the internet as a means of giving
advice. If in fact this was the intent of those who posted their opinions on
various Salafee sites then they must know that when you give Naseehah in this
manner it is called Fadheehah (i.e. exposing/humiliating someone) and the
article of al-Haafidh Ibn Rajab (rahima-hullaah) which was translated on this
site some time ago vividly clarifies the difference between the two.
The administration at Madeenah.Com has exerted itself in addressing this
issue as well as many other issues in the past but we now ask the question:
When will we start conducting ourselves like the Scholars whom we claim we
follow?
When our Shaykh, Muhammad ibn Haadee was advising Shaykh Faalih al-Harbee for
eleven years as he mentions to us now, was he doing it publicly and in general
gatherings or was this something done privately between the two of them?
When our Shaykh, Rabee' ibn Haadee was advising Abul-Hassan al Marabee for
seven years to retract his errors on various issues, did he do it publicly or
privately between themselves?
This is the methodology of the Ulamaa when it comes to giving advice, as the
Prophet (sal-Allaahu 'alayhe wa sallam) said:
"Whoever desires to advise the leader then he should not do so publicly,
rather he should take him by the hand and advise him privately. If he accepts
then so be it and if he rejects it then he has carried out his responsibility."
(Saheeh Muslim).
The Ulamaa explain that this is the basis when it comes to giving advice to
any Muslim and it is not restricted to the Muslim leader.
To conclude, it appears that most of the confusion appears to stem from not
knowing how to conduct ourselves when our Scholars differ in issues of
Ijtihaad. Especially in issues like this, issues that only arose in our era,
issues that were not present at the time of the Salaf, issues where differing
is more likely to occur between our Scholars since they would be the pioneers
in delivering a verdict concerning them. An article by Shaykh Ibn 'Uthaymeen
has already been published concerning how Ahlus-Sunnah should conduct
themselves in such cases where he stated:
"There is no doubt that this type of behaviour damages this Ummah and it is
imperative for the students of knowledge to understand that this is detrimental
and disappointing to all of us.
I will ask you: Did any revelation come to you from Allaah informing you that
the position which you chose is correct?
If no revelation came to him to inform him of this, then how is it that he
can be so convinced that his position is the correct position?! He doesn't
know, perhaps his brother who opposed him and took a different position could
be the one who is actually correct and he himself is the one who is astray!!"
This article can be accessed here, and another by Shaykh Saalih al-Fowzaan on
the topic will follow Inshaa.-Allaah.
Additionally, we recommend the Muslims seek benefit from Shaykh Ibn
'Uthaymeen's important book, entitled: "The differing between the Scholars and
our position regarding it" (ÇáÎáÇÝ Èíä ÇáÚáãÇÁ æ ãæÞÝäÇ ãäå).
Shaykul-Islaam Ibn Tayamiyyah said:
"He is not the Faqeeh, one who forces his opinion upon the people."
Shaykh al-Albaanee said:
"It is from politics to stay out of politics."
It would be wise to suffice ourselves with the speech of our noble Salafee
Scholars and not get involved with our own opinions in affairs which are worthy
of Scholarly attention.
Finally, Madeenah.Com is always open for sincere advice and suggestions as
too are the translators of the articles therein. That said, we pray that we can
all benefit from such information and conduct ourselves in a befitting manner
if such issues arise in the future, and not behave in a manner that would only
increase hostility and splitting between the Salafees, issues in which the
Salafee Scholars themselves have differed in but would never behave in such a
manner amongst themselves, wAllaahul-Musta'aan.
We implore Allaah ('Azza wa Jall) to unite our hearts as Salafees and to
forgive us our sins and transgressions and allow us to work together upon
al-Birr and at-Taqwa for indeed He is capable of all things.
wAllaahu A'lam, and all praise is due to Allaah (alone), the Lord of the
worlds, and may the salaat and salutations be upon the final Messenger sent to
the Jinn and Mankind; Muhammad, his family and all of his noble companions.
Madeenah.Com Administration,
- revised and approved by:
Abu Abdul Waahid Nadir Ahmad
Abu Az-Zubayr Shadeed Muhammad
Abu Abdullaah Mohammed Akhtar Chaudhry
Zulfiker Ibrahim al-Memoni al-Athari
Authored by : Madeenah.Com Administration
Date Published: Monday, 12 March 2007
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