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The Legal Status of Voting in Elections10 min read

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The Legal Status of Voting in Elections

The Legal Status of Voting in Elections

In the hands of individuals lies the destiny of nations,

Every individual is the star of their nation’s fate.

Our Misunderstandings

In the current era, dirty politics has tarnished the words “election” and “vote” to such an extent that they are now associated with deception, lies, bribery, and deceit. Therefore, many honest individuals do not consider getting involved in this chaos appropriate. It is essential to note that there is no connection between the politics of elections and votes with religion. Within our society, there are a few misconceptions in this regard, and it is necessary to dispel them.

It is religiously obligatory to use your vote

The first misconception arises from the natural arrogance of simple people, its intention is not so bad, but the consequences are very bad. The fact is that today’s politics has become synonymous with deception and trickery.

In the past, our politics has undoubtedly become a swamp of opportunists. But until some honest people come forward to clean it, this filth will continue to increase, and one day, this filth will reach their homes. This misconception, no matter how well-intentioned it may be, is still harmful for the country and the nation.

Therefore, wisdom and integrity demand not to criticize this political filth from afar, but rather demand that efforts be made to remove it from the hands of those who are constantly making it dirty.

الرابع عشر‏: ‏ عن أبي بكر الصديق، رضي الله عنه ، قال‏: ‏ يا أيها الناس إنكم لتقرءون هذه الآية‏: ‏ ‏{‏يا أيها الذين آمنوا عليكم أنفسكم لا يضركم من ضل إذا اهتديتم‏}‏ ‏(‏‏(‏المائدة ‏: ‏ 105‏)‏‏)‏ وإني سمعت رسول الله، صلى الله عليه وسلم، يقول‏: ‏ “إن الناس إذا رأو الظالم فلم يأخذوا على يديه أوشك أن يعمهم الله بعقاب منه‏”‏ ‏(‏‏(‏رواه أبو داود، والترمذي، والنسائي بأسانيد صحيحة‏)‏‏)‏‏.‏

Abu Bakr As-Siddiq (May Allah bepleased with him) reported: “O you people! You recite this Verse: ‘O you who believe! Take care of your ownselves. If you follow the (right) guidance [and enjoin what is right (Islamic Monotheism and all that Islam orders one to do) and forbid what is wrong (polytheism, disbelief and all that Islam has forbidden)] no hurt can come to you from those who are in error.’ (5: 105) But I have heard Messenger of Allah (ﷺ) saying: “When people see an oppressor but do not prevent him from (doing evil), it is likely that Allah will punish them all.” (Riyad as-Salihin)

If you are witnessing oppression with open eyes, and you have the ability to mitigate this injustice by actively participating in elections, then it is your duty, according to this saying, to not remain silent but rather to strive to stop the oppressor by taking action, instead of sitting quietly.

The loss of not casting a vote

Hazrat Abu Musa Ash’ari (رضي الله عنه) narrates that the Prophet (ﷺ) said:

ن كتم شهادة إذا دعى إليها كان كمن شهد بالزور. (معجم اوسط طبرانی میں 270 ، جلد:2)

Whoever is called for testimony, but then conceals it, is like one who gives false testimony

The Prophet Muhammad (ﷺ) said:

Hazrat Sahal bin Haneef (رضي الله عنه) is reported in Musnad Ahmad.

من أذل عنده مؤمن فلم ينصره وهو يقدر على أن ينصره، أذله الله على رؤوس الأشهاد يوم القيامة. (الجامع الصغير ، حدیث نمبر 8356)

Whoever humiliates a believer in front of someone, and despite having the ability to help, does not assist them, then Allah Almighty will publicly disgrace them on the Day of Judgment.

It is forbidden to not vote

From a legal perspective, the status of a vote is akin to testimony and witness, and just as giving false testimony is forbidden and unlawful, similarly concealing testimony when needed is also forbidden.

This is the guidance of the Holy Quran

۞ وَإِن كُنتُمْ عَلَىٰ سَفَرٍۢ وَلَمْ تَجِدُوا۟ كَاتِبًۭا فَرِهَـٰنٌۭ مَّقْبُوضَةٌۭ ۖ فَإِنْ أَمِنَ بَعْضُكُم بَعْضًۭا فَلْيُؤَدِّ ٱلَّذِى ٱؤْتُمِنَ أَمَـٰنَتَهُۥ وَلْيَتَّقِ ٱللَّهَ رَبَّهُۥ ۗ وَلَا تَكْتُمُوا۟ ٱلشَّهَـٰدَةَ ۚ وَمَن يَكْتُمْهَا فَإِنَّهُۥٓ ءَاثِمٌۭ قَلْبُهُۥ ۗ وَٱللَّهُ بِمَا تَعْمَلُونَ عَلِيمٌۭ ٢٨٣

If you are on a journey, and find no scribe, then (you may have resort to holding something as) mortgage, taken into possession. However, if one of you trusts the other, then the one who has been trusted should fulfill his trust, and should fear Allah, his Lord. Do not conceal testimony. Whoever conceals it, his heart is surely, sinful. Allah is All-Aware of what you do. (2:283)

Rather, for the purpose of bearing witness, Islam has approved that a person should fulfill this obligation before making any claim, and in it, one should not await anyone’s invitation or encouragement. Hazrat Zaid bin Khalid (رضي الله عنه) narrates that the Prophet (ﷺ) said: ‘Shall I not inform you of the best of martyrs? He is the one who gives his testimony before it is asked for.’ (Sahih Muslim: 1719). Does it not tell you who the best witness is? It is the person who fulfills his testimony before making any claim.

Voting is undoubtedly a form of testimony, and all the rules of the Quran and Sunnah apply to it. Therefore, safeguarding the vote is not just a religious obligation; it is the duty of every Muslim to use it correctly. It is worth considering that if honest, religious, and moderate people sit together in unity on all election matters, it implies that they are entrusting the entire field to the wicked, troublemakers, and irreligious individuals. In such a situation, it cannot be expected that a government of good and qualified individuals will come to power. If religious people are indifferent to politics, they have no right to complain about the country’s moral and ethical decay because they themselves will be responsible, and all the consequences, good or bad, will be on their shoulders, and their future generations will not be able to escape the corruption and vice that they did not make any effort to prevent.

Elections are not a purely worldly matter

A second misconception related to elections is more serious than the first. People have limited their understanding of religion to just prayers and fasting, hence they consider the affairs of politics and economy completely separate from religion. They believe these matters to be entirely free from religious considerations. Consequently, many such individuals are seen who strictly observe prayers, fasting, and other religious practices in their personal lives. However, they show no concern for what is lawful and forbidden in business transactions, nor do they care for the religious rulings in matters of marriage, divorce, and community relations.

Rest assured that in the hereafter, every individual will have to stand before Allah. Such people will also have to answer for their actions in elections, along with their other deeds, regarding how honestly they used this ‘testimony’. They tolerate various kinds of corruption in it, thinking of it as a worldly matter, and do not realize that they are committing a grave sin. Therefore, many people give their vote to an unworthy candidate based on personal relationships, kinship, or superficial respect and kindness, even though they well know in their hearts that the person they are voting for is not eligible or that someone else is more deserving. Influenced only by friendship, kinship, or outward consideration, they misuse their vote in the wrong place, never considering the enormity of the crime they commit from a religious standpoint.

Regarding this, the Holy Quran states;

وَلَا تَقْرَبُوا۟ مَالَ ٱلْيَتِيمِ إِلَّا بِٱلَّتِى هِىَ أَحْسَنُ حَتَّىٰ يَبْلُغَ أَشُدَّهُۥ ۖ وَأَوْفُوا۟ ٱلْكَيْلَ وَٱلْمِيزَانَ بِٱلْقِسْطِ ۖ لَا نُكَلِّفُ نَفْسًا إِلَّا وُسْعَهَا ۖ وَإِذَا قُلْتُمْ فَٱعْدِلُوا۟ وَلَوْ كَانَ ذَا قُرْبَىٰ ۖ وَبِعَهْدِ ٱللَّهِ أَوْفُوا۟ ۚ ذَٰلِكُمْ وَصَّىٰكُم بِهِۦ لَعَلَّكُمْ تَذَكَّرُونَ ١٥٢

Do not approach the property of the orphan, except with the best possible conduct, until he reaches maturity. Give full measure and full weight in all fairness- We do not obligate anyone beyond his capacity – and be just when you speak, even though the one (against whom you are speaking) is a relative; and fulfill the covenant of Allah. This is what He has enjoined upon you, so that you may observe the advice. (6:152)

Therefore, when the decision of conscience and integrity is that the person you are voting for does not deserve the vote, or another person is more qualified than him, then at that time, giving him the vote merely based on personal relations falls under the category of false testimony. The Quran has condemned false testimony so strongly that it has been mentioned alongside idolatry.

It is instructed;

ذَٰلِكَ وَمَن يُعَظِّمْ حُرُمَـٰتِ ٱللَّهِ فَهُوَ خَيْرٌۭ لَّهُۥ عِندَ رَبِّهِۦ ۗ وَأُحِلَّتْ لَكُمُ ٱلْأَنْعَـٰمُ إِلَّا مَا يُتْلَىٰ عَلَيْكُمْ ۖ فَٱجْتَنِبُوا۟ ٱلرِّجْسَ مِنَ ٱلْأَوْثَـٰنِ وَٱجْتَنِبُوا۟ قَوْلَ ٱلزُّورِ ٣٠

Having said that, whoever observes reverence of the things sanctified by Allah, it is good for him with his Lord. And permitted to you are the cattle, except those mentioned to you through recitation (of the verses). So refrain from the filth of the idols and refrain from a word of falsehood, (22:30)

In the noble Hadith, the Prophet (ﷺ) has, on numerous occasions, classified bearing false witness as one of the major sins, ‘Al-Kaba’ir’, and sternly warned against it. Hazrat Abu Bakr (رضي الله عنه) narrates that once the Prophet (ﷺ) said, “Shall I not inform you of the greatest sins? Associating partners with Allah, disobedience to parents, and pay close attention! False testimony, false statement!”

Hazrat Abu Bakr (رضي الله عنه) also states that the Prophet (ﷺ) was sitting with support against something, and when the topic of false testimony was brought up, he sat up straight and repeatedly emphasized the words ‘false testimony.’ (Bukhari:6871 / Muslim:87)

These warnings apply specifically to the misuse of voting that is based solely on personal relationships, and giving votes to an unworthy candidate in exchange for money, which, in addition to bearing false witness, also constitutes the grave sin of bribery.

Therefore, the matter of casting votes should never be regarded as a purely worldly issue, unrelated to religion. Be assured that every individual will stand before Allah in the Hereafter and, along with their other deeds, will also have to answer for how they used their “testimony” and whether they did so with honesty.

Giving a vote to the incompetent is a severe sin

Some people also think that if voting for an incompetent person is a sin, then how virtuous are we? We indulge in countless sins from morning to evening. If one more sin is added to our long list of sins, what harm is there? But understand well that this is the greatest deception of the self and Satan. First of all, if a person thinks this way at the time of committing every sin, then he can never avoid any sin. If a person is involved in a little filth, he should worry about getting cleansed from it, not dive into a pool of filth.

Secondly, there is a big difference in the nature of sins. The sins whose consequences the entire nation has to suffer are much more severe compared to private sins. Individual crimes, no matter how vile and severe they are, their effects don’t go beyond a few individuals; therefore, their rectification is generally within one’s control. It is easier to seek forgiveness and hope for pardon for these sins. In contrast, a sin whose bad outcome the whole country and nation have suffered, there is no way to rectify it. It’s like an arrow that cannot return once shot from the bow. Therefore, if a person avoids such bad actions in the future, it is still very difficult to be absolved of the past crime and very little hope for relief from its torment. In this regard, this sin is more severe than theft, robbery, adultery, and all other sins and cannot be compared to other crimes.

It is true that we commit dozens of sins morning and evening, but all these sins are such that if Allah grants the grace of repentance at some time, they can be forgiven and rectified. But this does not mean that we should ensnare ourselves in such a sin whose rectification is impossible and whose forgiveness is very difficult.

The Importance of Our Vote

Some people also think, what significance does one person’s vote have against millions? What impact can it make on the country and nation’s future if it goes wrong?

But understand well that, firstly, if every individual starts thinking this way at the time of voting, obviously, not even a single vote in the entire population will be used correctly. Secondly, the system of counting votes that we have, even the vote of an illiterate, ignorant person can be decisive for the country and the nation. If a godless, misguided, and immoral candidate gets just one more vote in the ballot box than another, they will be successful and will dominate the entire nation. Thus, sometimes the mere negligence, mistake, or dishonesty of an ignorant and uneducated person can destroy the whole country. Therefore, in the prevailing system, every single vote is valuable, and it is every individual’s religious, national, and collective duty to use their vote with as much attention and importance as it truly deserves.

انتخابات میں ووٹ کی شرعی حیثیت

JazakAllahu Khairan for reading. If you have found this information beneficial, please share it with your loved ones and friends. May Allah reward you abundantly for your efforts.

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Umme Muhammad

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