Al Farouq vol 7 no 3

AL-FAROUQ NEWSLETTER VOL. 7 NO. 3 In The Name of Allah, Most Gracious, Most Merciful

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OFFICIAL ORGAN OF DARUL ULOOM ABU BAKR

RAJAB 1435 / MAY 2014

SPECIAL ELECTION EDITION

Soon millions of South Africans will be making their way to the polls to have a say in electing a new leader, or probably re-electing the old one.

This is part of the so-called democratic process of election by majority vote.

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trust that after voting has been completed, people don’t sit back and believe that democracy is well and thriving in South Africa. Democracy, as defined by kuffar standards, is not confined to the ballot box. Democracy is supposed to go far beyond that. Sadly, though, many politicians don’t see it that way. Once elected and ensconced safely in their respective seats of parliament, most of them forgot about all the pre-election promises that their parties made in all these mad preelection campaigns. One exception though, are those parties who lose first position in the election race and end up as the opposition. Indeed, they are most ardent in reminding their opponents of all the promises they (as the ruling party) had made in the lead up to presidency. Allah alone can judge the sincerity of this opposition.

CORRUPTIVE POLITICS It is an open secret that a major part of politics today is self-enrichment and aggrandisement. Recent reports of corruption among the ruling party’s hierarchy has only served to confirm and entrench this perception even further. It is indeed fright-

ening, from a Muslim’s perspective, to note the endemic proportions that this corruption has reached. The two most common forms of corruption in governmental circles are bribery and embezzlement of public funds.

The Noble Messenger of Allah, Muhammad , while condemning corruption of this sort, warned: “For every embezzler on the Day Judgment there shall be a flag planted at his rear. The flag shall be raised according to the extent of his embezzlement. And take heed: There is no worse embezzler than the leader of the masses!.” (Saheeh Muslim) Hazrat Mu’awiya (radhiyallahu anhu) narrates that he heard the Messenger of Allah say: “If Allah has placed a person in the position of leadership and then he ignores the needs and poverty of the people under him, Allah will ignore his needs and poverty” The narrator says that on account of this statement Mu’awiya had appointed an official to oversee and report on the needs of his people. (Narrated in Mishkātul-Masābeeh from Abu Dawood and Tirmizhi). In a narration of Musnad-e-Ahmad it is stated that Allah will close the doors of heaven

Volume 7, Issue 3

on such a leader.

These divinely inspired statements underline the immense burden that rests on the shoulders of a man in position of leadership. They also sound terse warnings for those leaders who contrive to line their pockets at the expense of public money, and those who turn a blind eye to the needs of people. All political leaders who commit crimes of this nature fall within the purview of these Divine Warnings, be they Muslim or non-Muslims.

THE ROLE OF MUSLIMS IN GOVERNMENT Today a number of Muslims are into politics and have become members of certain political parties. It is an incumbent Islamic duty on these Muslims to use their influence and position to eradicate corruption in the departments they serve. Not only will they be doing a great service to their country, they will also be displaying true Islamic character and will be earning the Pleasure of Allah Ta’ala. Being in such a position is a matter of amaanat – a sacred Trust. Such sacred trust comes with a responsibility to Allah and to those who have been placed in their charge In Islam leadership is primarily designed to roll out the Law of Allah in all spheres of life. For this reason a Muslim leader who is corrupt and of low morals will not qualify as a candidate for election, leave alone being allowed the luxury of contest(Continued on page 4)

A Shariah that has no poli cs is not a Shariah; And poli cs that is not subservient to Shariah is not (true) poli cs.

Hazrat Moulana Maseehullah sahib (RA)

AL-FAROUQ NEWSLETTER VOL. 7 NO. 3

your Q :viewWhaton isvoting?

Is it permissible for Muslims to vote in the up-coming elections in our country? : First and foremost, it must be born in mind that the voting process used in the so-called democracies of the world today is not a Shar’ee or Islamic procedure. This is an invention of the West, a practice that began over 200 years ago in the Unites States of America. We are constrained to add this annotation to the discussion because Islam has its own method of electing a leader.

The office of state-leadership in Islam is known as Khilaafah or Imaamat-e-Kubraa which is the highest form of leadership to be conferred on a human being. The leader of an Islamic State represents the Law of Allah and is regarded as the vice-regent of Allah Ta’ala on earth.

Such an office is, therefore, a lofty and sacred position that brings with it enormous responsibility. (See the front page article of this edition) Unfortunately, today the office of presidency or leadership has become a means for unscrupulous morons to enrich themselves and their families at the expense of misery and hardship to thousands of hard-working poor and middle-classed subjects.

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Secondly, a Muslim is not permitted to elect or appoint a non-Muslim to the post of governorship or presidency. All Muslim Scholars and Jurists are unanimous on this ruling; hence we find historically too, Muslim lands were never governed by kuffar governors or rulers.

In spite of the above, our view is that voting in the current elections will be, according to Shariah, permissible. In the past great luminaries such as the former Grand Muftis of Pakistan and India respectively, Hazrat Mufti Muhammad Shafee

(rahmatullahi alaih) and Hazrat Mufti MahmoodulHasan (rahmatullahi alaih), sanctioned the modern form of voting subject to certain conditions. And of note is the fact that Hazrat Mufti Muhammed Shafee (RA) allowed voting in the context of an Islamic State such as Pakistan. Even today the Ulema of the world have permitted voting in order to elect a leader even in Muslim countries.

In the South African context, where Muslims will vote in a non-Muslim country that neither recognises Islamic Law nor governs by it, the matter will be slightly different. In our scenario the Muslim who votes shall need to alter his or her intention at the time of voting. The Muslim vote within the context of a non -Muslim country shall be intended solely for the safeguarding and acquisition of religious rights and freedom. It is quite possible that in the election process, if the successful party sticks to its promises, worldly rights and privileges will also be procured, but that is secondary. Our first and prime concern is to install a party that would serve the cause of Islam and protect our Deeni interests. This, therefore, should be the intention uppermost in a Muslim’s mind when casting that vote. A Muslim should never intend to support a particular party in policies that are inimical to the Shariah of Islam. Such an act is haraam.

Q : Who should we vote for?

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: We are not in a position to advocate or promote the cause of any particular political party for obvious reasons. However, there are certain Islamic criterions that can and must be applied when casting a vote. From the previous answer it is evident that our vote should go to a

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party who would guarantee protection of our Deeni interests and grant further religious freedoms. In addition to this, we must also take into account the party that will commit the least amount of fraud, corruption, and abuse of resources. As stated elsewhere in this publication, we Muslims have a duty to fight corruption and the abuse of the God -given resources of our country. If we can wage this fight through the ballot box, then so be it. Such an endeavour will be regarded as a noble and worthwhile exercise.

Should we support the Q :Muslim party known as AlJamaah? : Al-Jama’ah is definitely a Muslim-only party and it portrays itself as a ‘faith based party’.

This party has given some indication of its positive role in Muslim affairs in the country by, for example, voicing its opposition to the Muslim Marriages Bill. Whether such a move was a political stunt to woo supporters or a genuine show of solidarity with Muslims, only Allah knows. We sure hope it is the latter. If Al-Jama’ah party meets the criteria mentioned above then it certainly merits support at the polls.

Remember that this whole election is designed to install a party that will uphold a non-Muslim constitution. However, it will make some difference if a Muslim party gains some seats in parliament, albeit in the capacity as an opposition or protesting force.

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The story of Bilqees the Q :Queen of Sheba is mentioned in the Quran. Can we use this story as proof that it is permissible for a female to become a leader of state, for example, a Queen, Prime Minister, etc.? With the present democratic system in our country it is possible, albeit in the distant future, for a Muslim woman to be elected as the President.

Will a Muslim woman be allowed to accept such a post?

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AL-FAROUQ NEWSLETTER VOL. 7 NO. 3

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: Firstly, at the time when she was queen, Bilqees was not a Muslim. According to the Quran Shareef Queen Bilqees and her people worshipped the sun. The Quran-e-Kareem describes them as kaafireen and states that they made sujood to the sun. Further on the Holy Quran clearly mentions how she was invited to Islam by Nabi Sulaiman alayhis-salaam. Allah Ta’ala then mentions her declaration of iemaan, when she said: “I have submitted (as a Muslim) along with Sulaiman unto Allah, Lord of the Worlds.”

It is therefore, highly misleading and totally incorrect to infer or to attempt to prove the permissibility of female leadership from the story of Bilqees, for at that point in time she was not a Muslim. It is not possible to establish a law of Deen from the practices of kuffar.

Secondly, there is a principle of Shariah that must be understood: Any act, law, or ordinance that was given to the Prophets before can only become part of our Shariah, i.e. the Shariah of Nabi Muhammad (sallallahu alayhi wasallam) if our Quran and Sunnah did not oppose or abrogate it. If a law that existed in the Codes of former Prophets was cancelled by our Shariah, such law cannot form part of Islam and cannot be practiced upon. For example, in Surah Saba Allah Ta’ala informs us that the Jinn used to build statues and images for Nabi Sulaiman (alayhis-salaam). The Arabic word used in that verse is tamaatheel, plural of timthaal which means a lifelike statue of a human being or animal. That was permissible in the Shariah of Nabi Sulaiman (alayhissalaam). However, Our Rasool (sallallahu alayhi wasallam) prohibited the sculpturing or manufactur-

ing of images and statues; hence this law of the former Shariah has been abrogated.

We will use the same principle to understand the question of a woman becoming the leader of a state. On the assumption that it was lawful in times gone by for a female to be elected as the leader of a country, it has to be acknowledged that Islam has forbidden this. The famous hadith of our Rasool (sallallahu alayhi wasallam) states: “A nation that has entrusted its leadership to a woman can never be successful” Another hadith, narrated by Imam Tirmizhi, states that when your affairs are entrusted to your women, then the belly of the earth is better for you than its surface’ The Jurists of Islam have used these statements as evidence for the Islamic ruling that women may not hold any public posts or positions. In conclusion, it will not be permissible for a Muslim female to run for elections. the number of MusQ :limsWithinvolved in politics nowadays, it is possible that one day a Muslim might become President of South Africa. If this should happen, will that Muslim be considered a true Islamic leader in terms of Shariah, and will the relevant Laws of Shariah be applicable to such a leader? In other words, will he be bound by Islamic Law and should he implement any Law of Shariah will it be valid and recognised? : Since our country is not governed by Islamic Law and our Constitution is not an Islamic one, a Muslim president in this context will not be regarded as an ‘Islamic’ leader. However, should a Muslim ascend to the seat of presidency at any time in the future, such an individual should try his best to pass ordinances and legislation that are

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not in conflict with Shariah and that do not go directly against the ethos of Islam. Being in the powerful position of enforcement and political authority, the Muslim leader shall have a greater responsibility to ensure fairness, justice, proper law enforcement, eradication of corruption and bribery, and the upkeep of similar noble ideals. These ideals are common to all religions, not only Islam. In short, a Muslim leader in whatever level of government should display noble conduct and also govern others by it.

We learnt that a Muslim Q :should never seek a post. So is running for elections permissible, for this entails running after a position? : It is correct and this is the original ruling of Shariah that seeking a post or position is not permissible. However, under this discussion the Muslim Jurists state that if a candidate believes that he is more qualified than other candidates to fulfil the post, then it will be permissible to campaign for that position. An example of this is an Aalim who enters a Musjid and realizes that there is no one capable of leading the Salaah. In such a case it is permissible for this Aalim to go forward and lead the salaah without being asked to do so. Refraining to do this will open the door for unqualified and unfit candidates to fill the vacuum. It was precisely for this reason that Nabi Yusuf (alayhissalaam) requested to be placed in charge of the country’s finances in his time, a position that today is known as ‘Minister of Finance’. He knew that there was no one more capable than him to fill the post.

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do the Ulema not go Q :intoWhypolitics and make themselves available for election?

Won’t it be a good idea to have an Aalim in parliament? : For this we need to understand the role of Ulema in the Muslim community. According to authentic hadith the Ulema are the

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AL-FAROUQ NEWSLETTER VOL. 7 NO. 3

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heirs of the Prophets. So their role will be the role of the Prophets. The legacy of the Prophets that came down to the Ulema was knowledge of Deen. Whatever roles the Prophets fulfilled, the Ulema will accomplish the same. Our Noble Messenger (sallallahu alayhi wasallam) once said to his Sahaaba: “You have more knowledge than me in relation to your worldly matters. I have been sent only as a teacher (of Religious matters)” This statement conveys a unique relationship between the laymen and Ulema. The function of Ulema is to teach and guide their communities in Deeni matters. The laymen of the community will pursue and uphold those worldly affairs that affect and protect the community. This is, therefore, the unique alliance between Ulema and ordinary people. So in politics the same will apply. Members of the Muslim public should get into politics under the guidance and direct supervision of the Ulema. But

we cannot expect Ulema to abdicate their position of teaching and guiding the Ummat by becoming involved in politics. The Ulema have to maintain a certain degree of neutrality in worldly matters in order to be fair in their rulings and judgments of Deen. By getting involved in politics such neutrality will be severely and perhaps irreparably compromised. sixth form student Q :andI amama considering joining the police force, however many Muslim brothers advise me not to as the Sharia is not applied in the UK : Joining the police force nowadays does not mean that you have to implement policies that are contrary to Shariah. Most of the activities of the police revolve around prevention of common crime and apprehending criminals.

This objective is totally in keeping with the teachings of Shariah, for Islam also shares this common pur-

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pose. So if you join the police force with the intention of fighting crime, it will be a noteworthy objective and you will be rewarded.

However, during the course of your police activities, you should not resort to the malpractices that some policemen are guilty of, such as taking bribes or using their authority unjustly to oppress the weak. In fact, you should avoid all forms of injustice or abuse of power. Also intend that should you make it through the ranks and achieve senior status in the police force, you would use your influence and power to stamp out all forms of corruption. I am not sure how much power senior policemen yield in the UK, but should you reach the top echelons, insha Allah, you might be able to implement certain Islamic practices and forms of discipline. This will be a wonderful way of propagating Islam. Keep this intention in mind if and when you decide to join the force. Also intend that you shall use your position to assist Muslims who are in need, or to restore to the oppressed their rights. These are all noble functions that are advocated by Quran and Sunnah. motivating factor behind these votes.

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ing it. In this article we intend highlighting the difference between the Islamic form of leadership and leadership as defined by Western, kuffar law. The Shar’ee method of electing a leader differs vastly from that of non-Muslims.

The major factor that influences the decisions of an electorate as to which political party they should vote for is the benefits of life that the party could or would create.

People look at the party which can provide extra jobs and housing, better living standards, increased subsidies for the needy, free education, more health care, reduction

in crime rate, and so forth. All this can be pinned down to basic material benefits. The party that can deliver on its promises in this regard will get the most votes, thus securing enough seats in Parliament to become the legal rulers of the country. It is thus absolutely clear that the main purpose for voting in today’s democratic systems is to secure a comfortable worldly life.

There is nothing spiritual or religious about this. It is simply a matter of supporting the side which butters the bread. Such voting is not governed by any moral conscience. There is no religious or spiritual benefit to serve as a

For a Muslim, who is bound to look at the situation from an Islamic perspective, electing a leader takes on an entirely different hue.

In Islam, if Muslims are able to elect or appoint their own leader of state, it is Waajib (incumbent) upon them to do so. In the ensuing paragraphs some interesting facts of true Islamic leadership are highlighted.

THE INSTITUTION OF KHILAAFAT IN ISLAM Government is referred to in Shariah as Khilafat (Caliphate) meaning vicegerency. The individual who is appointed as a leader of state is termed a Khaleefa. Since the lead(Continued on page 5)

AL-FAROUQ NEWSLETTER VOL. 7 NO. 3

(Continued from page 4)

er of a country is entrusted with the noble task of implementing the Law of Almighty Allah, he is considered the vicegerent of Allah Ta’~la on earth. It can thus be gauged how sacred and supreme the office of State -leadership is in Islam.

THE FUNCTIONS OF AN ISLAMIC GOVERNMENT Where this issue is discussed at length in the Books of Aqaa-id, the Ulema of Islam have enlisted the following major tasks that a Khaleefa is required to fulfill: Execution of the Islamic Justice System and Penal Code; Meting out justice on behalf of the oppressed; Establishment of Eid, Jum’uah, and the five daily salah; Waging of Jihad against those who impede the spread of Islam; Erection of Masaajid and Madaaris; Enlisting the services of Ulema to teach Deen and remunerating them for this service Regulation of waqf institutions; Overseeing the wealth of orphans and widows; Providing relief to the poor and destitute; Setting up Islamic courts; Providing basic amenities to the subjects of the country without any discrimination Implementing a national program for the spiritual reformation and upliftment of the entire nation These are but a few of the many important duties a Muslim ruler is expected to fulfill during the course of his tenor as Khalifah. Readers can thus gauge the exalted and superior status of leadership, and precisely for this reason has Islam laid down stringent conditions for Khilafat.

THE KHILAFAT-E-RASHIDA

The institution of Khilafat began from the blessed time of Hazrat Abubakr (radhiyallahu anhu), and continued through the golden era of the four Khulafaa. Hazrat Abubakr was undeniably the first Khaleefa in Islam. The era spanning the leadership of the first four khaleefas, viz, Abubakr, Umar, Uthman, and Ali (May Allah Ta’ala be pleased with them all) is termed Khilafat-eRaashida, or the Caliphate of Righteousness. The Khilafat of Islam, albeit at different levels, dominated the world for over 10 centuries. A decline in Islamic belief and practice, as well as pressure of Kuffar influence resulted in the Muslims abandoning Jihad, followed soon by the decline of Khilafat. Most laws pertaining to the election of a leader and government are derived from this golden era of Islam known as the Khilafat-e-Raashid, as we shall outline later.

The Fuqaha have described leadership of state as Imaamat-e-Kubraa (the major imaamat), in contrast to Imaamat-e-Sughra or minor Imaamat which is the imamat for jamaat salah. The Major Imaamat has been ordained by Allah as a representation of the office of Nubuwwat for the safeguarding and management of all Deeni affairs.

The establishment of such an office in the Ummat is wajib according to Ijmaa' or the consensus of all Ulema. However, the wujoob here is alal kifayah, so if a few assume and subsequently fulfill this responsibility, the rest will be absolved.

ESTABLISHING THE OFFICE OF IMAAMAT In the institution of Khilafat or Imaamat two groups play an important role:

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The Ahlul-Ikhtiyaar are those equipped with the necessary qualifications, who will elect a leader through mutual consent. The conditions to be found in this group are as follows: 1) Moral uprightness and integrity.

They should not be people who openly flout the Laws of Allah Ta’ala.

2) Knowledge of Islam whereby one is able to recognize the qualifications and requisites for Imaamat in a candidate.

3) Wisdom and experience in political matters.

The above three conditions are unique in that they ensure allround protection for the Ummah.

In moral rectitude it is ensured that the individual will be qualified to elect a leader and will do so with utmost sincerity, with the interests of the Ummah at heart.

Knowledge of Islam enables one to establish the credentials and qualifications of a candidate and thereby ensure that a suitably qualified man is placed at the helm of the Ummat's affairs. Experience and wisdom in politics ensure worldly benefit.

CONDITIONS FOR KHILAFAT According to the unanimous view of the Ulema, the person elected as a ruler of State must be: A Muslim male adult of sane mind, knowledgeable in Islamic matters, upright in morals and character, experienced and prudent in political affairs, courageous and brave, in possession of all faculties of physical perception, sound and healthy in body and limb.

THE ELECTION PROCESS In Shariah there are two ways a leader may be elected to power:

Ahlul Ikhtiyaar

or People of Choice Ahlul Imaamat or the candidates for this high office

Through

appointment or nomination of the former (Continued on page 6)

AL-FAROUQ NEWSLETTER VOL. 7 NO. 3

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Khalifa: The second Caliph of Islam Umar bin Khattab (radhiyallahi anhu) was elected in this manner. Before passing away Hazrat Abubakr (radhiyallahu anhu) nominated Hazrat Umar as his successor.

Through an election process of a select group: Prior to his demise Hazrat Umar nominated a panel of six senior Sahaaba from whom the new Khalifa was to be elected. One of the six was Hazrat Uthman (radhiyallahu anhu).

When this panel met after the death of Ameerul-Mumineen, they unanimously chose Uthman (radhiyallahu anhu) as the third Khalifa of Islam.

To summarize the afore-going: A leader of an Islamic State shall be elected by a group of such individuals who possess knowledge of Deen, peity, experience in political matters, and have the interests of Islam at heart. The number of this

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group can vary. It can consist of 6 people or 600. The condition is that the person they elect must have the qualifications of Khilafat, as mentioned above. If an outgoing leader nominates a successor, such a nominee automatically becomes the new ruler upon the demise or resignation of the former.

It is thus evident that in Islam it is not necessary for the whole country to vote in order to elect a leader. Essentially Muslim countries are obliged to adopt one of the previously mentioned procedures when electing a ruler into power.

This has been standard Islamic procedure since the golden age of the Khilafat-e-Raashida, and continued through twelve centuries of Muslim world domination.

VOTING IN A MUSLIM COUNTRY Notwithstanding the above method of election in Islam, should a Mus-

IMPORTANT ADVICE ON AFFILIATION TO PARTIES We are aware that Muslims in South Africa are in some way or other affiliated to different political parties. We appeal to all Muslims not to allow such diverse affiliation to affect and break our unity. After all, we are still one Ummat, regardless of which political party we vote for. As explained in our answers above, we all share the same reason for voting: the protection of Islam that serves as our unity base. Let us not act like some insane kuffar by fighting over worldly matters.

May Allah guide us all to the proper understanding and implementation of Shariah – aameen

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lim country allow voting en masse and elect a president or prime minister through majority vote, such an individual will become a recognized ruler of the Muslim state. That election process will be upheld. It will be obligatory on all citizens of that country to offer allegiance and obedience to such a ruler, unless he degenerates to the level of kufr, for then he loses his status as a leader.

Notwithstanding this, it is wajib or incumbent upon Muslim governments to revert to the age-old Islamic system of electing their rulers, as outlined in the afore-going paragraphs. This was the sunnah of Nabi Muhammed . Our success lies only in following the path etched out for us by the Blessed Rasool of Allah Ta’ala.

May Almighty Allah shower his choicest blessings and salutations upon that Noble Rasool .

The Holy Quran declares: "Most Certainly, the earth belongs to Allah. He grants it to whomsoever of his servants He wishes."(Surah A'raaf, aayat 128) "Say (O Muhammad): O Allah!

Master of Sovereignty, You grant dominion (political power) to whomever You wish and You snatch away dominion from whomever You wish."(Surah Aala Imraan, aayat 26) The earth belongs to Allah Ta'ala.

The appointment and dismissal of rulers and governments are by The Decree of Allah Ta’ala, The Sovereign of the universe. The rise and fall of political kingdoms and empires are by The Command of Allah Ta'ala. When one leader goes and someone else claims his seat, it is the Divine Decree of Allah Ta’ala at work.

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Published by: Darul Uloom Abu Bakr: 240 Haworthia Drive, Malabar, Port Elizabeth ‫ ׀‬PO Box 4280, Korsten, 6014