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RESPONSES ON ISSUES OF PVC COLLECTION AND VOTING

 Is collection of PVC or voting haram?

No and capital No.

Bismillah wa alhamdullilah wa salatu wassalaam alaa rosuulillah.

 1. Appointment of a leader is compulsory in any group of people. No religion or system lays more emphasy on it as does by Islam. Islam seeks a leader even in a team of three. The messenger of Allah has said: when three embark on a journey, let them make one of them the leader (sahih)
2. Appointment of a leader is from muamalat. Muamalat are generally permissible and can be done in any manner except there is prohibition. Hence, choosing leadership can be by voting, selection, appointment, monarchism etc. Can anyone categorically give a specific approach approved by Islam to choose leaders? That is opened for people concerned to decide. The manner Abubakr emerged a kalifah was different from that of Umar. That of Umar was unique from that of Uthmaan. Leaders are chosen according to the method as collectively agreed to by the people in a given society. Leadership cannot be by imposition but by the choice of the eligible majority. Minors are not responsible in Islam.  They cannot choose leaders. The same holds in election.

3. Election or voting by thumb printing, electronic card and so on can be one of the processes towards emergence of a leader. Even in the community or country of the Muslims such as Nigerian Northern emirate or Kingdom of Saudi Arabia respectively, are the leadership system exactly like the caliphate system as it was practiced among the companions?

What is important is that leaders must be made while fairless must be observed and the most pious and capable must be chosen. Then where is prohibition of voting? Then, what is the islamically approved alternative? Is it kingship or monarchism in a place collectively lived by Muslims and non-Muslims while both fairly have rights to leadership?

Having said the above, let me specifically address some of the points raised by those who saw collection of Permanent Voters Card (PVC) and by extension, voting as haram for the Muslims!

Point 1. And we are Muslims before we are "Nigerians"....

Comment: Yes but Allah who created us as Muslims created us in various nationalities and tribes. Not that He knows us as Nigerians, He made us. Surely, His wisdom preceded that we shall live and co-exist with non-Muslims. His will is not to make all Nigerians Muslims. It is that we live with non-Muslims in peace and collaborate with them in goodness as it concerns matters of national values and progress.

 He (Subhaanau wa taala) does not forget either that the righteous or the Muslims may not always be the leader in such pluralistic societies like Nigeria. Non-Muslims would at sometimes lead but our opinion must count in the choice of such leaders. A God-fearing ones who would respect our religious rights and not bias to us is surely a better option. How is that possible without making reasonable efforts?

Point 2. And as Muslims, we are expected to comprehend Tawheed and its Nullifiers(shirk). And among the nullifiers of At-Tawheed is rulling by man-made laws...
And democracy is among the man made laws..._

My comment: Ruling by man-made laws does not nullify tawheed except where it is apparently in violation of divine law. Man was not created except to rule, judge and make laws. The divine laws are there to serve as guidelines for man-made laws. A man as a leader makes it a law in his domain that no one comes out on a certain day of the week. Where does God make such a law? Then, has the man run foul of tawheed for issuing such a directive? No, it is even compulsory upon Muslims to obey if he is a member of such a community as long as it does not involve sins. Verses of Qur'an and statements of hadith command the obedience to order and directive of the leadership and authority with no reservation except it implies transgression against the laws of Allah. Are these directives or orders we comply with at home, street, work etc not man-made laws?
Yes, democracy is a man-made law just like a man's policy or principle that  all the family members eat dinner together before magrib prayer is man-made. It is purely on the basis of muamalat. No issue.

Point 3. It (democracy) is a system on its own and Allah has given us a completely different system(Shariah)...

My comment: Yes. Alhamdulillah we pray Muslims can appreciate Islamic shariah and apply it first on their lives privately. It is  sad that most of us think of shariah as a global or national institution rather than a provision for individual lives first and foremost. How many Muslim employers pay their employees on time? Doing that is the shariah. How many married or divorced his spouse according to shariah provision? How many Muslim parents are just among their children? What of justice while intervening as witnesses or in settling disputes? Are these not shariah? How many live according to these before talking about shariah at global or national level? Are the laws made for the state or men? Leave democracy for the state as her business. Take care of shariah as your own business. This implies you put the divine law above any other and you are excluded from those described as *'whoever does not judge by what Allah revealed...'.*
Do you think this verse addresses a nation or state or government? Nay, it addresses you and you alone. And me and me alone. And him or her alone. Not us or them.

Point 4. Democracy does not recognise the laws of Allah Azzawajal, the Creator of all that exists..it claims in its constitution to be supreme above every other law(the Quran inclusive)..._

My comment: this is not a fair remark. The constitutions of democracy are drafted by people in any community. The numbers and compositions of these people reflect in their tribal and religious diversities. In Nigeria, Muslims are involved in the draft of the constitution and Islam is duly recognised therein. Shariah is captured in the democratic constitution.

Under democracy, there is freedom of religion and worship. What does anyone mean by saying democracy does not recognize the laws of Allah? Are the Muslims forbidden from praying,fasting,observing pilgrimage, observing religious holidays and associating with religious groups?
Does democracy violate family rights,legalizes adultery, command drinking of alcohols? Is it not under democracy that we fought for the use of hijab in schools and recently when being called to bar in the law profession? Is it not under democracy that legislators oppose same sex marriage? Democracy has many flaws but it recognises Allah's laws. Wherever it does not, Nigerian law makers are responsible for not showing  wills or capacity to amend such provisions. Then, we should blame people and not the law. Law does not make itself just or unfair. It does not make people. People make and review it.

Point 6. And the so called muslim leaders(governors, presidents...) will swear with the the Book of Allah(Quran) to uphold this constitution(which claims to be supreme above the Book of Allah Azzawajal)...SubhānAllah!_

Comment: the previous comment is still relevant.

Point 7. And here we have a gentle reminder to be ready for elections...

Comment: What is wrong with this? In a country where leadership is an equal right of anybody with no regard for piety and character of the personalities, Muslims cannot stand aloof leaving the choice of leaders to the evil and selfish ones. Voting as an approved means by which leaders emerge, it is crucial that Muslims as bonafide citizens contribute their roles in the best interest of their country and protection of their religious rights.

Point 8. Man made laws are aimed at extinguishing the Light of Islam and discarding it into the dustbin of history...
Democracy has failed and will continue to fail...

Comment: as said earlier, not all man-made laws are antagonistic to Islam. Yes, democracy is failing because it is imperfect as a result of insincerity and ill-wills of men. And no matter how anyone does, it shall continue to be imperfect and liable to failures. Perfection is with Allah, not with men. In the daily lives of men, there would be review of laws, principles and policies.

Point 9. Muslims will only be victorious by holding onto the Sharia'h of Allah Azzawajal...._

Comment: This is a fact. However, it is more of a challenge to individual Muslims than communal. When each Muslim respect and apply shariah in their daily lives, the larger society would surely reflect it.

Point 10. Unfortunately, many Muslims have not understood this yet..

My comment:  Understanding of this subject in a way that shariah must be a state law rather than individual law in a secular state is rather inappropriate. What is most fair is shariah for the Muslims while others live and judged according to their own laws.

Point 11. Whoever is still in doubt regarding rulling with man made laws should ponder over the Words of Ar-Rahman:_

“And whosoever does not rule by what Allah has revealed is a Kaafir (disbeliever).”

Suratu Al-Ma’idah, verse 44.

Comment: This verse refers to the leader which is an individual and can be a man, woman, a watchguard, a child etc. It is still an address for an individual who wants to judge or act on any matter. How does it affect a voter in an election? Has Allah ruled against voting? Is voting as a means to selecting a leader opposing to what Allah enjoined? All of these have 'No' answers.

Regardless of the approach, the standing rule is that people with decent character and right quality should be appointed as leaders.  Leaders must not be imposed on the led. Their decision, opinion and interest must be involved.  It is no rule that a leader is acceptable to or by all to be governed. The rule is that he must be the choice and preference of the eligible majority. Aren't all these enriched in democracy? No one better deserves to participate in such a process that sees to emergence of leaders than the righteous, God-fearing and the informed. This is a duty of every citizen without the need to be a politician or personally vying for a position.

The greatest flaws of  democracy is in the principle of separation between religion and state as well as self desire, boasting and campaign for leadership among politicians.

These two conditions are directly against Islamic principles. This can only be used to discourage politics but not voting. This is because while the verse above may apply to a politician or a political leader, it may not be applicable to a citizen at the instance of voting. Voting as an effort to participate in choosing the right leadership and rescue the society from corruption of their moral, spiritual and economic integrity is not the same as being a politician.

This verse, like any other, is the sharia. It, like any other, primarily and first and foremost applies to individual's life rather than a community, state or country. It applies to a man over his house, a teacher to his students, leader to the led and you in your witness, judgement, relation to people individually or in group.

I am afraid, applying the text of the Qur'an like the above is similar to the application of the khawaarij of the following:

 {The command (or the judgement or ruling) is for Allah alone} (Q12:40)

They opposed and rebelled against Ali bn Abi Toolib because he appointed people to judge a case during an event that happened! How could he have judged or appointed anybody to judge when only Allah is a Judge?!!! Then he has ruled against what Allah has revealed!!! Subhaanallah! Inalillaahi wa inna ilayhi roojihun.

Point 12. Commenting on the above verse, Shaykh al-Islam Ibn Taymiya(Rahimahullāh) said:

"Undoubtedly, whoever does not believe that it is obligatory to rule according to that which Allāh has revealed to His Messenger is a Kāfir, and whoever thinks that it is permissible to rule amongst people according to his own opinions, turning away and not following that which Allah has revealed is also a Kāfir."

Ref: "Minhāj as-Sunnah", 5/130 - 132)

Shaykh Muhammad as-Sālih al-'Uthaymīn(Rahimahullāh) said:

"Whoever does not rule by that which Allah has revealed because he takes it lightly, or does not respect it, or he believes that something else is better than it or more beneficial to people, is a Kāfir whose kufr put him beyond the pale of Islam."

Al-Majmū'u at-Thamīn, 1/37-39)

Shaykh 'AbdulAzīz Ibn Bāz(Rahimahullāh) said:

"Whoever rules by something other than that which Allah has revealed thinking it is better than the laws of Allah is a Kāfir."

Ref: Majmūu' al-Fatāwa Ibn Bāz, 4/416).

May Allah grant us sound understanding of At Tawheed

Comment: It is as said by our eminent scholars. We do not defer from them. We accept their interpretation and explanation 100%. May Allah bless them all. Ameen to the prayer. Tawheed is the fundamental of the Deen. Its understanding is most crucial to claim to be a believer. The one who believes democracy is perfect and the best system such as the Shariah, or even better than it and can even substitute it cannot be a Muslim (the submissive) let alone a Muhmin (believer).

Voting does not come near that (except one does so convinced is the best and only ideal approach) especially in a non-Muslim country where it has become the only option and where anti-Muslim group and pro-corruption regime seek to holdsway. If it is not even compulsory to vote in this situation, the least it could be is recommendatory.

Voting is from muamalaat and there is no known prohibition in Qur'an and Sunnah. I may be wrong but I would accept correction only by authentic texts and not opinions that are based on mere analogies.

Choosing a good leadership is a major way to stop corruption and safeguard the society. This is a duty of a Muslim. If PVC or voting is the only available means to participate in that process, it is more advisable to do his part than stay aloof. To stop evil precedes seeking good. Voting for the good people stops evil of bad leadership and come far before (as a path) the good of evading partisanship, plot, self-seeking, fake promises and insincerity of democracy.

I end with the following summary on this subject titled: Muslims Participation in elections in Non-Islamic Nations as published by The Nigerian Centre for Arabic Research Publications (2014):
1. In general sense, Muslims are not allowed to participate in elections with non-Muslims, as such an act is deemed as an acceptance of the western concept of democracy...
2. It is allowed to consider certain aspects of laws/ways of life enacted by non-Muslims if it is established that there are some benefits for Muslims to enjoy from such laws/systems.
3. The feasibility of Muslims' participation in election is subject to certain conditions...and it should be aimed at actualization of Muslims' interests or/and at least lessening of sufferings or relegation they are subjected to.
4. The participation may be a product of necessity when the prevailing circumstances of the Muslim population calls for it...
(End of citation)

Lastly, our education today is western-oriented, we participate but as long as what they do does not violate our religious rights. We participate in democracy as voters and electorates as long as our religious rights are respected and not infringed upon. When they do, how do we seek justice or redress from the system we are indifferent to or those we least bother about their emergence as leaders of our affairs?

By the general law, neither PVC collection nor voting is mandatory by law. It is a choice. Anyone may choose not to vote or collect PVC but no one should tell me not to. It is a step taken too far to say I am weak in faith, have lost tawheed or apostatized on account of voting!

A view is not a proof against another. This is the position of the scholars over differing opinions that are based on individual logical and intellectual exertion. Among many of them, I can categorically mention Sheikh Soolih bn Uthaymin. Allah be merciful to them all.

All reactions or comments can be directed to my mail.

Subhaanaka Allahumma wa bihamdika as'shadu an laailaa Illa Anta was'tagfruka wa atuubu ilayka.

By Uncleyat
peace_life series@yahoo.com

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