The Fiqh Against Voting for a US President

1. Introduction

For the last few decades, using many means and methods, the Muslim Ummah has sought to reverse its decline. In the USA, at many masjids, there is support steadily building for "participating in the system," changing the existing situation by using the current political institutions.

Unfortunately, with the 2004 Presidential Elections approaching, the idea that Muslims need to vote will be the topic for khutbas. Many will tell us why this is important for the Ummah. Perhaps they will express their anger about the war in Iraq or elsewhere, and say that if we Muslims vote for "good" presidents and congressmen, everything can change. Regrettably, it is unlikely that anyone will say anything about what is wrong about this kind of participation.

Hence, this article. Its purpose is helping us fully understand why voting in the present system is a haram act in Islam.

More importantly, Muslims must be aware of the Halal alternative. In the end, the Ummah must play a crucial role in world politics--but never as manipulated voters in western elections. It must realize that Islam is the one ideology with the potential to challenge the secular capitalism crushing most of the world today. Western politicians know this too: in order to cement their control over Muslim wealth, they are trying to misguide Muslim minds by offering mirages of influence and power in return for the adoption of western materialist political ideas.

2. What "Participation" in the Western Political System Means

Now before we understand the Islamic rules, two important points must be understood.

First, we need to clearly define what aspect of "participating in the system" we're talking about. Taken by itself, this phrase could refer to hundreds of acts: paying taxes, living in a non-Islamic society, or holding a position in a non-Islamic government.

If Islam is a complete system of life (Deen), then questions about every action, every situation, and every issue must have a specific answer from Islam's sources. In other words, every action or issue is governed by a specific Hukm Shar'ii (divine rule) taken from the Qur'an and Sunnah. Allah says in the Qur'an: It (the Qur'an) is not a forged statement but a confirmation of Allah's existing Books and a detailed explanation of everything… (TMQ: Surat Yusuf, ayah 111)

Thus, to get the answers needed, we Muslims must avoid using wastebasket terms that lump together all kinds of different-and possibly unrelated-actions. Instead, we must start thinking about simple or unique issues requiring a specific Islamic ruling.

Therefore, in this article, when we talk about participating in the political system, we mean participating in elections that will call upon us to vote for someone who is going to rule by a non-Islamic system. Even more specifically, we mean voting for those positions of legislative and executive authority under a non-Islamic system. Examples include: the chief executive of a city (i.e. Mayor), the chief executive of a State (i.e. Governor), or all the way up the food chain to the chief executive of the Country (i.e. The President). Positions like these are responsible for the creation and upholding of non-Islamic laws that govern our societies.

(On the other hand, for the purposes of this discussion, we are not talking about voting for administrative issues or "questions." Examples of this are: voting for a new board of education, for a new hospital to be built, for a new stoplight to be installed, or whether a call to prayer shall be heard in the community.)

Before we study the Hokum Shar'ii, we must also properly understand the reality of voting for a chief executive or legislator and what it entails. According to the dictionary, voting is a method to express one's preference for a candidate. Technically, this is what your vote represents, but what does your vote produce? No matter how anyone flips it or twists it, your vote is the mechanism by which a particular candidate comes to power. A candidate cannot come into power without your vote; it is essential. Thus, your vote contributes to a pool of other votes that assist in helping a particular candidate come into power; and if your candidate loses, you implicitly agree to accept the choice of the majority.

Muslims today seem to ignore the reality of what their vote produces under these conditions. Liking or disliking the candidate's platform is irrelevant here. The fact of the matter is, the only way for this man or women to get into office is by your vote, and once in office he or she will now make laws according to a national or state constitution or bill of rights, and not the Qur'an and Sunnah, which we as Muslims know to be the correct and only guidance.

3. The American Way vs. Sirat ul-Mustaqim

For example, let us look at The United States of America, which calls itself a "democratic society." In principle, democracy gives man a free hand to determine rules and laws as he pleases; it is sovereignty of the people, not God. But democracy doesn't stop there: it rejects the right of Allah (subhanahu wa ta'ala) to legislate.

In democratic societies, man insists on the right to make the rules and decide the law while Allah's commandments can simply be ignored. Only man gets to decide whether to accept liberal values, terminate the life of a fetus, or destroy entire countries in "humanitarian" wars, such as Vietnam, or now Iraq. The people select Individuals to serve on parliaments and legislative houses for debating, scrutinizing, and enacting law. The basis of legislation is the majority decision of these selected people, who will vote according to their personal experiences, their party lines and the business interests who pay them.

Democracy therefore contradicts the very foundations of Islam and its basic stand that Allah (subhanahu wa ta'ala) is the Sovereign Master and the only one with the right to determine legislation, rules and laws as He (subhanahu wa ta'ala) pleases. The rest of creation, including mankind, has no real option except to hear and obey the orders of Allah (subhanahu wa ta'ala).

Allah (subhanahu wa ta'ala) says, "The right of Rule is solely for Allah." (TMQ: Surat Yusuf, ayah 40)

This establishes clearly that He (subhanahu wa ta'ala) is the sole legislator. Islam as the last pure Deen should not be disgraced with having to ask a majority of voters whether its laws are valid or not. The laws come from the Legislator, Allah (subhanahu wa ta'ala) and demand immediate implementation. It is a principle of the Islamic Aqeedah (doctrine) that Allah (subhanahu wa ta'ala) is the source of all laws.

Allah (subhanahu wa ta'ala), the All Wise, states, "O you who believe, obey Allah, obey His Messenger and those in authority amongst you and if you differ over a matter, then refer it to Allah and His Messenger if you believe in Allah and the Last Day." (TMQ: Surat Un-Nisa', ayah 59)

This verse clearly enjoins the Muslims to refer only to Allah and His Messenger in all issues. Every matter, be it large or small, is governed by a law from Allah (subhanahu wa ta'ala).

Allah (subhanahu wa ta'ala) says, "And whosoever does not rule by what Allah has revealed, then such are the Fasiqun (rebellious)." (TMQ: Surat ul-Ma'idah, ayah 50)

Allah (subhanahu wa ta'ala) also says, "And whosoever does not rule by what Allah has revealed then such are the Zalimun (wrong-doers)" (TMQ: Surat ul-Ma'idah, ayah 48)

Finally, Allah (subhanahu wa ta'ala) says, "And whosoever does not rule by what Allah has revealed then such are the kafireen (disbelievers)." (TMQ: Surat ul-Ma'idah, ayah 47)

Ibn Abbas (RAAH) stated in his tafseer of this verse that anybody who denies a definitive judgment of Allah (subhanahu wa ta'ala) contained in the Shari`ah is a kafir. He went on to say that anyone who claims that the rule of Allah (subhanahu wa ta'ala) does not have to be established is also a kafir and that one who says the rule of man is better than the rule of Allah (subhanahu wa ta'ala) is therefore also a kafir. Ibn Abbas (RAAH) added that even the one who does not deny Allah's (subhanahu wa ta'ala) hukm (order), yet believes that it is allowed to rule by other than what Allah (subhanahu wa ta'ala) has revealed is a kafir because he is denying that the right to rule is solely for Allah (subhanahu wa ta'ala). This is the case even if he or she says that the rule of Allah (subhanahu wa ta'ala) is better than the rule that such a person is implementing.

4. Can Voting for a President, Governor, or Legislator Ever Help Muslims?

So, is it Islamically permitted to vote for a person that will rule/legislate in terms of kufr? Or in other words, does Allah (subhanahu wa ta'ala) permit us Muslims to help/support an individual commit a haram act, or in this case, several haram acts?

Does not Allah (subhanahu wa ta'ala) say, "Help not one another sin and transgression, but keep your duty to Allah. Lo! Allah is severe in punishment." (TMQ: Surat ul-Ma'idah, ayah 3)

Does not Allah (subhanahu wa ta'ala) also say, "O believers! Do not make friendship with those who are enemies of Mine and yours. Would you show them friendship, when they have denied the truth that has come to you and have driven the Rasul and yourselves out of your homes, simply because you believe in Allah, your Rabb? If it was indeed to strive in My way, and to seek My good pleasure that you left your homes, how can you befriend in secret? I know all that you conceal, and all that you reveal. Any of you who does this, he indeed had gone astray from the Right Way." (TMQ: Surat ul-Mumtahana, ayah1)

Also, is it not a fact that The United States and its western allies (i.e. Canada, Britain, etc.) currently declare themselves in a global war against "terrorism"? Now terrorism in itself is simply a definition that might be applied to anyone throughout history, but in this day and age, the label is getting stuck to Muslims and Islam. Remember, a US official recently stated, "Let's be real, the war against terrorism is actually a war against fundamental Islamics (sic); terrorism is just a euphemism" (NPR, May 25th).

Others also say, "We're not in the middle of a war on terror. We're not facing an axis of evil. Instead, we are in the midst of an ideological conflict with Islam itself" (New York Times 7/22/2004).

In other words, if you're a Muslim that is sick of seeing our lands ruled by a bunch of dictators and want to live under true Islam once again, where the Qur'an and Sunnah are applied in all spheres of life, then these countries and their leaders have a problem with you. Because the US and her western allies have recognized that the Islamic ideology, once revived and working, could really pose a threat to their world interests. Thus, they work very hard to make sure that a proper Islamic revival never takes place. This is done by trying to change Islam from within, by directly conquering and colonizing our lands, and by suppressing us with puppet dictators.

Here are just a few facts that support our statements.

Item: The US and her western allies maintain an extensive network of think tanks. These include the Rand Corporation, the Center for Middle East Studies, and the Heritage Foundation. They all have one primary objective: study Islam inside and out and find a way to change it. Or to put it another way, how can they westernize Islam in the name of modernization and make it fit into their secular world?

Item: The US and her western allies have conquered the countries of Iraq and Afghanistan, and in the pursuit of this they've directly caused the deaths of thousands of Muslims. Before that, official UN reports document that over 1 million Iraqis - mostly the young and the elderly - have died in the past 10 years as a direct result of American policies. (Baltimore Sun, November 2000) Another report cites that the number of Afghan civilians killed by US bombs far surpasses 5000 people. (BBC News, Jan. 3rd, 2002)

Item: The US and her western allies support the oppressors of Muslims. For example, the US annually sends millions of dollars to countries such as Israel and Uzbekistan. These countries openly jail, torture, abuse, and kill Muslims; and the US sustains their governments through aid.

The verses and facts above reinforce a very important rule: we Muslims are commanded by Allah (subhanahu wa ta'ala) to never help or assist the enemies of Allah in any way, shape or form. Voting for a President of the US or a Congressman leads to one thing only: helping a person come into power who surely will commit haram. Your ballot helps a person come into power as part of a system of oppression; your ballot helps a person come into power who will rule by kufr laws. As Muslims we should be extremely careful not to link any of our actions to anything haram. In addition, we Muslims should be even more careful not to assist those who Allah (subhanahu wa ta'ala) has defined as oppressors. Therefore, participation of this kind is forbidden in Islam.

It is true that with or without your vote, these people and the systems they govern by will rebel against Allah (subhanahu wa ta'ala) anyway. But at the very least, we Muslims should not assist them in doing so (i.e., by voting for them).

5. Some Arguments in Favor of Voting for Officials In the US and Similar Countries, with Refutations

On the other hand, some Muslims will contend that participation in the system via voting is a halal action. Some will even go as far as saying that it's an obligation (fard). The following are some of the most common pleas for this:

1. "My intention is to make change!"

Some Muslims say that if the intention is pure, then the action does not matter. They quote the Messenger (SAAW), "Actions are but by intention." With this, they justify participation in a kufr government and sharing power with it, or else allying with the kufr political parties and voting for them.

Imam Ghazali (RAAH) said, "Sins do not change their nature by intention. The ignorant ones (however) get that idea from the saying, 'Actions are but by intention.' They conclude that a sin can be turned into an obedience by a good intention, such as the person who backbites a man to please the heart of someone else, or feeds the poor with someone else's money, or builds a school or a mosque with unlawful money, while his intention is to do good. This is all ignorance; and the intention does not explain away oppression, aggression and sin. In fact, intending to do good by evil means - which opposes the requirement of the Shari`ah - is another evil. As a matter of fact, the things which put these ideas in the heart are the hidden pleasures and the inward desire. Therefore, the Prophet's (saaw) statement that "Actions are but by intention" is confined to obedience and Mubah things but not sins. Obedience can be turned into a sin by the wrong intention. On the other hand, sin can never be turned into obedience by good intentions.

Thus whether it is voting or any other action in life, when it comes to issues of haram, a Muslim's intentions and actions must point in the same direction. In other words, having your heart is in the right place does not justify committing a haram act. Even if you perceive a tremendous benefit in it, a haram act must at all times be avoided.

2. Using Prophet Yusuf's actions as a source of Shari`ah.

Some Muslims say that Prophet Yusuf (AS) shared power with kufr and implemented kufr law during the time of Al-Aziz in Egypt; therefore, it is lawful for us today to vote for a person that will do the same. Such an argument is invalid for two reasons. First, in Islam, previous Prophets do not constitute a source of legislation. We Muslims are commended to follow the Shari`ah of Prophet Mohammed (SAAW). It is a fact that every Prophet and Messenger conveyed the same concept of Tauhid, but the Shari`ah that was delivered to each one differed in its contents. When Allah (subhanahu wa ta'ala) revealed Islam, it cancelled all the other previous messages, and Allah (subhanahu wa ta'ala) states this fact clearly:

"The only Deen in the sight of Allah is Islam" (TMQ: Surat ul-`Imran, ayah 19. "And whoever seeks a Deen other than Islam, it will never be accepted from him, and in the Hereafter he will be one of the losers." (Ayah 85)

However, some scholars (mainly from the Hanafi school of thought) did accept this principle, but even they stipulated the following condition: the Shari`ah of our past is a Shari`ah as long as it does not contradict the Shari`ah brought by Prophet Muhammad (SAAW).

Thus, even if one were to use this weak principle as a justification for voting, it would be invalid because as stated above, this action clearly contradicts Qur'an and Sunnah.

Moreover, even the claim that Yusuf (AS) participated in the Kufr system is incorrect because the ayahs indicate that Yusuf (AS) was the ruler himself: "Thus did we give FULL AUTHORITY to Yusuf in the land, to take possession therein, as when or where he likes." (TMQ: Surat Yusuf, ayah 56) "Then when they entered unto him (Yusuf), they said, 'O RULER OF THE LAND! A hard time has hit us and our family, and we have brought but poor capital, so pay us full measure and be charitable to us. Truly, Allah does reward the charitable.'" (Ayah 88)

Had Yusuf (AS) implemented anything other than the message that he received from Allah, then he would have contradicted the entire concept of Prophethood. The Qur'an says that Yusuf made this quite clear: "The rule (or the judgment) is for none but Allah. He has commanded that you worship none but Him, that is the (true) straight Deen (way of life), but most men know not." (TMQ: Surat Yusuf, ayah 40)

Therefore, the "Yusuf argument" has no basis.

3. The notion that a Muslim has to pick between the lesser of two haram acts or in other words, "the lesser of two evils".

Those who propagate this idea openly admit that all the candidates in the USA are bad, but one of the candidates might not commit as much haram as the rest, and thus would be the lesser evil. This is one of the most misused ideas among Muslims today. In Islam, there are several general rules that can be applied to all situations. For instance, it is a general rule that all Muslims must pray 5 daily prayer and fast during the month of Ramadan. But for some general rules, Allah (subhanahu wa ta'ala) has also created specific exceptions. These exceptions are not general; rather, they are individual rules applied only to specific situations. For example, it is a general rule that we Muslims are forbidden to eat anything that Allah (subhanahu wa ta'ala) has made unlawful, like pork or any animal not killed according to Shari`ah. But as a specific exception to this general rule, Allah (subhanahu wa ta'ala) has allowed us to eat that which is normally haram to avoid death. This is a specific rule about usually haram food that cannot be applied to any other situation in life.

That being understood, there is NO general rule in Islam regarding the "lesser of two evils" that allows a Muslim to choose between two or more haram decisions. Thus, using this argument to justify voting is wrong.

The "lesser evil" concept should not be confused with the rule of "dharar" or harm. According to the latter concept, if somebody has very good reason to believe that if he does not do a haram action he will be killed, then he is not subject to punishment if he does do it. This case is referred to as "Ikrah Mulje" or "forced to commit haram". But as before, this rule is individual and is not general. In addition, voting for bad candidate X or bad candidate Y is not a forced decision; therefore, this rule can not be applied anyway.

4. "We must participate to secure the interests of our community (Maslahah").

Maslahah, or public interest, has become one of the most abused and misapplied principles in Islam today.

To begin with, the Shari`ah definition of Maslahah is: accepting public interest as a source for Islamic Law in the absence of evidence from the Qur'an and Sunnah. From its very definition, we see that using Maslaha to justify actions is wrong because all actions in life stem in some way from the Revelation, so there can never be an absence of evidence. Allah says in the Qur'an: "It (the Qur'an) is not a forged statement but a confirmation of the earlier Books and a detailed explanation of everything…" (TMQ: Surat Yusuf, ayah 111)

Very early classical scholars such as Abu Hanif were among the first to introduce the principle of Maslahah. In their lifetimes, the compilation of the Hadith was not yet complete, and they did not have every bit of the Islamic evidence at hand. Abu Hanifah (RAAH) himself recognized this, and added that should the collection of Hadith evidence become complete, then the principle of Maslahah would be null and void. Even later classic scholars, such as Imam Shafii (RAAH), declared Maslahah to be an invalid source of Hukm Shar'ii (divine rules), because by then, standardized compilations of the Prophet's sayings were available.

But even the scholars who used Maslahah as a source of fiqh set some conditions:

a) The Maslahah must be within the guideline and framework of Shari`ah.
b) The Maslahah must not go against the Qur'an and Sunnah.
c) The Maslahah has to be comprehensive. It has to benefit all the Muslims in the world (Ummah), not just one Muslim or one particular group like Muslims in America.

These set conditions do not make "Maslahah" a justification for voting in US presidential and congressional elections. Regardless of who comes to power, the system the candidates represent will bring harm, not benefit, to the Muslim Ummah as a whole. For example, a particular candidate might promise that once he comes into power via your vote, he will get rid of the Patriot Act. This would definitely benefit the Muslims in America, but when that same man would also sign sanctions against the Muslims of Syria or wages war against the Muslims of Iraq or Iran, there is no Maslahah there.

But more importantly, as stated above, participation of this kind goes clearly against the Qur'an and Sunnah. Again, Maslaha as a justification for this action is invalid.

5. "We have to vote because it is a fard for us Muslims to make a change and forbid munkar (evil). Therefore we need to vote in order for our voices to be heard".

This idea is incorrect. Sure, we Muslims need to forbid munkar, but we must not do munkar ourselves in the process. No doubt, the Muslims that advocate this idea have their hearts in the right place; but remember, a Muslim cannot fix a haram act with a haram act, whatever the intentions.

6. Conclusion: Seeking the Islamic Alternative

We have tried to explain in detail why the act of voting for those who will rule by kufr is haram. However, by no means are we suggesting that Muslims in North America should "just sit around and do nothing." Allah commands us all to represent Islam to the best of our abilities and forbid munkar when we see it. Whether you live China, Iraq or America, your duty as a Muslim is the same. Depending on where you live, there are many halal ways in which a Muslim can spread Islam and help strengthen their communities. For instance, if you live in America, you can write articles, create newspapers, write books, give lectures and seminars, hold youth workshops, build websites, and the list goes on and on. The intellectual struggle against munkar and oppression will eventually translate into action, inshallah. There are many avenues of media that we can use in order to get the message of Islam across and create change in our societies. This article in itself is just a beginning.

Unfortunately, some Muslims have been duped into thinking that by stepping into a small booth in Middle America, pulling a lever or touching a screen, they somehow are spreading Islam and solving our Ummah's problems. The solution to our problems won't come by following dead-end routes offered by the kufr system, but from outside the present order itself.

We Muslims need to expose the corrupt people in power today, and show the world that Islam came to earth to save man from the evil of what he has made. In other words, it's our duty to show the world that Islam is a complete system and is the true alternative to Capitalism.

To do this, we Muslims must educate ourselves what man-made systems are really about, and more importantly, what Allah's system can contribute. We need to relearn the Islamic ideas about Economics, Politics, Social Structure, and Government. Remember, the world will not be won over through weapons, or through existing systems, but through the power of ideas.

The only solution is to put your trust in Allah (subhanahu wa ta'ala), fear Allah's punishment, and do not disobey Allah's commandments. Today, we are living without the Khilafah and the right of Muslims to rule by Islam has been stolen away. Instead, we live under oppressive capitalistic "democratic" systems that produce the bad man-made laws ruling our land. Therefore, we must work to re-establish the Khilafah to restore our dignity in this world and the next. Instead of having discussions on voting for this or that person, we must consider how to make Khilafah a reality again.

The Messenger (SAAW) said, "Islam started as something strange and will again return as something strange. So give glad tidings to the strangers who will revive the Sunnah after it became corrupted".