FATWA ON PARTICIPATION IN PROVINCIAL COUNCIL ELECTIONS (2009)

Provincial councils are service councils in which the people of one governorate participate in electing its members to run their affairs, and their elected members provide projects and services that this governorate needs. Primarily service.

Because Iraq was under occupation during that period, Sheikh Abdul Karim Zidan was asked several legitimate questions about these councils and the elections related to them - in particular - and he answered with the following:

Question:

What is the ruling on participating in the upcoming provincial council elections (2009) in Iraq, both as candidacy and for election? ...According to your knowledge of the current situation in Iraq, is this ruling confirmed and strengthened?

Answer:

In principle, it is permissible and even obligatory to participate in these elections (for members of provincial councils) to achieve the interest of the general public by obtaining membership in these councils, and the evidence for this is that the powers of the provincial council include what is in the best interest and fulfillment of the needs of the people of the province, which is mentioned in these powers And it enters into the concept of righteousness and righteousness among the requirements of the Shari’a, because of the Almighty’s saying:

( وَتَعَاوَنُوا عَلَى الْبِرِّ وَالتَّقْوَىٰ ۖ وَلَا تَعَاوَنُوا عَلَى الْإِثْمِ وَالْعُدْوَانِ )

(And cooperate in righteousness and piety, but do not cooperate in sin and aggression). What is not done without it is an obligation), and since achieving these powers is a means of obtaining membership in the council, participating in the provincial council elections to win its membership is a means to achieve what we have mentioned. Cooperation purposeson the land, then the means is obligatory, and at the very least it is delegated, and the delegate may not be denied or objected to.

In terms of candidacy, whoever finds in himself the necessary competence and the ability to carry out the powers granted to him by this membership in the provincial councils, he must nominate himself, unless he finds someone who is more qualified than him and able to achieve the intended goals of his victory, then he must withdraw and nominate the most qualified one. The one who is most able to achieve these interests and his example is like the one who finds in himself the competence in leading the worshipers for prayer, but he saw someone who is more qualified than him and more able to carry out the requirements of leading the prayer, so he is the most deserving of this leadership. Others have it on that basis.

Question:

What our honorable professor says about those who let people down from participation, justifying this with some suspicions, including that there is no point in participating in the first place because the results are settled, and that there will be no change and that the matter will remain as it is, and that participation in it legitimizes the occupation and the conditions resulting from it, and that I am not convinced of everything Entities displayed on the scene..etc

Answer:

If we know that participation in the provincial council elections is permissible and even obligatory, then neglecting the participant is a failure to do a legitimate matter or it is a good thing, and neglecting to perform a legitimate duty which is good and not from evil, it is not permissible because this is the matter of the hypocrites, the Almighty said:

( الْمُنَافِقُونَ وَالْمُنَافِقَاتُ بَعْضُهُم مِّن بَعْضٍ ۚ يَأْمُرُونَ بِالْمُنكَرِ وَيَنْهَوْنَ عَنِ الْمَعْرُوفِ )

(the hypocrites and hypocrites Some of them enjoin what is wrong and forbid what is right). This is contrary to the affairs of the believers, because the affairs of the believers is to enjoin what is good, and from it is {performing the duty} themselves, and it is well known to participate in the elections that we are talking about, the Almighty said:

( وَالْمُؤْمِنُونَ وَالْمُؤْمِنَاتُ بَعْضُهُمْ أَوْلِيَاءُ بَعْضٍ ۚ يَأْمُرُونَ بِالْمَعْرُوفِ وَيَنْهَوْنَ عَنِ الْمُنكَرِ )

(The believing men and believing women are allies of one another. They enjoin what is right and forbid what is wrong) Or what is included in the concept of the well-known legally. As for what was mentioned about the suspicions that justify not participating in these elections, they cannot be relied upon or accepted for abandoning this duty or known legally, because the legal rule is that the Muslim is asked to perform his duty and is not asked about the failure to achieve or achieve the purpose for which it is intended. According to Islamic law, the necessity of the means to achieve its purpose, and the origin of that is the Almighty’s saying

( وَمَا عَلَى الرَّسُولِ إِلَّا الْبَلَاغُ الْمُبِينُ )

(And there is not upon the Messenger except the [responsibility for] clear notification) so this is the duty of the Messenger. As for the lack of fulfillment of the purpose of this message, which is acceptance of what he conveys, this is something that the Messenger does not ask about .

As for saying that participation in the elections is because they were fraudulent in advance, or because their results were predetermined, etc., from these suspicions, the answer to them is what we said above, that we have to do what is legally obligatory on us and we are not required to achieve the purpose for which this legal duty came.

As for the claim that participation in the provincial council elections is a form of legitimizing the occupation and sufficiency, it is true, because my participation in these elections in doing what is obligatory for me, for example, if I pray in a mosque close to the circles of the occupying infidel whom I cannot uproot from the ground, and the infidel is allowed to go to the mosque. He can prevent the worshipers from performing the prayer “as the Jews do today in the Al-Aqsa Mosque.” Mosques” and because they fulfill the legal duty by performing the congregational prayer in it, advising them and enjoining what is good among them.

Question:

What does the doctor say about the importance of voting..is it a form of the obligatory testimony to God...and what is the ruling on it..is a sinner who neglects its performance?

Answer:

Yes, participation in the provincial council elections and similar elections, in which it is obligatory to participate in or the delegate to participate in them, for the legal qualification of such subscriptions is a form of martyrdom, because when the voter elects a person, it is as if he testifies that this person is qualified to win this position or position, and God says:

( وَلَا تَكْتُمُوا الشَّهَادَةَ ۚ وَمَن يَكْتُمْهَا فَإِنَّهُ آثِمٌ قَلْبُهُ )

(And do not conceal testimony, for whoever conceals it - his heart is indeed sinful), And His saying:

( وَلَا يَأْبَ الشُّهَدَاءُ إِذَا مَا دُعُوا )

(And let not the witnesses refuse when they are called upon)

Question :

What is the ruling on one who votes for candidates on the basis of kinship or for any consideration other than integrity, honesty and sufficiency, or votes for a candidate he does not know to defy those who disagree with him in a matter of jurisprudence?

Answer:

The original is for the voter. We have said that these elections are like martyrdom. And the witness must be truthful in what he testifies because he testifies to the truth and the truth, and to testify to the one who deserves to be told about him that he is strong and trustworthy. It is not legal for a voter to elect a person because of his kinship with him, his tribe, clan or party to which he belongs.  The concept of power here includes the ability to do what is legitimate, including the powers granted to a member of the provincial councils, and one of the meanings of power is also in addition to being an honest Muslim about whom no major or disturbing precedent is known, to have a social position or to be from a family known for honesty, knowledge and sincerity People accept him and help him to implement what is within his powers, and other reasons that have a strong influence in electing someone who can achieve the greatest amount of interest for the people of that province. Rather, he must elect him despite his disagreement with him in what justifies the difference.

Question:

Does the voter bear a responsibility if he gives his vote to the opportunists or the corrupt... Meaning does the elected bear the burden of taking on someone who is not worthy of this responsibility?

Answer:

Yes, the voter is considered a witness to the vote as a false witness in which he came from the threat that is proven and transmitted in the Qur’an and Sunnah, which we need not mention  .

Question:

If we assume for the sake of argument that all the candidates for candidacy for these councils are not eligible for it... Is it obligatory to abstain from voting, or is it obligatory to vote to present the least bad and the least harmful to the religion and the world?

Answer:

Here he must choose someone who is less evil according to his knowledge, while not electing those who speak loudly about major sins, such as dealing with usury, committing immoralities and prohibitions, insisting on leaving prayers until Friday prayer, or being known to be hostile to the people of truth, advocates of Islam and Muslims, and other things that the voter cannot elect because Islam A person will be held accountable for what he bases on his knowledge and information about this person to be elected.

Question:

If some people abstained from voting, and that would result in the victory of those who are not worthy of this mandate. .. Will he who refuses to sin be inflicted by the preference of the unfaithful over the good or the least evil of them?

Answer:

The abstainer, if there is no justification for his abstaining that is acceptable according to the balances of Sharia, then he is a sinner for his abstention. It is not permissible to abstain from his election for a long time, because this is an abstention out of whim or out of enmity, envy, or the like.

That is why the people of knowledge say in complaining about the judges that the guardian should not accept this complaint if it is against a judge known for his justice based on a long fight in the many cases in which he is not known to follow his whims, so the complaint here is from the door of insulting him and distorting his reputation without any justification The guardian is required to preserve the reputation and position of just judges and to keep them in their respected position among the people.

Friday 4 Safar 1430 AH January 30, 2009