Series of answers from the eminent scholar Ata Bin Khalil Abu Al-Rashtah, Ameer of Hizb ut-Tahrir, to the questions of the followers of his Facebook page "Fiqhi"
To: Hisham Banibaker
Question:
Assalamu Alaikum wa Rahmatullahi wa Barakatuh,
I would like to ask about the ruling on participating in monitoring parliamentary elections, along with the evidence. May Allah bless you.
Clarification of the question: The nature of the work has nothing to do with sorting or the organizational matters of the elections; the nature of the work is reporting news and statistics about the elections.
Answer:
Wa Alaikum Assalam wa Rahmatullahi wa Barakatuh,
You are aware that the parliamentary elections currently being held are not permissible according to Sharia because, under the existing systems—whether presidential or parliamentary—they are legislative elections for a state that does not rule by Sharia... Therefore, participating in them, assisting in their implementation, advertising for them to encourage turnout, supporting them, or the like is not permitted.
However, if your work is unrelated to these matters—"participation, implementation, encouragement, and support"—as you mentioned in your question (i.e., counting votes), and I repeat, without these four matters (participation, implementation, encouragement, or support), but merely from a statistical perspective, "i.e., counting the number of votes," then I do not see it falling under the prohibition. But the question now is: Can you guarantee that this statistical work will not be mixed with any of these four matters? In any case, if you guarantee that, then the prohibition does not include it. But it is better not to do it so that the people of these regimes do not use it to demonstrate the engagement of employees in election activities. The Companions of the Messenger of Allah ﷺ used to avoid several doors of the permissible (mubah) for fear of approaching the prohibited (haram). It has been narrated from the Messenger of Allah ﷺ that he said:
لَا يَبْلُغُ العَبْدُ أَنْ يَكُونَ مِنَ المُتَّقِينَ حَتَّى يَدَعَ مَا لَا بَأْسَ بِهِ حَذَراً لِمَا بِهِ البَأْسُ
"A servant will not reach the level of being among the Muttaqin (the pious) until he leaves that which is harmless out of caution against that which is harmful." (Narrated by At-Tirmidhi, who said this is a hasan hadith).
This is what I see regarding this issue, and Allah is All-Knowing and All-Wise.
Your brother, Ata Bin Khalil Abu Al-Rashtah
30 Jumada al-Akhirah 1442 AH Corresponding to 12/02/2021 CE
Link to the answer from the Ameer's (may Allah protect him) Facebook page
Link to the answer from the Ameer's (may Allah protect him) Web page