Assalaamu ‘Alaiykum to all my dear Brothers and Sisters;
Please allow me to respond using the ‘tawkeel’ argument.
Voting in the Trinidad and Tobago General Election is an act of delegation (tawkeel) where a delegator (muwakkil) appoints a delegate (wakeel) to act on one’s behalf.
Tawkeel (delegation) is a legitimate Islamic contract and is used in cases such as representing someone for marriage or for the guardianship of minors.
Tawkeel, as an Islamic contract, has to proceed according to the rules of Islam.
One pillar of tawkeel is that the delegator (muwakkil) can only delegate that which the Shari’ah deems permissible since the delegate (wakeel) acts on behalf of the delegator (muwakkil). So what is halaal for the delegator (muwakkil) can be delegated and what is haraam for the delegator (muwakkil) cannot be delegated.
For example it is halaal (permissible) for me to delegate another to buy me a pint of milk as it is halaal for me to buy a pint of milk. It is haraam (forbidden) for me to delegate another to rob my neighbours since it is haraam for me to rob my neighbours. This is known as Ghiyaab ul-Mawaani Ash-Shari’ah (the absence of any divine prohibition).
Returning to the fiqh al-mas’alah (or specific reality) of voting in the Trinidad and Tobago General Election we face an insurmountable obstacle. The problem is that this is a delegation for someone to represent them, according to manifesto of the delegate (wakeel), in a legislative chamber – in this case the Trinidad and Tobago Parliament as an MP.
Worse still, the delegator (muwakkil) cannot specify or hold the delegate (wakeel), in this case the MP, to only act on their behalf on certain matters e.g. against Israel or against foreign invasions such as of Iraq and Afghanistan. The MP will generally legislate, vote on legislation, debate legislation, help to draft legislation, amend legislation, propose legislation and defend legislation on behalf of the delegator (muwakkil).
Here we have to ask if it is halaal (permissible) for a Muslim to do any of the things that the delegate (wakeel), in this case the MP, will do.
It is a matter of ‘aqeedah that a Muslim does not have a say when it comes to legislation:
“It is not for a believer, man or woman, when Allah and His Messenger have decreed a matter that they should have any option in their decision” (Translated Meaning of Al-Qur’an [TMQ] 33:36)
This is because the right of legislation is only for Allaah SWT (c.f. TMQ 12:40).
Muslims should look to the Shari’ah for all matters:
“But no, by your Lord, they can have no (real) faith until they make you judge in all disputes between them and find in their souls no resistance against your decisions, but accept them with the fullest submission” (TMQ 4:65)
Not to man-made legislation, which is Taghut (an authority other than Allaah SWT):
“Have you seen those (hypocrites) who claim that they believe in that which has been sent down to you, and that which has been sent down before you, and they wish to go for judgment (in their disputes) to the Taghut while they have been ordered to reject them?” (TMQ 4:60)
So I disagree with the comment that “Voting and participating in the electoral process is not tantamount to legislating against Islam” because voting in the Trinidad and Tobago General Election and delegating an MP to act on your behalf is getting involved in legislation without doubt.
As Muslims we should stay with the halaal regardless of our desire (hawah) for any perceived benefits:
“Have you (O Muhammad SAW) seen him who has taken as his ilah (god) his own desire (hawah)? Would you then be a wakeel (delegate) over him? Or do you think that most of them hear or understand? They are only like cattle; nay, they are even farther astray from the Path.” (TMQ 25:43-44)
You are right that we face difficult times and you are right to call the Ummah to action and for that I applaud you but legislating by man-made law, in violation of the Islamic ‘aqeedah, is a line we cannot consider crossing. We should instead have tawakkul (trust/reliance) in Allaah SWT:
“Do they then seek the judgment of (the Days of) Ignorance (Jahiliyyah)? And who is better in judgment than Allah for a people who have firm belief?” [TMQ 5:50]
Wa- Salaam
Umar Abdullah
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