Fatwa Against Democracy

Posted: April 4, 2011 in Against Democracy, Fatwas, Muslim Jurists of America

American Muslim Leader Issues Fatwa Against Democracy

Posted by Translating Jihad

Translated from the website of Dr. Salah al-Sawy, the secretary-general of the Assembly of Muslim Jurists of America (AMJA), 28 March 2011:

Between the Shura and Democracy

Q: What is the difference between the Shura and democracy, and which is preferred? Are there any books which could benefit me on this topic? May Allah reward you well.

A: In the name of Allah, the most merciful and gracious.
Praise be to Allah, and peace be upon him the Messenger of Allah, and upon his family, companions, and those that follow him. The Shura comes from the rulings of the shari’a, and an entire surah of the Qur’an was sent down with this name. The difference between it and democracy is that the Shura does not exist (under Islam) except in the areas of permissible actions or legislative amnesty. For things which have been stipulated in the texts of Islam, the Ummah possesses no power except to acknowledge and obey, following the saying of the Most High:  “It is not fitting for a Believer, man or woman, when a matter has been decided by Allah and His Messenger to have any option about their decision: if any one disobeys Allah and His Messenger, he is indeed on a clearly wrong Path” [Qur’an 33:36]. For example, it is not for the Shura to consider, “Should the noon prayer contain four or five bows?” Or, “Should we fast during the month of Ramadan, or should we replace it with the month of Shawwal?” Or, “Should we forbid wine or allow it?” Or, “Should we forbid adultery, or permit it if it’s done by consensual agreement of those who have reached the legal age, and it’s not done on the married couple’s bed?”

Al-Bukhari said in his Sahih:  “The Imams after the time of the Prophet (peace be upon him) would consult the trustworthy scholars in things which were permissible, to take the best option. But if the Qur’an or the Sunnah was clear on the matter, they wouldn’t transgress against it, following the example of the Prophet (peace be upon him). The reciters of the Qur’an would consult, whether old or young, and they were careful to adhere to the book of Almighty Allah.”

But democracy gives free reign to the authority of the Ummah, and puts no ceiling on it. The law is the expression of its will, and if the law says it, the conscience must be silent! A constitutionalist even said:  “We have departed from the divine right to rule for kings, and replaced it with the divine right to rule for parliaments!” The shari’a, on the other hand, differentiates between the source of the legal system and the source of the political authority. The source of the legal system is the shari’a, while the source of the political authority is the Ummah. Meanwhile democracy makes the Ummah the source of both. On my website there is a book named “Political Pluralism.” If you review it, it will you benefit you in regards to this topic, Allah-willing. Allah Almighty is all-powerful, all-knowing.

Thanks to Translation Jihad: http://translating-jihad.blogspot.com/2011/03/american-muslim-leader-issues-fatwa.html

Comments
  1. Syed says:

    Election system is part of democracy. Whereas, Islam, Quran and Sunnah does not allow it. Even the first election system of so called Caliph Abubaker immediately after the holy Prophet (SAWW) was an election between Mohajirien v/s Ansar and it was a false action against the words of the Law of our Lord. Qur’an and Sunnah allow only a nomination system. And a Vice (Caliph) can not be appointed through any way of election. Even 2nd so called Caliph of Islam himself disputed it and decided not to be called a (Caliph) Khlifah after Abubaker but issued an order to be called Amir-ul-Mominein. By this order he himself abolished the words of Holy Prophet (SAWW) in relation to available Amir-ul-Mominein of the holy Qur’an.

    Therefore, democracy & Shorah in relation of a Caliph has no place in the holy Qur’an and Sunnah. Foundation of an election is a “Majority Verdict”, and according to the holy scriptures of Qur’an majority verdict has no value, it’s a wrong practice and guides on the wrong path. Qur’an has condemned many times and rejected the majority. Qur’an allows only a nomination system and Khalipha (Caliph) can only be appointed / nominated accordingly. Therefore, there is no place for democracy or Shorah on the issue of Khilafah (Caliph) in Islam. As well as a sinner can not be appointed or nominated as a Caliph / Khalipha for the Islamic nation / Umah. It is against the holy Qur’an.

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