The idea behind establishing legislative parliaments emanates from the democratic concept which says that the rule is for the people and by the people, and that the people are the legislative source; democracy means that all the people form the state, and that everyone has the same rights as the others in appointing the government and choosing the rulers and passing bills of legislation. So people have the right of legislation and to choose the leaders and have the absolute power in running their affairs. The people are any group of persons living in one country regardless of their race, colour, creed or language.
Since all the people cannot practically form the legislative body, they choose deputies to represent them as the legislative and executive body, these deputies form the House of Commons i.e. parliament. Parliament is the body that selects the ruler or the head of state who will in turn select the cabinet and hand out the ministerial portfolios.
The Work of Legislative Parliaments
The work of parliaments can be summarized in two points:
1. Legislation and passing laws.
2. To give the government a vote of confidence, or no confidence.
The Islamic Verdict
What is the Islamic verdict concerning legislative parliamentary elections, be it selecting a candidate, or standing as a candidate or selecting or voting for a deputy?
As for legislation, parliaments in general and particularly in Europe legislate non Islamic laws, and in some cases laws completely contradictory to Islam; they legislate laws and systems of unbelief (kufr), this action is forbidden by Islam. This in Islam is known as "Rububiyyah" (Lordliness). Allah (SWT) says:
"They take their priests and their rabbis to be their lords in derogation of Allah." [EMQ 9:31].
Islam considers this as resorting to the rules of non-Islam in which we have been ordered to disbelieve. Allah (SWT) says: "Have you not turned your vision to those who declare that they believe in the revelations that have come to you and to those before you? Their real wish is to resort together for Judgement in their disputes to the Taghoot (non-Islam) though they were ordered to reject it. But Satan's wish is to lead them astray far away (from the Right)." [EMQ 4:60].
This action is not the right path for believers, Allah (SWT) says: "If anyone contends with the Messenger even after guidance has been plainly conveyed to him, and follows a path other than that becoming to men of Faith, We shall leave him in the path he has chosen, and land him in hell - What an evil refuge." [EMQ 4:115].
Legislation has not been approved in Islam by any text of Shari'ah, so it is rejected, as narrated in the Hadith of Muslim on the authority of Ayesha: She said that the Prophet (SAW) said: "Whoever performs an action not ordered by us it is rejected". As for giving a vote of confidence to rulers who are elected to implement these kufr laws, this is an approval or acceptance of other than what Allah (SWT) has decreed, and is a cooperation on Ithm (oppression) and Allah (SWT) has forbidden this for believers.
This is the Islamic verdict on parliaments and their functions as well as on the function of the members of parliament (including deputies and congressmen).
The Islamic verdict on the appointment of parliamentary candidates for legislative parliaments or to vote for candidates for legislative parliaments is prohibited (Haram) whatever the intention was or the objective behind such actions. Therefore being a minister in a kufr (unbelieving) regime, or enjoying some legislative powers or giving the ruler a vote of confidence is forbidden, because the means which lead to Haram ends are Haram.
Standing as a parliamentary candidate is also prohibited in Islam (Haram) whatever the intention was or the objective behind such actions. As for those who wish to become deputies (MPs) in order to take part in parliamentary business such as voting on any legislation (whether for or against) or giving the ruler a vote of confidence etc., this is totally forbidden and rejected; Muslims should not vote for them because it is a
means that leads to forbidden ends (Haram) and helps and strengthens mischief, sin and wrongdoing. Islam has forbidden such actions for Allah (SWT) says:
"Help not one another in sin and transgression, but keep your duty to Allah. Lo! Allah is severe in punishment" [EMQ 5:2].
Source : Sharing Power With Kufr Regims, Shaikh Omar Bakri Muhammad
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