MAY 1 — A mustafti is the term for a person who seeks a fatwa, or a religious opinion or ruling from a mufti who is a qualified Islamic scholar.
In simple words, a mustafti is the one who poses a question to a mufti who provides the answer. The answer is called a fatwa, which is a legal opinion or ruling that is non-binding.
Sometime in March 2017, the mustafti was an Indonesian student majoring in International Relations. The mufti was Dr Khaled Abou Al-Fadl, one of the world’s leading authorities on the Shariah (Islamic law) and Islam, and a prominent scholar in the field of human rights.
He is the Omar and Azmeralda Alfi Distinguished Professor of Law at the UCLA School of Law where he teaches International Human Rights; Islamic Jurisprudence; Political Asylum and Refugee Law; The Trafficking of Human Beings: Law and Policy; Political Crimes and Legal Systems; and Muslims, Race and Law.
The question was: Does Islam allow a Muslim to vote for a non-Muslim to be in the position of governor, in a Muslim-majority country?
The mustafti explained the context of his question as follows:
Asked if a Muslim should vote for a fellow Muslim with no track record or a non-Muslim failed as the better candidate, Professor of Law at UCLA Khaled Abou Al-Fadl replied that he will choose the candidate who best serves justice as he ultimately has to answer to Allah. — Picture from X/usuliinstitute
“In the capital city of Indonesia, there is currently an election going on. And for the first time in the country’s relatively young democracy, we are faced with a dilemma that we have never faced before.
“We have to choose between a candidate for a governor who is a non-Muslim and has been hailed as one of the finest (but far from perfect) candidates, and another candidate who is Muslim and has no proven record yet, but shows great potential to become a good leader.
“This situation has never happened before, that a non-Muslim candidate can be a serious challenger for the governorship of the country’s capital province – the country being a Muslim majority country.”
The mustafti further explained:
“Muslims in my country are split along three lines: (1) those who feel that democracy is un-Islamic, with Islam forbidding participating in the voting process; (2) those who believes that the Quranic verse (Surah Al-Maidah: 51) forbids Muslims from voting for non-Muslims, when there are Muslim alternatives, especially in a Muslim majority country, and (3) those who are in favour of the principle of ‘the greater good’, believing that the Quranic verse is only applicable when it comes to war, but not when it comes to democratic processes, especially when the elected would not have the authority to intervene in the religious matters.
“So how should I position myself in this matter?” asked the mustafti.
The mufti responded to the question as follows:
“If I understand the situation correctly, the question is whether, in a democratic system in which there are Muslim candidates and non-Muslim candidates, it is permissible for a Muslim citizen to vote for or otherwise help elect the non-Muslim candidate in preference to the Muslim candidate?
“And further, I understand that your question is based on the situation in Indonesia where there is a Muslim candidate and a non-Muslim candidate for elections, and you feel that the non-Muslim candidate is more qualified or otherwise preferable to the Muslim candidate.
“I refer you to my book Rebellion and Violence in Islamic Law (Cambridge University Press 2001), especially to the portions discussing whether Muslims owe an obligation to support the just, regardless of their faith or religious affiliation, or whether they should always support a Muslim, even if the Muslim is less just or unjust.
“My position is best reflected in the treatise of the Hanafi jurist Zayn al-Din al-Malibari titled Tuhfat al-Mujahidin, where it is argued that Muslims have an affirmative duty to support what is just and what is right, and if there is a non-Muslim who is just versus a Muslim who is unjust, and similarly if there is a non-Muslim who is not corrupt versus a Muslim who is corrupt, then in my view, it is an affirmative sin to support an unjust Muslim over a just non-Muslim.
“Islam is not about qabaliyyah (tribalism). Islam is a millah (faith), a faith that is about justice, morality, and goodness.
“I must say that there are normative demands created by the nature of democratic aspiration. If Indonesians wish to live in a democratic order, then their ethical commitment must be to civic virtues; in other words, to principles of justice, equity and goodness, and not to narrow principles of tribalism, superficial identity politics and nepotism.
“Anyone [who] dares to participate in a democratic system must be honest. Either they reject democracy altogether and then they should not participate in elections and should not run as candidates because to do so while not believing in democracy is sheer hypocrisy and dissimulation, which is of course haram.
“But if they do run for elections or vote, then they implicitly accept the principles of democracy. For a democracy to work, people must commit to, as I said, civic virtues, not identity politics.
“So, when someone comes to me and says: vote for a Muslim who is unjust, corrupt or otherwise unethical, I tell them: you want me to pick loyalty to a fellow Muslim over my loyalty to Allah?
“I cannot do so in good faith as a Muslim. Even more, I believe I would ultimately have to answer directly to Allah in the Hereafter if I do so.
Dr Khaled concluded his fatwa with an advice:
“My advice to you and to all Indonesians who believe in a democratic order is to vote for the person who will best serve justice. For this person is the person who truly embodies the principles of Islam whether that person calls himself/herself a Muslim or not.”
The above fatwa and advice should guide Muslims everywhere, whether in countries where Muslims are the majority or in countries where Muslims are the minority.
Like the Muslims in Singapore.
The island republic holds a parliamentary election on May 3, the first big test for new prime minister Lawrence Wong.
I reckon that Muslims in Singapore know that Islam is not about qabaliyyah (tribalism) but a millah (faith) that is about justice, morality, and goodness.
* This is the personal opinion of the writer or publication and does not necessarily represent the views of Malay Mail.
