Shaykh Muḥammad Amān bn ʿAlī al-Jāmī
A questioner says:
There are many (“islāmic”) organizations in our islāmic and arab world, their main goal at the moment has become joining the parliament through elections and we know that these governments are un-islāmic governments. What do you advise us with? May Allāh bless you.
The Answer:
I ask Allāh, the Most High, for success and correctness. The parliamentary life or the national assembly; these assemblies –are basically– european, foreign and not islāmic.
The member gets to the parliament through election. And we know the meaning of election. Even if they call it a free and fair election, there is no free nor fair election. (It contains) buying of votes, partiality, flattering. And (election has) many other meanings. This is known.
Then, when the member gets to the parliament and he becomes a member of the parliament, he swears an oath upon honouring the constitution. And this legislation which he swears an oath upon honouring, is not an islāmic constitution, it is a man-made constitution.
If you ask a member of the parliament; “is this parliament of yours a legislative authority or an executive authority?” What will he respond with? “a legislative authority (which) legislates.” Meaning, an authority that partners with Allāh in lawmaking, and competes with Allāh in lawmaking.
And is it permissible for a Muslim to refer to himself as a legislator?! They now name the members; “the lawmaker”, “a member of the lawmaking committee”. What do you make as laws?! Are we not sufficed with the legislation of Allāh? Allāh’s legislation is present in the book. He revealed it in it’s completeness.
When we make a law that is in opposition to Allāh’s legislation, the meaning of that is that we are not pleased with Allāh’s legislation. Then, those assemblies are assemblies in which disbelief is being made towards the book of Allāh and the book of Allāh is being mocked.
It is not permissible for a Muslim, who has mercy on his faith, to participate in the parliament today.
The parliament is what it is, even if the countries that operate the parliamentary system might differ in their application of democracy. And majorly, they all apply democracy. And democracy means: the ruling of the nation by itself i.e they abandon Allāh, and they abandon Allāh’s religion, and they rule themselves by themselves.
And they hold that the rulings of Allāh which include: al-Qiṣāṣ (law of retribution), cutting the hand, beating the backs; are harsh rules that are not appropriate with this evolving world. And the evolving world is in need of flexible legislations that will lighten these harsh rules. We should enact life imprisonment instead of al-Qiṣāṣ. Then, a section is made in the constitution to lighten the prison sentence — instead of it being for life, (it is changed to) ten years. Then after few days, you will see your father’s murderer walking before you, with his head still intact, because the legislation permitted him to leave.
Is this not playing with the book of Allāh? And disbelief in Allāh’s rulings?
This is the ruling of the parliament. And the affair is very clear and it is in need of differing. And Allāh knows best.