الاقتراع الانتخابي بين الحقوق الشرعية والحقوق المدنية : (ماليزيا أنموذجًا)

Abstract

Islamic political scholars have determined that Islamic legislation has a unique system and specific methods for selecting rulers. This system is subject to established religious mechanisms, criteria, and conditions. This Islamic system was clearly evident during the establishment of the Islamic state, particularly after the passing of the Prophet Muhammad, peace be upon him. Consultation (shura) was employed among Muslims to choose a caliph, and no one was appointed as a ruler after him. This study aims to highlight the principles of Islamic politics through analyzing Quranic and Prophetic texts, examining the foundations of general and specific religious rulings, and applying them to the Malaysian elections as a model. The significance of the topic lies in the importance of transparency and integrity in presidential and parliamentary elections and their consequential effects. The researcher employed various methods including extrapolation, analysis, comparison, and conclusion. The researcher concluded that the Islamic political system has distinct electoral criteria that set it apart from global constitutions, and Islamic law attaches significant importance to electoral participation. Participation is both a religious and constitutional obligation for those qualified to take part in elections.