A Reflection on the Idea of  having right to vote" in the Light of Islamic Law

In the contemporary world, election represents and manifests people’s highest degree of participation in political and governmental affairs and as such it is regarded as one the constituent elements of democratic political system of government. It has gained importance in such a way that it makes no sense to have a conception of a democratic system without the possibility of people’s active participation in political and governmental affairs. In the political system of Islam, which is based on religious democracy, people’s political participation has received special attention and even taken to be a religious duty and legal obligation. The findings of this research show that, given the fact that there is adifference between ‘right’ and ‘judgment’ or ‘decision’ in the words of Muslim jurists on the one hand and that ‘rights have the property of being waived’ as well as considering the nature of citizens’ political participation in elections on the other, today one cannot take these as instances of rights. Rather, they have to be regarded as instances of decisions or judgments.