Introduction

Many of our community contests today start with good intentions aimed at rewarding talent, encouraging participation, supporting it, and funding awards transparently, yet a growing trend, 'pay-to-vote', raises a quiet fiqh question. While Islām commands and preaches lending support to one another, it becomes a necessity to answer the potent jurisprudential question: when does supporting become maysir (gambling)? The concept of a pay-to-vote or pay-to-vote arrangement is simply paying a certain amount of money to be eligible to vote for your favourite constant. By the arrangement, if voters pay, one wins. Notably, the prize or award to be won comes from those payments gathered from all supporters. Hence, the poser: if the arrangement is such, are we unknowingly recreating the very gambling (maysir) Islām strictly forbids? While the intent is to honour merit, the mechanisms warrant scrutiny under Islamic law. This written piece concisely examines why Islamic jurists classify pay-to-vote schemes as a modern form of maysir (gambling) and what halāl (lawful) alternatives exist.

Pay-to-vote and the concept of tabarru' (donations, contributions)

It is clear that a major reason behind pay-to-vote is financing. Yet, the Qur'ān is not silent on such affairs (see Q6 vs 38, Al-An'ām). The Qur-ān in Chapter 5 vs 2 (Surah Al-Māidah) commands lending support in righteousness and forbids lending support in activities sanctioned by the Shari'ah. Apparently, pay-to-vote is gradually gaining popularity in the contemporary world due to its viability in raising funds for its purpose. The question remains whether it is a praiseworthy arrangement or otherwise. To determine this, understanding the structure of pay-to-vote becomes essential. In addition to the description already given in the introduction, the structure is straightforward: contestants lobby for votes, each voter contributes a nominal fee such as fifty (50) naira, and the pooled funds are used to procure the award or prize for the winner. It is a pay-based contest by supporters (though not directly by the contestants themselves) aiming at drawing the prize or award target to a specific contestant. While a contest (musābaqah) is allowed to some extent under the Shari’ah, the process or processes involved must be Shari'ah-compliant. It must be free from ribā, harām subject matter and maysir (gambling), which includes gharar (uncertainty). The presence of any of these in any contractual arrangement and engagement nullifies any outcome from it. Hence, while lending support to others, it should be free from ribā, maysir and harām-based dealings.

Understanding Maysir (Gambling)

What is maysir? 'Maysir' means gambling. It is a risk-based arrangement where one party gains at the expense of another through chance, speculation or uncertainty (gharar), without engaging in real economic activity or productive efforts. It is a situation where participants in an exercise or activity stake something of value, and the winner takes the gain while others incur losses. It is on this premise that sport betting and lotteries are classified as prohibitions.

The Law-Giver in Q5 vs 90 (Al-Maidah) prohibits engaging in activities having elements of gambling (maysir). He says:

يَآأَيُّهَا ٱلَّذِينَ ءَامَنُوٓاْ إِنَّمَا ٱلۡخَمۡرُ وَٱلۡمَيۡسِرُ وَٱلۡأَنصَابُ وَٱلۡأَزۡلَٰمُ رِجۡسࣱ مِّنۡ عَمَلِ ٱلشَّيۡطَٰنِ فَٱجۡتَنِبُوهُ لَعَلَّكُمۡ تُفۡلِحُونَ
O you who have believed, indeed, intoxicants, gambling, [sacrificing on] stone altars [to other than Allāh], and divining arrows are but defilement from the work of Satan; so avoid it that you may be successful.

To wrap up, an exercise or arrangement requiring one party or all parties involved (or their supporters) to stake something of value while the winner among the contestants takes it all.

Why is pay-to-vote classified as a form of maysir?

In Islām, we go beyond the naming or appearance in drawing a conclusion on the permissibility or otherwise of a contractual arrangement. A contest is a form of arrangement among persons toward achieving a goal. It is contractual in nature, as non-participants are precluded from the effect of the outcome. Having an interest in a contestant does not guarantee having a stake in the contest outcome itself. Whatever a Muslim does or partakes in must be halāl (lawful); otherwise, he would be regarded as a sinner for that act.

To repaint the pay-to-vote arrangement, voters pay a minimum sum to be eligible to vote or for their vote to count, but they don’t get anything back. Their stake is in support of a specific contestant while all the resources pulled together go to the person who wins the contest with the highest vote. The “prize” goes to a contestant. Contestants do not pay, but they benefit from others’ (their supporters) payments.

Flowing from the meaning of maysir as espoused above, there are three (3) elements of gambling. They are:

a) High risk chance: There exists a certain high risk of one party winning the entire pool of resources from the voters. Supporters pay money with a clear chance of either winning or losing it at the instance of their preferred candidate's ability to pull votes.
b) Compulsory stake contributions: Parties place a stake in the form of money or other valuable items to serve as or facilitate the subject matter of the activity. The subject matter in this instance is the award or prize, and the activity is the contest. Voters as supporters pay a compulsory fee to be entitled to vote for a preferred contestant. The money paid is either won or lost based on the number of votes a contestant can pull.
c) Uncertain outcome: In a maysir arrangement, the outcome is not known at all. Parties do not know who emerges the winner. Always, the outcome is always uncertain as to who pulls the highest vote. The winner is not known upfront.

A pay-to-vote contest undoubtedly has all these three elements, as already demonstrated above, making it nothing but a product of maysir (gambling).

What should be a Muslim's action against a pay-to-vote arrangement?

A contest in Islamic jurisprudence could be halāl (lawful) or harām (unlawful). Clearly, a pay-to-vote contest falls under an unlawful type of contest activity. It may be hidden, but those who are knowledgeable of the Shari'ah know it. This is evidenced by the prophetic tradition that goes thus:

إِنَّ الْحَلاَلَ بَيِّنٌ وَإِنَّ الْحَرَامَ بَيِّنٌ وَبَيْنَهُمَا مُشْتَبِهَاتٌ لاَ يَعْلَمُهُنَّ كَثِيرٌ مِنَ النَّاسِ. فَمَنِ اتَّقَى الشُّبُهَاتِ اسْتَبْرَأَ لِدِينِهِ وَعِرْضِهِ وَمَنْ وَقَعَ فِي الشُّبُهَاتِ وَقَعَ فِي الْحَرَامِ...
Verily, the lawful (halal) is clear, and the unlawful (haram) is clear, and between the two of them are doubtful matters about which many people do not know. things doubtful which many people do not know. So he who guards against doubtful things keeps his religion and honour blameless, and he who indulges in doubtful things indulges, in fact, in unlawful things...

Moving further, Allāh in An-Nahl Q 16:43 commands us to seek clarity from the people of knowledge before taking a step further. He says:

...فَسۡئَلُوٓاْ أَهۡلَ ٱلذِّكۡرِ إِن كُنتُمۡ لَا تَعۡلَمُونَ
...So ask the people of the message [i.e., former scriptures] if you do not know.

In a more restrictive sense, Allah in Q49 vs 1 (Al-Hujurat) cautioned against spreading or facilitating what is prohibited by Allah, including the hidden gambling (maysir) in a pay-to-vote contest scheme. Allah, the Sublime, says:

يَآأَيُّهَا ٱلَّذِينَ ءَامَنُواْ لَا تُقَدِّمُواْ بَيۡنَ يَدَيِ ٱللَّهِ وَرَسُولِهِۦۖ وَٱتَّقُواْ ٱللَّهَۚ إِنَّ ٱللَّهَ سَمِيعٌ عَلِيمࣱ
O you who have believed, do not put [yourselves] before Allāh and His Messenger but fear Allāh. Indeed, Allāh is Hearing and Knowing.

This immediate verse gives credence and support to and complements the instruction of seeking the opinion of experts in the religion and legislation made by Allah through His messenger (SAW).

Furthermore, a pay-to-vote arrangement is not only a form of hidden maysir (gambling); it promotes vote buying, which is an end product of bribery. There is a chance of a well-off party influencing (by way of sponsorship colourisation) voters since paying a specified money sum is a condition precedent to voting right.

Flowing therefrom, it is incumbent on every Muslim to be aware and cautious of every contest he enters into, participates in and solicits or gives support to. He should always reflect on the command of Allah in Q49 vs 1 (Al-Hujurāt) cited above and the prophet tradition on the importance of verifying the permissibility of an act before entering into it.

Conclusion

Allah the Sublime prohibits maysir (gambling) in order to protect against its destructive influences, including creating hatred, division, and distraction from worship. The prophet in one of his traditions noted that no one shall move until he is asked about his wealth, how he accumulates it and where he spends it. Indeed, every penny spent shall be accounted for on the day of resurrection. While spending to assist our brothers, friends and allies is encouraged, the purpose is so central to its lawfulness. Do you spend to assist in perpetrating what is forbidden? Pay-to-vote is a perfect type of hidden maysir (gambling) even the believers may fall into consciously or unconsciously. [Indeed, those] who listen to speech and follow the best of it. Those are the ones Allāh has guided, and those are people of understanding — Q39:18 (Az-Zumar). Such a one is a true believer. 

Recommendations

a) Voting rights should be made free and not tied to a compulsory payment.
b) Where solicitation is requested, it should be voluntary.
c) Where participants are directly required to pay a sum, the purpose should not be to facilitate the award or prize (the subject matter of the contest), and the objectives of such payment should be made known for clarity.

Help and assist but in a way approved by the Shari'ah.