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If Islam were to be established in Iraq

If Islam were to be established in Iraq

Author:
Publisher: Fountain Books
ISBN: 1-903323-03-7
English

www.alhassanain.org/english

Imam Muhammad Shirazi

If Islam Were to Be Established in Iraq

Translated by Z. Olyabek

Fountain Books

www.alhassanain.org/english

Fountain Books

BM Box 8545

London WC1N 3XX

UK

www.fountainbooks.com

In association with

Imam Shirazi World Foundation

1220 L. Street N.W. Suite # 100 – 333

Washington, D.C. 20005 – 4014, U.S.A.

www.ImamShirazi.com

First published 2000

Second edition 2003

ISBN 1-903323-03-7

Fountain Books

All rights reserved. No part of this publication may be reproduced, stored in retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without the prior permission of fountain books.

British Library Cataloguing in Publication Data.

A catalogue record for this book is available from the British Library.

Notice:

This version is published on behalf of www.alhassanain.org/english

The composing errors are not corrected.

Tabel of Contents

Translator's Note 6

Preface 9

1- Preventing Bloodshed 11

2- General Amnesty 13

3- Good Reputation 14

4- Action before Slogan 15

5- Constitution 16

6- Gradual Implementation 18

7- Dynamic Laws 19

8- The Penal System 21

9- Possession of Real Power 23

10- Distribution of Power 25

11- Freedoms 26

12- Security 27

13- Valuing Professionals 28

14- Minorities and Political Parties 29

15- International Relations 30

16- Good Neighbourliness 31

17- Economic Development 32

18- Self-sufficiency 34

19- Combating Unemployment 36

20- Civil Service Reform 37

21- Simplicity and Provision of Fundamental Necessities 38

22- Modesty of Leaders 39

23- Combating Corruption 40

24- Social Reform 41

25- Justice and Equality 42

Appendix 43

The Author 46

Notes 48

Translator's Note

Not a single one of the governments in the 55 Muslim countries today has implemented an Islamic system of government. Some of these governments may claim to practice Islam but in reality that is about as far as they would go in this respect. Of course the Muslim people in various countries aspire to see a truly Islamic system of government established. In some countries with a predominantly Muslim population, Islamist activists have managed to form an effective opposition to the ruling governments. Such oppositions offer an alternative based on the teaching of Islam to the status quo.

In some Muslim countries there is conflict between the Muslim activists who want to see a system of government of their choice, preferably that based on the teachings of Islam, and others who have imposed their own system of government.

One of the main causes of these difficulties is the ignorance of Islam's teachings. On the one hand, when some Muslims attempt to implement Islam, because of their incorrect and incomplete understanding of the teachings of Islam, they do not succeed to implement a system that is intended by Islam. In fact in that way they manage to distort the picture of Islam.

On the other hand, there is also a systematic stereotyping against Islam and Muslims and a relentless campaign to distort the image and the teachings of Islam. As a result, the misconception has developed which portrays Islam as a system of violence, intolerance, denial of women's right, and the list goes on. Whereas on the contrary Islam stresses non-violence, tolerance, safeguarding women's right in particular and human right in general to an extent that is not available under any other system in the world today.

In this book the author presents the teachings of Islam in a brief and simple manner. This book particularly addresses those Islamists who have created an effective and viable opposition to the ruling system in their countries. It is also anticipated that this book would outline the approach that should be taken by those Muslims who are striving to establish a system of their choice.

When correct teachings of Islam are suitably implemented, this will not only result in the desired outcome, but it will also show others - primarily the non-Muslims - the truth about Islam. It is an unfortunate fact that incorrect and un-Islamic practices by Muslims are usually reflected as being the 'teachings' of Islam. If one wants to see the real Islam in action, one should consider the practices of the Messenger of Allah, Muhammad peace be upon him, when he formed a true Islamic government. The book outlines the fundamental aspects of government according to the teachings of Islam, and the policies that a newly established Islamic government need to take if it were to establish an Islamic system of government. The book would also serve as a yardstick for anyone to check the practices of any government that claims to have implemented an Islamic system of government.

Originally written in Arabic, the title of the book was “If Islam were to be established in Iraq”. The book was translated since it was considered that its argument is applicable for people who wish to implement Islam in any other country. In this book, the author emphasises on some of the most important aspects of government such as: “System of Consultation for Leadership” that is supported by constitutional establishments, Multi-party pluralism, Freedoms (such as freedom of belief, thought, expression, education), Non-Violence, Revival of the single Muslim Ommah, Economic self-sufficiency,... all within the framework defined by Islam.

The author discusses the issues raised in this brief outline in details in many of his other books. In his works the author emphasises the necessity of adherence to all the teachings of Islam as a complete system and failure to comply with some of the Islamic laws in some aspects would fail to give the desired outcome in the long run. This is because the various issues in life are inter-related and the teachings of Islam are also based on the same system. Therefore any deviations from the teachings of Islam in one respect would inevitably result in failing in another.

Islam defines a set of teachings within a framework that is in harmony with the human nature, as referred to in the Qur'an: “... the original nature according to which Allah fashioned mankind.”1

It is for such reasons that make the Islamic laws dynamic and vigorous since they are in total harmony with man's needs.

Adherence to Islamic laws can only be beneficial to mankind, while if he opts out of these laws he would simply lose out. To use an analogy, if someone refuses to obey the physical laws of nature, he will have to face the consequences in the short or long term. For example, if he refuses to accept that boiling water could seriously endanger his health, and immerses his hand in it, then he would have to face the consequences of his refusal. The same applies to compliance with Islamic laws, which affect mankind in various domains, such as personal, social, political, economical.

Therefore if there are any restrictions in Islamic law, they are in the same way similar to the requirement to comply with the physical laws of nature, which are, normally, totally adhered to by mankind. The author addresses the issue of government as well as other related issues in a number of his books. For more in depth insight into the teachings of Islam on the issue of government, the reader is referred to the author's work some of which are:

1. Government in Islam, volume 99 of the al-Fiqh series.

2. The Rights, volume 100 of the al-Fiqh series.

3. Islamic Government, volumes 101-102 of the al-Fiqh.

4. Politics, volumes 105-106 of the al-Fiqh.

5. Economics, volumes 107-108 of the al-Fiqh.

6. Society, volumes 109-110 of the al-Fiqh

7. Peace, volume 135 of the al-Fiqh series.

8. Freedoms, volume 139 of the al-Fiqh series.

9. Law, volume 140 of the al-Fiqh series.

10. The Path of Salvation, volume 150 of the al-Fiqh series.

11. Leaders of Islam: the Prophet of Islam in Makkah and Medina

12. Towards Islamic Renaissance

13. The Islamic System and Contemporary Systems

14. This is the Islamic System (of government)

15. Islamic Freedom

16. Basics of Islamic Government

17. A preview of the Islamic banking

18. A preview of Islamic Law on Wealth and Labour

19. Consultation in Islam

20. The Means to Awaken the Muslims

21. The Process of Change to Rescue the Muslims

22. The Salvation of the Muslims

23. How to Unite the Muslims

24. Towards the Government of 1000 million Muslims

25. Towards the Government of Islam

26. Islamic System of Government

27. Islamic System of Government: its Principles, Aims

28. The Islamic government during the reign of Imam Ali.

29. To achieve a universal Islamic government

30. The government of the Messenger of Allah and Imam Ali

31. The Islamic Economy in 50 questions and answers

32. The Islamic Economy in brief

33. Comparative Islamic Economy

34. Economy for All

35. Solution to economic problems in the light of Islamic law

36. And for the first time in the history of the world

37. The New Order for the World of Faith, Freedom, Welfare, and Peace

38. Justice - the foundation of government

39. The first Islamic government in the holy city of Medina

40. The destruction of Islamic governments through the persecution of (religious) scholars

Finally the translator wishes to express his gratitude to friends and colleagues for their contribution to the task of translating this book. Words or sentences within brackets ( ), as well as explanatory footnotes, are added by the translator for clarification.

Z. Olyabek

February 2003

Preface

Praise be to the Lord of the worlds and Blessing and Peace be upon the noblest Messenger of Allah, Muhammad and his amiable and pure progeny, and the anathema of Allah be upon their enemies.

When Islam was first established (as a system), the most important factor that attracted people to Islam was the values it upheld and the respect, facility and help it gave to mankind. For this reason, the Messenger of Allah, Muhammad - peace be upon him and his infallible descendants (S)2 - needed only to introduce the concept of Islam and practice it. This was the secret of Islam's rapid and enormous progress. In fact, when Makkah surrendered to the Messenger of Allah (S), he forgave all (those who had fought him).

Along with the rest of the Muslims, he did not reclaim the houses (and businesses) that had been usurped by the pagans after they had been forced out of Makkah. Instead they lived in tents they erected in the desert. Needless to say, until it surrendered to the Messenger of Allah, Makkah was the capital of the pagans and the idolaters. It was the centre of the force behind all the hot and cold wars planned and executed against the Messenger of Allah (S).

Such conduct, in addition to many others, such as non-violence, good manners, etc. were amongst the best ingredients contributing to the stability and good reputation of Islam. That is why, to secure the stability of the capital of paganism after conquering it, the Messenger of Allah (S) did not have to create an army or a police force, nor other forms of security forces for Makkah. The people of Makkah turned out to be its own guardians and assistants by practicing Islam. They turned out to be some of Islam's greatest supporters after being its staunchest enemies. The Messenger of Allah (S) appointed only one person from the people of Makkah to act as its governor and set a limited salary for him to live on as an ordinary citizen. The It is a mark of piety in Islam to use this salutation (sall-allah alayhi wa aalih) when mentioning the name of the holy Prophet Muhammad.

Messenger of Allah, (S), had a similar policy for every district or tribe that accepted his message. This is in addition to the fact that the Messenger of Allah, (S), lived simply throughout his sacred life, before and after his prophet-hood and throughout his life as a statesman, until he died. Because of his simple life style, people used to say about him, “He lived amongst us like one of us”. He used to be kind to his enemies in accordance to Allah's recommendation in the holy Qur'an:

Allah forbids you not, with regard to those who fight you not for (your) Faith nor drive you out of your homes, from dealing kindly and justly with them: for Allah loves those who are just.3 Equally he used to be kind to Muslims in accordance to the statement of Allah in the Qur'an:

It is part of the Mercy of Allah that you deal gently with them. Had you been severe or harsh-hearted, they would have broken away from around you ...4 and Now has come unto you a Messenger from amongst yourselves: it grieves him that you should perish: he is ardently anxious over you: to the Believers he is most kind and merciful.5 So, too, were the policies of Amir_ol_Mu'meneen (the Commander of the Faithful), Imam Ali6 .

If, by the will of Allah the Almighty, Islam were to be established again, the same policies that were adopted by the Messenger of Allah, (S), must be implemented in government - taking into account the time factor. It is also necessary for rulers to practice what Imam Ali peace be upon him (A)7 said: Whoever wants to follow a policy, let him follow the Tradition of his Prophet (Muhammad (S)) otherwise he should not feel safe from doom.

Therefore, if the policies of the Messenger of Allah (S) are practiced, Islam will flourish and Muslims will progress and prosper just as they did during the time of the Messenger of Allah (S). Otherwise Islam would not be safe from falling into disrepute and its position waning to an extent that no Muslim, or anyone who loves the truth, would ever wish to see. This book, “If Islam were to be established in Iraq” is an outline of some of the policies adopted from the noble Tradition of the holy Messenger of Allah, Muhammad (S), taking into account the time factor.

May Allah awaken the rulers to implement the policies of the Messenger of Allah so that Muslims prosper in this world and in the hereafter; surely Allah is the Facilitator and the Helper.

Muhammad Shirazi

Holy City of Qum

1st Rabee' II, 1415 Hejri (1995)

1- Preventing Bloodshed

Bloodshed inevitably leads to the destruction and downfall of a government. The Messenger of Allah (S) is quoted as saying:

Anyone who aids in the murder of a Muslim, even by uttering a single word, will arrive on the day of Judgement with the phrase “Despondent from the Mercy of Allah” written between his eyes. The reverse countdown to the downfall of a system of government begins when it delves in the murder and bloodshed of the people.

People cannot tolerate the murder of their sons, brothers, sisters, fathers, relatives and friends, etc. They will pick its faults and errors and aim for its downfall. They will denounce its authority and turn public opinion against the regime. A regime that does not rely on the backing of the masses loses the mandate for staying in power.

The downfall of a ruler whose hands are stained with the blood of his subjects, begins with an odd killing here and a murder there, until such killings accumulate and lead to his downfall. Especially if the regime was founded upon the murder of individuals under the pretext that one belongs to a particular rival group, or an opposing political party or a religious sect. The regime may even attempt to eliminate its opponents through false accusations such as arms or drug trafficking charges, and subjecting them to mock show trials under the banner of law, which give the impression of being legal and protecting the state security. Through such illusionary practices, the regime aims to strengthen its position in power. Clearly, this is one of the greatest factors in the downfall of governments, since a government needs the greatest amount of popular support and legal authority to survive.

If such support is not at the government's disposal then not only would it be heading towards a downfall, but also its supporters will ultimately become part of the opposition.

I have seen many governments, and history shows us many others, that had the potential to reign hundreds of years, but they survived only a few years because of their murderous campaign against the people.

The Messenger of Allah, Muhammad (S), did not kill even the murderer of his most beloved uncle Hamzah nor the murderer of his daughter Zaynab along with her child. This was not because they did not deserve to be killed, but for reasons mentioned earlier. Also Imam Ali (A) forgave all the war criminals taken prisoners during the three battles he engaged in during his reign. Are these not great lessons for those who want to establish Islam?

If, on the other hand, the (newly established Islamic) government was compelled to use force in order to implement the rule of law, it is imperative that that does not surpass imprisonment in the specific cases, which are very few indeed, and some simple fines. This of course must be prescribed through the legal and humanitarian courts of law, which provide all the guarantees necessary to carry out justice.8

In this way, a criminal may be prevented from carrying out activities without defiling a revolution with blood. Other factors, which weaken a government, are practices like torturing and terrorising the people, confiscating their wealth and properties, disseminating false accusations, or even personal sleaze, slander and scandals, etc.

2- General Amnesty

It is imperative for the newly established Islamic government to announce general amnesty for anyone who has committed a crime before the advent of the Islamic government. This is of utmost importance, from one viewpoint, and of immense difficulty from another. A general amnesty gives reassurance to people about (the intentions of) the new government. In turn, this act would secure their co- operation with the new government. It would lead to stability and security at a time when the government direly needs widespread support and co-operation from the masses. We see that the Messenger of Allah (S) announced amnesty for the people of Makkah. Similarly, Amir_ol_Mu'meneen, Ali (A) pardoned the people of Basra and the people of Nahrawan when he overcame their rebellion.

Non-forgiveness will lead to untold difficulties for the new government as the killing and prosecution will not be confined to one place, but will spread to larger areas, just as ripples propagate on the surface of water. In addition, a consequence of not forgiving is confiscation of wealth. Both killing and confiscation generate enemies who sometimes manage to topple a new government as we have seen in many countries.

Furthermore, non-forgiveness incites unrest throughout the country. This results in the loss of the government's valour and reputation and subsequently in its failure.

Allah states in the Qur'an:

... and fall into no disputes, lest you lose heart and your power depart ...9

If the agencies of the young government become embroiled in killing, confiscation and animosity, it would provoke its opponents and encourage them to open old wounds and to engage in activities against the government. This would lead the government into more and more troubles, at a time when the new government should be engaged in tackling the country's old problems and not creating new ones that prevent it from developing the country. The general amnesty is a fundamental principle and if there is to be an exception, it is imperative that measures are taken accordingly as and when absolutely necessary.

3- Good Reputation

Usually an individual wants to live in a society with a good reputation. If an individual, whether a public figure such as a leader or an ordinary person such as a businessman, loses his good reputation, people would at least distance themselves from the individual, if not remove him from his position.

Similarly, a group or an organisation has the same fate as an individual. If a government loses its reputation and people lose their confidence in it, the government would fall and be replaced by another one under a democratic system. In an undemocratic system, however, the government would fall through a popular uprising and suchlike, as we have seen with despotic regimes throughout history. The use of arms, secret service and false propaganda would be of little help to save the government from falling.

Imam Ali (A) said: “The opinion-minded person is doomed.” Reason ensures the continuity of life and if mankind - whether an individual or a group - replaces reason with dogmatic attitude, sooner or later this will lead to the destruction of the individual or the group concerned. It is incumbent, therefore, upon the new Islamic government to ensure that its good reputation remains untarnished. This may not be possible unless the government relies on consultative system and remains popular, humble, of service to the people and adheres to Islamic jurisdiction. The Muslim masses - who are the overwhelming majority in Muslim countries - would not tolerate even a civil servant who does not adhere to Islamic law, let alone a head of state.

The head of state or for that matter, any individual serving in the government should not assume that he could disregard major or minor Islamic legislation even covertly since the Almighty has stated:

And say: “Work (righteousness): soon will Allah observe your work, and His Messenger, and the Believers...”10 .

4- Action before Slogan

Decent members of society are generally dismayed by hollow slogans. More often than not, dishonest and scurrilous individuals use slogans that are offensive to others. It is therefore important to avoid the use of any slogans, except when absolutely necessary. Adherence to empty slogans might be considered to be useful in the short term, but in fact it is harmful since it distracts the attention and focus from the essence of deed to mere words. Moreover its effect is temporary and would not last long.

The slogan of a successful Islamic party used to be: “work and do not talk.” The party thus managed to free its country from the grip of colonial powers that had lasted more than a century. Some of those who look at short-term objectives align their policies with slogans, but do not take any action in line with the slogans. However, responsible individuals follow the agenda that is logically and rationally planned and studied.

Imam Sadiq (A) has said, when addressing his followers: “Invite people (to Islam) without the use of your tongues.”11 'deed' and 'action' is the measure of life, not just mere 'words'. So Slogans usually exaggerate facts more than reality, which could prove counter-productive. For example if you claimed to have established a hundred organisations (to provide services to the community) whereas in reality you have only ninety, people would doubt your accomplishment and deny even the ninety organisations you have established.

However, if you kept a low profile and concentrated your efforts on your activities and improving your performance, people would trust That is you should invite them to Islam through your conduct and behaviour.

you and would appreciate your achievement greatly. People trust a hardworking individual who keeps quiet and credit him with more than his dues, whereas they tend to suspect the one who boasts about his activities. They would credit him less than his dues and may even deny his deed even if he had truly achieved. It is therefore important that the deed of a person (or an organisation) is more than just words. Action should not even equal words, let alone be less. Slogan is words whereas reality is the deed. For this reason, it said that one should be prepared for his enemy in two situations: First if his adversary observes him doing something with a worrying outcome. Second if he is sabre rattling i.e. if he is making claims greater than his capacity and reality, because this means he is heading in the wrong direction.

One problem with slogans is that it attracts the greed and temptation of friends whereas the person who makes such claims is more often than not, unable to fulfil their demands. As a result he loses even their friendship. Furthermore, slogans provoke the enemy since making great claims directs the attention (of others) to the person making the claim and the enemies would assume that he has great resources based on the claims he makes.

Therefore, on the basis of his claims, friends expect more from him while foes are provoked to destroy or incapacitate him so that he does not gain the upper hand.

5- Constitution

The constitution and law in an Islamic system of government differ from those in democratic countries. The constitution in the Islamic system is based on the noble Qur'an, the sacred Teachings of the Messenger of Allah, Muhammad (S), Consensus of religious scholars and Reason.

Unlike the rigidity that the constitution has in some countries, in an Islamic system of government the constitution varies according to the continuous legislation that evolves in light of new developments based on the Teachings of the Qur'an and the Messenger of Allah. The legislation is inferred by the scholars of the 'Council of Jurists' who are chosen by people as their religious authorities at regular intervals, generation after generation.

There have been many circumstances where the 'rigid' constitution written twenty years before was not in harmony with the developments of the day, which in turn causes severe fundamental crisis and socio-political shortfalls. As for the Islamic constitution however, it is able to cope and proceed with all new developments.

Under the Islamic system, the religious scholars or jurists legislate on the basis of the Teachings of the noble Qur'an and the holy Messenger of Allah. The jurists from all schools of Islamic Jurisprudence are the reference and authority for all Muslims following their own school of Jurisprudence. Therefore, there is no constitution in Islam, as it is formally known, but what we have are the four sources: the Book (the Qur'an), the Sunnah (the Teaching of the Messenger of Allah, Muhammad (S), Consensus (of the jurists) and Reason.

In fact, the advent of constitution in Muslim countries is only since the colonial powers entered those countries. It is befitting to note that Britain, which was behind the creation of constitutions in Iran and Turkey, does not have a fixed constitution as such, but follows what is known as a “constitutional understanding”.

They introduced the constitution in the Muslim countries in order to stop the wheel of progress in those countries and hold them back. In doing so they replaced the four references with restrictive and stagnant laws, which brought about the shackling of the Islamic society and its people.

For example the 'Mashroutah' freedom movement in Iran, which was led by religious scholars, was derailed by the British in order to eliminate the Russian influence and establish control in Iran to their advantage. So by introducing the idea of this constitution, which serves their interests, they brought despots such as the Shah and Ataturk to power in these two Muslim countries and shackled their religion and their worldly fortunes.

Such a stagnant constitution will be problematic from both a legal and rational viewpoint. If we consider a scenario where 100 jurists legislated a law, but after their death people do have the option to follow other qualified jurists. What legal or rational justification is there to adhere to the law, which is considered the constitution, when a majority of the jurists alive hold an opposite view? Under Islamic jurisdiction, it is the opinion of the jurists who are alive that must be followed for issues of 'new developments' and for those who want to follow a jurist anew.

Rationally, what necessitates a person alive to follow laws legislated by the dead? If it is argued: because it is in accordance with the Book and the Sunnah, the reply would be: Why the go between? Let the Muslims refer (directly) to the Book and Sunnah. It may be asked: What will the laws be based on? The reply would be, the laws would be based on the treatises of qualified jurists otherwise known as “Islamic laws” Journals. Of course the ideal way of implementing that is the creation of 'Council of Jurists' through election of the jurists by the nation12 .

6- Gradual Implementation

The Messenger of Allah, Muhammad (S), implemented Islam in a gradual way even though Islamic Jurisprudence was complete. The noble Qur'an, in its entirety was first revealed to the Messenger of Allah on a single occasion and later verse-after-verse in accordance with the events of the day.

But if it was possible (for us) to implement Islam 'in one go', we should do so, and we may not resort to the gradual implementation carried out at the time of the Messenger of Allah (S). The revelation was complete before the death of the Messenger of Allah, (S), as Allah the Almighty states:

This day have I perfected your religion for you, completed My favour upon you, and have chosen for you Islam as your religion.13 But I am of the opinion that the implementation must be gradual if an Islamic government were to be established in any country, since it would be impossible to do so otherwise given current circumstances. It is therefore imperative to adopt a policy of gradual implementation where possible so that it does not bring about disorder in society, which could inadvertently result in destruction, harm and other difficulties. In any case, the possibility of implementation (of any aspect of Islam) must be studied on the basis of the principle of “priorities”.

It is therefore incumbent upon the newly established Islamic government to create different committees consisting of Muslim jurists and experts of various fields to define the priorities in the process of implementation. This is to avoid any disturbance in the economy, politics, society, management and any other unwelcome outcome.

For example, if it was decided to change the usury-based banking system to a system based on the Mudahrabah14 system, and the government announced the annulment of all kinds of interest at once - say in a week - one of two consequences could follow: Either the government would ban people from withdrawing their assets from banks in which case it will result in chaos and disorder and ultimately, the downfall of the government. Such action is, of course, contrary to the principle “People have dominion over their wealth”.15

Or the government would not ban the people from withdrawing their assets, in which case it would result in all the wealth and assets being drained from the country's banks. This in turn would result in the collapse of the banking system and high inflation that would seriously harm the poor, the various ongoing projects and people's income. All of this would reflect upon the stature of the new Islamic government, and people would begin wondering whether the previous regime was a better one. This distorts the reputation of Islam in the eye of the people and leads them to think that the western model is superior to that proposed by Islam. Similar considerations must be taken into account for other laws of the country.

Therefore it is important that gradual implementation (of Islamic laws) is carried out according to detailed studies of the various committees, which consist of Muslim jurists and experts of respective fields in co-operation with different organisations.

7- Dynamic Laws

All the laws of Islam are vigorous and spirited because they are legislation from a Powerful, Merciful and Wise deity who is Encompassing and Conversant with all aspects (of mankind) - personal, social, mental and physical, present and future characteristics... Allah the Almighty states: “O you who believe! Give your response to Allah and His Messenger, when He calls you to that which will give you life; and know that Allah comes in between a man and his heart, and that it is He to Whom you shall (all) be gathered.”16 However, some of Islam's laws appear more vigorous than others, for example:

A. The law of “Bayt_el_Maal”17

B. The law of “The dominion of people over their wealth and selves”

C. The law of “Whoever precedes others to something not claimed by another Muslim, has more right to it.”18

D. The law of “The land belongs to Allah and to whoever develops it.”19

It is important for the young Islamic government to pay great attention and devotion to these laws and plan to earnestly and realistically implement these laws.

A. The law of “Bayt_el_Maal” meets the needs of the poor such that the nation will be content with this policy since the surplus (of wealth) is distributed amongst the entire nation.

B. The law of “The dominion of people over their wealth and selves” gives people vast freedoms, which would satisfy various groups of society and facilitates opportunities to exercise their rights and activities.

Naturally a human being does not agree to the dominion of others over himself and their intervention into his affairs. If he realises that the government provides the opportunity to freely conduct his affairs - except for the forbidden ones - then he would be satisfied with the regime and would co-operate with it and its rule. This is why we see stability, continuation and prosperity of democratic governments whereas dictatorial governments fall quickly because they create poor and abject nation that cannot find a way to fulfil its needs.

C. The law of “ Precedence” gives people the opportunity to use all of the earth's resources within the framework of “for you”20

D. The law of “The land belongs to Allah and to whoever develops it” in association with above law does not leave anyone able to work with any need.

With the inclusion of the law of Bayt_el_Maal to this, there will be no individual unable to work with a need. The west has implemented some of these laws and has consequently made significant progress, whereas Muslims abandoned these laws and the result was their painful decline and downfall, which is unprecedented in Islamic history. Imam Ali (A) (addressing the Muslims) said:

“By Allah! By Allah! Let not others precede you in practicing the teachings of the Qur'an.” Therefore it is imperative for the newly established Islamic government to abide earnestly to these and similar laws, which would “It is He Who has created for you all things that are on earth...” please Allah and the Ommah (Islamic community) because such measures lead to prosperity and perfection. It is also important to revive the principle of 'Muslim Brotherhood' that allows every Muslim (from any country) to engage in all activities in the Islamic State which the Muslims of the country concerned can participate in, such as land ownership, marriage, business, “precedence” to the permissible21 , etc. For example, if an Islamic government were to be established in Iraq, and since Iraq is an important centre for Islamic universities and contains many holy shrines in its cities, anyone who wanted to visit the holy shrines or to study must be allowed to travel to and stay in Iraq, similar to the way it used to be since the beginning of Islam. A visitor and a student should have total freedom to do what they wish within the Islamic and humanitarian framework.

The permissible is anything that is not forbidden or restricted in Islam. In Islam there are some restrictions on some aspects and beyond that, anything, which is not prohibited or restricted, is referred to as permissible.

8- The Penal System

Order and security are not established unless the guilty are chastised. Under Islamic jurisdiction the prescribed punishment are grouped in two categories:

For transgressing the right of Allah, e.g. consumption of alcohol or committing adultery. For transgressing the right of an individual such as murder or defamation. Under Islamic jurisdiction, both kinds of punishments have been prescribed, as mentioned in the book of “The predefined-penalties and punishment”.22 Although the Council of Jurists must be referred to and consulted with, but in my view if an Islamic government is established, all punishments in the above two categories must be deferred to disciplinary (measures) for five years, say.

This deferment could be in the form of disciplinary detention or something similar so as to serve as a deterrent - as deemed by the Council of Jurists as well as the experts in the field - who would determine the form and length of detention. This is to give the government a chance to establish itself and take control so as to allow Islam to be implemented from the points of view of aspects such as economy, society, politics, all of which are related to punishment. Here a number of issues are taken into consideration:

The Messenger of Allah, (S), did not implement the penal system until after implementing Islamic rule in the holy city of Medina and he, (S), is an example23 (to us). The Messenger of Allah (S) implemented the laws as a complete and indivisible system.

2. Allah the Almighty states in the noble Qur'an: “Do no mischief on the earth, after it has been reformed.”24 Therefore, before the complete and total implementation of Islam, there can be no reform!

The principle of “Priorities”, which is a principle based on reason and rationale and is referred to in the noble Qur'an:

“And were it not that mankind might become of one (evil) way of life, We would provide, for everyone that blasphemes against the Most Gracious (Allah), silver roofs for their houses, and (silver) stair-ways on which to go up,...”25 (When one wishes to implement a law or a principle but is confronted with another issue which causes conflict, then, given the priorities of the circumstances one may have to revise the plan or even decide to abandon the plan altogether in order to prevent greater difficulties as can be seen from above Qur'anic verse. A number of other precedents may be cited, such as:)

The Messenger of Allah (S) on a number of occasions had stated that “Were it not for the people to say...” (This means the Messenger of Allah (S) would have carried out his intended plan were it not for another issue which conflicted with his plan and therefore he, (S), judged that the outcome of his intended plan would be in conflict with the other issue, hence did not proceed with his plan(s).)

The Messenger of Allah (S) is quoted as saying “Were it not for your people being recent converts to Islam, I would have demolished the Ka'bah and rebuilt it with two doors.” Imam Ali (A) is quoted as saying: “... one battalion of my army would have been demolished.”

Imam Ali (A) ignored those who performed a new kind of prayer despite the fact the Messenger of Allah, (S), banned it but they remained undeterred.

The Messenger of Allah (S) did not punish those who deserted the battle as well as those who had committed various sins. This is so that Islam is not misunderstood and its reputation not tarnished, amongst other reasons. (The teaching of Islam regarding punishment of the guilty may only be carried out if, and only if, all of the preconditions and criteria of the individual concerned and the circumstances are totally met. Otherwise the conviction will be null and void and the punishment, if executed, will constitute a sin and be against the teaching of Islam. Furthermore this will give the wrong impression of Islam, detrimental to its pure and true message. As a result, others (Muslims and non-Muslims alike) would conclude that the teaching of Islam is harsh, inhumane and incorrect and therefore Islam is incapable of addressing the issues of human affairs.) Therefore predefined-penalties (Hodud) may not be executed in enemy land as we discussed, in details, in book series al-Fiqh, “Jurisprudence Fundamentals”26 .

Furthermore we have the principle that “The predefined-penalties are waived by doubt” and that Islam has laid down comprehensive set of preconditions and criteria (which must be met before any punishment is executed) to the extent that some of them prove to be sometimes inhibitory.

This is because Islam uproots corruption, so that there will be no poverty,... and natural crimes will significantly reduce. The course of Islamic history is a testimony to this fact. The vast number of problems and high levels of corruption in Muslim countries that we see today is due to abandoning Islamic laws, suppressing people's freedoms, widespread injustice, tyranny, etc.

The penal system, therefore, may not be implemented unless other Islamic laws are implemented so that a government provides all the necessities of complete and healthy life for the people.