If Islam Were To Be Established in Iraq

Possession of Real Power

It is imperative that a multi-party, consultative regime must enjoy an adequate level of deterrent power. This is important since the existence of power would deter and apprehend the enemies especially those who consider the establishment of a consultative system a danger to them. The benefit of such power would foil their attempts to topple the young system of government. Furthermore, the presence of an adequate power would stabilise the security (of the state) and give confidence to people. Hence, a regime that does not possess an adequate deterrent force will not be able to establish itself and, if it did manage to do so, it would not be able to survive.

The provision of power is that there be fundamental constituents of proper organisation and discipline as well as political, military and economic power; and strong management procedure to enable the young regime to survive the onslaught of enemies and opportunists. We note that the Messenger of Allah (S) in Medina, where people used to "enter Allah's Religion in throngs"27 was the same messenger (S) who lived in Makkah. Allah the Almighty outlines the state of His Messenger, (S), when he was in Makkah in early times of his mission as: "Remember how the Unbelievers plotted against you, to keep you in bonds, or slay you, or get you out (of your home)."28 And in another occasion Allah states:

" . . . when the Unbelievers drove him out . . ."29 In both locations (Makkah and Medina), the Messenger of Allah (S) was the same person; the conveyor of the divine revelation and the guide to the right path, all the time and everywhere he always was pure, sacrosanct, infallible, at the peak of virtue and excellence and The holy Qur'an: The Support [^110]: 2. The holy Qur'an: Public Estate [^8]: 30. 29The holy Qur'an: Repentance [^9]: 40.

supported by the divine sanction. However, the difference was in power. In Makkah, the Islamic mission was in its infancy and it did not have the necessary power to confront the pagans directly and therefore the Messenger of Allah (S) suffered extreme torment at the pagans' hands.

In Medina, on the other hand, the Messenger of Allah (S) gained sufficient power such that it was the manifestation of Allah's statement: " And make ready for them whatever you can of power and horses to terrify thereby the enemies of Allah and your enemies."30 It was then that he attained such a high worldly status. Power may be classified into two categories:

Power of the Despots, Power of the Consultative.

There is a vast contrast between the two. The consultative power is a power of tranquillity, which is likely to survive. It does not turn into a means of destroying the nation and consuming its resources. The despotic power, on the other hand, lives on for a limited period during which it is stained by vices, murders, persecution and terrorism. Everyone observed the destruction of the likes of the communist Soviet Union, Eastern Germany, Enver Hoxha of Albania, Ceausescu of Romania, and Kim Il Sung and other similar despots. Despotism drove those countries to breakdown, which destroyed the infrastructures of those countries and annihilated their resources.

Therefore it is imperative that those in the Islamic movement gain an honest and righteous power of the consultative kind, which is based on freedom, free elections, and system of multi-party pluralism. As for the despotic power, in effect it lacks the real power since the power that is based on despotism is a fallacious power subject to quick collapse: " . . .for Allah is swift in account."31 and if some considered it to be long term then: "They see it as distant, but We The holy Qur'an: Public Estate [^8]: 60. The holy Qur'an: The Family of 'Emran [^3]: 199. 32The holy Qur'an: The Ways of Ascent [^70]: 6-7.

Distribution of Power

Competition is a natural phenomenon, which has coexisted with mankind throughout history. Even for heaven there is competition for good deeds as Allah has stated: "... Over that, let the competitors compete"33 and "And hasten to forgiveness from your Lord"34 and "So strive, as in a race, in all virtues."35 As for this world, competition results in mankind's vitality and sharpens his resolve more and more to the extent that he tries to outpace others. He makes sure that he does not fall behind other competitors through innovation and development. As a result, his scientific and practical achievements will be reflected on society, which subsequently lead to his progress and success.

Therefore it is important for the newly established government to create a state of healthy and positive competition of free political parties that are firmly rooted in society and are based on constitutional establishments. This will create an incentive towards progress and everyone will play his/her role to the best of their abilities in the various fields of labour and expertise. We see this clearly in the life of the Messenger of Allah (S). The Messenger of Allah (S) classified the Muslims into two factions, the Migrants and the Supporters and incited competition between them. The criterion of an individual's capability and competence was his/her ability to do a good deed well. This was despite the fact that the Messenger of Allah (S) treated people equally in the domains of doctrine, worship, transactions, human rights and status before the The Qur'an: Fraudsters [^83]: 26. The Qur'an: Family of 'Emraan [^3]: 133. 35The Qur'an: Table Spread [^5]: 48.

law, since equality is a basic principle in Islam, as stated by Allah the Almighty:

"O mankind! We created you from a single (pair) of a male and a female, and made you into nations and tribes, so that you may come to know each other. Verily the most honoured of you in the sight of Allah is the most righteous of you."36 And also "Surely the believers are brothers."37 And it has been reported, "Truly the people are from Adam and Adam is from dust."

On this basis, it is suggested that the origin of the 'political parties' in the name Hizb (Arabic for political parties) existed at the era of the Messenger of Allah (S), be it in its primitive form. The Messenger of Allah (S) is reported as saying "I am in the party in which Ibn al- Adra' is." Therefore, any group that wants to form a party should be free to do so. The number of parties may not be limited, but the party activity must not contradict Islam because the population in Muslim countries are predominantly Muslims.

National parties are acceptable because such parties intend to develop the Muslim countries in the various political, social, and economical fields. The holy Qur'an: The Chambers [^49]: 13. The holy Qur'an: The Chambers [^49]: 10. Freedoms

Freedom is a fundamental principle which gives right to an individual to choose from, say or do or . . . anything according to the individual's wishes, as established by reason and Islamic jurisprudence. It is therefore the responsibility of the newly established Islamic government to grant freedom in all dominions to the people - within the framework of Islam. Freedom encompasses all aspects such as those in belief, expression, agriculture, business, trade, manufacture, employment, travel, residency, construction, procurement of the permissible, setting up radio and television stations, printing, establishing political parties, publishing newspapers and magazines, etc. We have detailed these in the book of Freedoms in the al-Fiqh series.38

Thus all kinds of restrictions and repressions are annulled; such as ID cards, nationality documents, passports, licence to import/export, etc. In brief, everyone is free in everything except that which is unlawful, which are very few indeed. Furthermore, what is unlawful for the Muslims may not be so for the non-Muslims, in accordance with the 'Binding'39 principle as discussed in length in the book of "Jurisprudence Fundamentals" of the al-Fiqh series40. The Messenger of Allah, Muhammad (S) said "whoever embraced the religion of a people then he is subject to their laws."

History shows us that people who embraced Islam or those who chose to live in Islamic countries under Islamic law did so because of M. Shirazi, al-Fiqh series, vol. 139, "Freedoms". This principle is based on the teaching of the Messenger of Allah (S) when said regarding the doctrinal and judicial treatment of the non-Muslims, "Enjoin on them whatever they have enjoined on themselves". 40M. Shirazi, al-Fiqh series, vol. 141, "Jurisprudence Fundamentals".

the vast and widespread freedoms practised under that system, whereas there were no such provisions in any other part of the world under any religion, jurisdiction, or government. This was in a way similar to governments of the so-called free world today. Although it is a free world relative to other countries of the world, it is not so with respect to the correct Islamic system of government. Some might think that this would bring about chaos and anarchy. The answer to that is that freedom has never been associated with chaos over the thirteen centuries of Islamic history. But when Muslim countries adopted the rule of western laws, Muslims became trapped in untold sufferings, tragedies and problems. I myself observed great number of Islamic freedoms in Iraq half a century ago, which we subsequently lost after the Second World War.41 I referred to some of those freedoms in the book "Remnants of Islamic Civilisation as I saw them"42

As for the chaos and disturbance we see in our countries today, it is due to dictatorship and despotism. Despotism is a plague-full swamp, which infects the society with diseases such as tyranny, oppression, poverty, persecution, imprisonment, expulsion, wars, etc. After WW II, the British forces occupied Iraq, and as a result of their control and influence, western laws and regulations replaced the Islamic laws that were in that country.

42See also "Our lives Half a Century Ago", by the author. Security

At this day and age, the security service is a cornerstone of the government in order to counter the attempts of opponents who aim to penetrate the government, either to bring about its downfall or to derail it from its Islamic and humanitarian course. A security service must be set-up to counter the external enemy whose aim is to destroy the regime elected by people. It must not be used to confront the nation, just as tyrant rulers in despotic regimes use the security service to oppress the nation, suppressing the talents and potentials of its people and glorifying the tyrant as a 'great leader'.

According to Islamic jurisprudence and rationale, spying is forbidden except on the officials of the government and its agencies, starting from the head of state. This is in order to ensure that they are not diverted (from their duties) and that they do not neglect or disregard the interest of the nation. Spying is also allowed on offensive enemies who are actively engaged in attempts to destabilise the order and security of the country - like the international security agencies today.

A correct security system, which serves the interest of the nation, does so within a consultative system that relies on and is supported by free political parties, free elections and constitutional establishments. It is only then that the security organ becomes pivotal to the survival of the government, to its power, progress and becomes the guardian of the nation's interests and resources. It is therefore important that the nation monitors the performance and activity of this organ and holds it accountable in accordance with the Islamic principle of "Enjoin Good and Forbid Evil". This is to ensure that the security organ does not have a free hand in doing whatever they like to do, and that it does not misuse their authority and go beyond their prescribed function. Also, the organ must be strong and competent enough to meet the challenges of the day, given the great technological and cultural progress.

In order to ensure that the security agency becomes the guardian of the nation's interests, besides monitoring the service and its competence, it is necessary to strengthen and focus its faith in Allah and the hereafter and its fear of the Almighty overtly and covertly. This is of course required for every one of the agencies of the Islamic system of government. Only then will the security service be able to discharge its duties truthfully and precisely, which would subsequently lead to strengthening the regime. Thus, the Islamic country will become representative of a regime of correctness and dexterity.

A reported Tradition states:

"May Allah have mercy upon he who performs a task and perfects it." Another states: " . . . but Allah loves one who, when performing a task, performs excellently." As for what is found today under despotic regimes in terms of spying on and monitoring the nation, depriving its freedoms and harming it, those are amongst the most forbidden; Allah the Almighty states: "Do not spy"43.

The holy Qur'an: the Chambers [^49]: 12.