If Islam Were To Be Established in Iraq

Valuing Professionals

The prophet Joseph said: "I am a good guardian and expert"44. Professional and technical jobs require reliability for which Joseph said "good guardian" as well as expertise for which he said, "good expert".

Therefore it is important that the young Islamic government pays good attention to experts and professionals in every field of the government. Loyalty towards the government should not be the only criterion in appointing staff to a position. Such policies would cause complications and difficulties. Should this happen, the management of the government would be in unqualified and incompetent hands, which would subsequently result in many mistakes and errors. The presence of government loyalists within its agencies must be balanced with the provision of necessary expertise in order to safeguard the country and its progress. The presence of one group without the other would result in the state of the country resembling that of a bird with one wing.

We have witnessed the destruction caused as a result of such policies in countries governed by revolutionaries after military coup d'├ętat. The state of destruction was such that people of the country wished the previous government back. A poet pictures this state of affair in his poem as:

Would the oppression of Sons of Marwan45 come back to us And would the justice of Sons of Abbas46 never was The holy Qur'an: Joseph [^12]: 55. Refers to a tyrant dynasty that began its bloodthirsty rule of the Islamic State in 685, i.e. 55 years after the death of the Messenger of Allah Muhammad (S).

In such cases revolutionaries and government loyalists cause more difficulties by confiscation, imprisonment, executions and making empty promises - all in a bid to strengthen their positions of power and force people to accept that they are the best. This way, they enter into confrontation with the people, subsequently leading to their own downfall.

It is possible to address the problem of reliability and expertise by pairing one with the other. Although this could prove difficult, the difficulty of giving the helm to anyone of them is even greater, and will have a worse consequence. Clearly, this is not possible in a despotic regime in which power is centralised because unquestioned power corrupts and gets corrupted. Refers to the Abbasid dynasty that toppled the Marwan dynasty around

Minorities and Political Parties

The Islamic government coexists with minorities peacefully. Minorities have rules and laws specific to them, whether they are religious minorities such as Jews and Christians, or non-religious minorities such as Buddhists and Brahmans etc. Just as the Messenger of Allah (S) treated the pagans of Makkah, where he (S) did not force anyone of them to Islam after the fall of Makkah. As far as the judiciary is concerned, minorities have the choice of referring to us or to their respective judiciary and judges. If they refer to us, we shall issue judgements for or against them according to their jurisdiction or ours.47

For general conducts such as traffic regulations, they must follow the law of the land, as is the case for every country in the world. They pay the Jizyah48 tax in exchange for the protection they receive from the Islamic head of state for their lives, wealth and family, just as Muslims pay the Khums49 and Zakat50 taxes. In contracts such as For more details see the al-Fiqh series, vols. 84-85; "The Judiciary", vol. 140; "The Law", vol. 141; "Jurisprudence Fundamentals" by the author. 48This is the tax that is paid by the non-Muslims under the Islamic system. The non-Muslims do not pay either the Khums or the Zakat taxes. They are not obliged to join the armed forces to defend the Islamic State whereas the Muslims are. The defence of the non-Muslims' lives, wealth, dignity etc. is the responsibility of the Islamic State. See M. Shirazi, al-Fiqh series, vol. 108, "Economics"; pp 41-42.

49Tax of 20% levied on untaxed, superfluous annual income. The taxed capital is not subjected to future Khums tax. Details in M. Shirazi, al-Fiqh series, vol. 33, "Khums". 50Tax on nine items when over certain limit. These items are Wheat, Barley, Dates, Raisins, Gold, Silver, Camels, Cows, and Sheep. Details in M. Shirazi, al-Fiqh series, vols. 29-32, "Zakat".

Kheraaj51 and Moqasemah52, there is no differential treatment between Muslims and non-Muslims. Other laws of the country that must be respected are those such as: not to engage in forbidden practices in public like consuming alcohol in public, setting up brothels, etc. Details of these are discussed in the book of "Islamic Government" of the al-Fiqh series53. Non-Islamic, but nationalist political parties which aim to develop and prosper the country are allowed to function, and so too are minorities political parties which aim to function within their own particular sphere. However, political parties that call for activities opposing Islam are not allowed to operate.

Every political party is allowed to pursue its activities within the framework of Islam, regardless of its nationality or sect it belongs to. Every ethnic group may use their particular language in schools, newspapers, and mass media. Needless to say, the official international language for Muslims is the Arabic language, since it is the language of the holy Qur'an and the sacred Sunnah. However, it is the right of any language speaking ethnic group to import radio and television station and printing presses and to publish newspapers and magazines in their own language. This is the income from letting a particular category of land. Details in M. Shirazi, al-Fiqh series, vols. 107-108, "Economics". 52This is a kind of a contract where the profits are divided based on the original investment or number of shares. 53M. Shirazi, al-Fiqh series, vols. 101-102, "The Islamic Government".

International Relations

The countries of the world are categorised into two groups in relation to the Islamic State, which will be established by the will of Allah: Islamic countries, Non-Islamic countries.

As for Islamic countries, it must be dealt with in accordance with Islamic jurisdiction on the basis of one community, Islamic brotherhood and Islamic freedom. Allah the Almighty states: "And verily this community of yours is a single community, and I am your Lord therefore fear Me."54 "Surely the believers are brothers."55 "He releases them from their heavy burdens and from the yokes that are upon them."56 Therefore, a Muslim from any other country must be treated equally like any other Muslim citizen of the Islamic State. Unless there was a definite "Secondary Order"57 such as the laws of the "No Harm", "Priorities" and "Precedence" where the forerunner takes precedence over others. However, the "Secondary Order" is applied only in exceptional circumstances and not as a fundamental principle. It is also on a temporary basis only, and not a permanent one. I recall about half a century ago, when there were no concepts such as ID cards and nationality or citizenship documents and suchlike, Muslims from other countries, Islamic or non-Islamic, used to come to Iraq. They were accorded the same status as those of Muslims in The holy Qur'an: the Believers [^23]: 52.

The holy Qur'an: the Chambers [^49]: 10. 56The holy Qur'an: the Ramparts [^7]: 157. 57In his other works the author has explained that the "Secondary Orders" are defined by deputies in consultation with the Council of Jurists.

Iraq in every respect such as marriage, business, employment, fraternity, etc. This status quo must be revived in accordance with Allah's order in the glorious book. A non-Muslim who comes to the Islamic state will be treated according to the 'Binding' law58, the 'Exchange of Interests' and "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."59 This is in addition to the aforementioned exceptional laws such as the "No Harm" and "Priorities" principles. Some Muslim and non-Muslim countries might wage war against the young Islamic State. This may be due to conflicting interests, or due to traditional animosities or other factors such as enemy designs and conspiracies etc. In all these cases, the problem must be resolved by the best possible means. This is the merit that distinguishes a wise government from an immature one. In fact, just as arrogant and selfishness destroys individuals, they destroy governments too. The scale of destruction of a government is faster and more widespread, as the saying goes "If a scholar gets corrupt, the world would follow" and "A corrupt scholar would corrupt the world".

Therefore it is imperative that animosity must change to co-operation at least to a certain extent. If, in the worst-case scenario, it was not possible (to change animosity to co-operation), and this is a rare assumption, then it is important to adopt a position of, at least, non- animosity to avoid a problem.

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". 59The holy Qur'an: the Tested [^60]: 8. Good Neighbourliness

One of the most important ingredients of stability for the young Islamic state is good neighbourliness, and respect for the right of the neighbour not just in a good way but in the best possible way, as Allah the Almighty states: "And enjoin your people to hold fast by the best in the precepts."60 Imam Kaadhum (A) is reported as saying: "Good neighbourliness is not abstaining from harming (the neighbour), but good neighbourliness is to persevere with the harm (coming from the neighbour)."

If a neighbour was a bad one in terms of belief or behaviour, it is imperative to reform him and invite him (to good) in the best possible way as Allah the Almighty states in the noble Qur'an: "Invite (all) to the Way of thy Lord with wisdom and beautiful preaching; and argue with them in ways that are best and most gracious."61 If good neighbourliness is important in relation to neighbouring houses in small communities, it is more so with respect to countries and governments.

The Islamic government must ensure that all its dealings are based on wisdom and reason with all countries - whether geographically close such as neighbour countries or distant ones such as all other countries of the world, Muslim and non-Muslim countries alike. If an opposing country starts a media campaign of agitation against the young Islamic state, it is important that the Islamic state keeps its The holy Qur'an: the Ramparts [^7]: 145. The holy Qur'an: the Bee [^16]: 125.

kindness and reply "with wisdom and beautiful preaching"62, not with insult and ridicule. The outcome of that kindness is at least to lessen the insult. Imam Sajjad (A) said: "O lord have Mercy on Muhammad and his descendants . . . and help me to tender with sincerity whoever cheated me, and to reward with kindness whoever abandoned me, and to repay generously whoever denied me, and to recompense by making bond with whoever broke off with me, and to praise whoever backbite against me. Enable me to appreciate the good deed and forgive the bad deed." 63 Accordingly, the Noble Qur'an states: "To forgo is nearest to righteousness"64

The Messiah Jesus (A) is reported to have said: "If someone slaps your right cheek turn your left cheek for him." Here he wanted the honour and comfort of the person being slapped before that of the slapping individual, because tolerating one slap is easier than putting up with many which will happen in case a fight erupts between the two. But this calls for strong nerves and use of reason and deliberation.

Naturally, in any case, the circumstances and priorities must be considered in line with the recommendations of the council of jurists. ibid. Extracts from supplications of Imam Sajjad (A) known as "Makaarem al- Akhlaaq" or "The Noble Ethics". 64The holy Qur'an, the Heifer [^2]: 237.