On the legality of the transitional constitution of the government of Iraq

In the Name of Allah the Merciful, the Compassionate

His Eminence Ayatollah al-Udhma Sayyid Sadiq Hussaini Shirazi

Peace and Blessings of Allah be upon you.

What is your opinion about the transitional constitution of the government of Iraq ?

Please give us your Fatwa, may Allah reward you.

A group of the faithful

17th Muharram 1425 (9th March 2004)

In the Name of Allah the Merciful, the Compassionate

Peace and Blessings of Allah be upon you.

The constitution must be [based on] the law of Islam, for the Glorious Qur'an has rejected any law other than its law, and that to govern by other than [Islam] is disbelief, wrong and disobedience.  Allah Almighty states:

[Truly the rule is none but Allah's.] [1]  

[And whoso rules not according to what Allah has sent down, they are the unbelievers.] [2]

[And whoso rules not according to what Allah has sent down, they are the evildoers.] [3]

[And whoso rules not according to what Allah has sent down, they are the transgressors.] [4]

Since the majority of the honourable Iraqi nation is Muslim, who believes in the glorious Qur'an as a constitution and in Islam as a system and a way of life, it is therefore obligatory that the devised law [of the land] does not deviate from Islam in any way and on every issue no matter how small it may be, for Islam is the principle source of law and legislation.

And since the law will apply to every single individual of this nation, every Iraqi must be satisfied with it, and that all must vote on it through a fair referendum – which must take place soon – to determine the decision of the majority.  Needless to say the rights of the minority must be guaranteed fully and justly.

History proves that the Muslim nation lived in bliss and prosperity under the shadow of Islam, as manifested by the governments of the Prophet Muhammad and Amir al-Mu'minin (Imam Ali), peace be upon them and their families, the like of which humanity has not experienced to date.  Two examples of this – from amongst hundreds of them – may be cited here.  The Messenger of Allah, peace be upon him and his family, through Islam reconciled between various sects and groups of the Ommah such that they considered themselves as brothers, while before they were constantly engage in destructive feuds and wars which had gone on for hundreds of years.  The Almighty states:

[And remember Allah's blessing upon you when you were enemies, but He brought your hearts together, so that by His blessing you became brothers.] [5]

The other example is that history fails to record there being even one destitute living in the country during the government of Amir al-Mu'minin peace be upon him, despite the fact that his government then covered vast area, which included some fifty countries of today's geography including Iraq.

We pray to Allah to make the hopes and wishes of this oppressed nation [of Iraq ] to come true through the laws of Islam, which guarantees the bliss and prosperity for [the nation] in every respect in this world and in the hereafter.

Sadiq Shirazi

17th Muharram 1425 (9th March 2004)