Contents Opening Remarks Islamic by System Islamic by Spirit Islamic by Practice Islamic by Diplomacy Islamic by Security Islamic by Performance Fast implementation of legislation Transparency Universal Jurisdiction of Islamic Law Treaties are fulfilled Division and Administration of Property (Objects/Animals/Land/Treasures/Mines) According to Islamic Law No Private Ownership of Pubic Interests Right to Claim Private Property Endowment is Islamic Law of Contract Islamic Law of Inheritance Law of Citizenship Family and Marriage Law is Islamic Law of Evidence Law of Relationship Criminal Law Conclusion Reference
The Islamic Republic of Iran is the only state which is run fully on Islamic Law. Islamic law is the law which is from Quran and Prophet of Islam. There are no other primary sources of Islam. All secondary sources must be subservient to the primary sources. Here I discuss the reasons why Islamic republic of Iran is the only Islamic country in the world and a model for all Muslim countries.
Islamic by System
Iran is based on Islamic system of meritocracy. Quran has put the knowledgeable and pious in charge of our affairs. Even though there is an election for president in Iran, however the president or his elected officials or the parliament have no power to legislate sovereignly. The president is subservient to the system of Islam represented by Islamic theocrats and supreme leader. The parliament is subservient to the Islamic theocrats (the jurists and theologians). In many secular countries the government is subservient to the supreme court and constitution, but the parliament is sovereign. In Iran Islam is sovereign and this sovereignty is represented by its people i.e. the jurists, the scholars, the theologians, men of God. The Islamic jurists are divided among three foundational bodies of Islamic republic: a) The assembly of experts b) The council of guardian c) The expediency council
The entire judicial system of the country has been desecularized. The judges of all the courts must be knowledgeable in Islamic jurisprudence; they must meet other qualifications determined by rules established by the High Council of Justice. The judiciary in Iran follows Islamic Law. There are basically three types of courts in Iran: (a) public courts, (b) clerical courts and (c) Revolutionary Courts. The regular courts in Iran, known as public courts, are classified into:
special civil courts,
first class criminal courts; and
second class criminal courts.
These courts mainly deal with the civil and criminal matters of the common public in Iran. The Clerical/Theocratic Courts are entrusted with the task of trying and punishing misdeeds by the clergy/Islamic jurists/theologians
The Revolutionary Courts rule on serious offences related to the country’s security, drug trafficking and safeguarding the Islamic revolution etc.
Islamic by Spirit
Since the victory of Islamic revolution of Iran Islamic culture and sentiments have come to the forefront of existence. Islamic symbols, icons and slogans are seen in public. Islam’s enemies are portrayed for information war and public awareness. Islamic reminders are in display for people to know and remember their purpose in life and society. All forms of immoralities and vices are shunned, such as prostitution, gambling, pornification, nudity and promiscuity. Welfare of the people are preferred over welfare of the elites and powerful.
Islamic by Practice
It should be noted that like the overwhelming response of the pagans of Mecca and Medina during Prophetic mission overwhelming people of Iran also responded to Islam. It is because both of them were under persecution and tyranny and Islam gave them hope and salvation. The people of the Islamic republic of Iran has thus responded to Islam and have been living by it since 1979. They have fought to protect Islam against Saddam and world powers and continue to do so to this. Western powers have only one problem with Iran: Political Islam. You may find some Iranians outside Iran who give negative images about Iran. These people are the loyal subjects of the tyrant Shah. These people yearn for a secular sinful Iran. They dream foolishly that a democratic and secular Iran will make them like Sweden or Switzerland.
Islamic by Diplomacy
Since the victory of Islamic revolution of Iran Iran’s foreign policy have been to
Protect the Islamic revolution
Empower the oppressed of the world. This they have done successfully in Palestine, Iraq, Afghanistan, Lebanon and Yemen. In Syria they are at odds with secularist Assad, but Syria is an essential base for Islamic empowerment and fight against Zionist supremacy.
Fight imperialism and neocolonialism
These have been a result of Imam Khomeini’s vision:
We are supporters of the oppressed. Whosoever is oppressed anywhere, we support him- Imam Khomeini, Sahifeh ye-Imam, Vol 5, page 146
The disappointment comes up if we cannot pull down the corrupt people a bit and pull up the oppressed a little... We are liable to think and we do it through legal aspects and divine guardianship- Imam Khomeini, Sahifeh-ye Imam, vol. 10, p. 246
Islamic by Security
Iran’s military is completely Islamic. They take oath in the name of God, Prophet and Imam Hussein who gave his life for justice. Iran’s military’s main ideal is Imam Hussein. They see themselves as the his soldiers fighting against the oppressors of the world. Any oppressed Muslim country needing help of Iranian military are helped and Iran does not delay in this. IRGC which is Iran’s foreign operations military wing have supported, trained, funded Islamic resistance in Palestine, Syria, Yemen, Afghanistan, Iraq and Lebanon. Pakistan’s reluctant attitude towards has impeded Iranian support and help towards the Kashmiri Muslims. Iran has built a strong base in Kashmir since the visit of Ayatollah Khamenei during the 1980s.
Islamic by Performance
Fast implementation of legislation Legislative enactments come in to force with in 15 days of legislation. This is because new laws have been established to pursue justice and justice cannot be delayed.
Transparency New legislations are informed to public. The new law is not left over for the expert to explain only. Universal Jurisdiction of Islamic Law Islamic laws are applied over everybody whether Muslim or non-Muslim, foreigner or local Treaties are fulfilled Islamic law obligates fulfillment of Islamic treaties Division and Administration of Property (Objects/Animals/Land/Treasures/Mines) According to Islamic Law
Properties are divided according to Islamic Laws. All issues related to property are administered and judged by Islamic jurisprudence. Issues relating to lost and found are administered and judged by Islamic jurisprudence. Issues related to treasures/mines/natural resources are administered and judged by Islamic jurisprudence. No Private Ownership of Pubic Interests No one may take possession of property which serves the common good and which has no private owner, such as bridges, caravanserais, pubic reservoirs, ancient schools and public open places. Right to Claim Private Property Lands which have fallen into disuse and on which are neither habitations nor cultivation and neither owned by government or private can be claimed and owned by private individuals. However, the poor will be preferred as property of unknown ownership shall be the needs of the poor. The owner owns the resources beneath his property and whatever is over his property. Now compare this with Canada where English queen owns all the land of Canada and no Canadian is allowed to own land!
Endowment is Islamic Endowment is administered through Islamic jurisprudence and maqasid of Sharia (objectives of Islamic law) based on equity and fairness towards everyone involved. Law of Contract Islamic All forms of contracts are administered and judged by Islamic jurisprudence. Where as most Muslim countries follow English law of contract Islamic Republic of Iran follows Islamic laws of contract. It is because one essential feature of Islamic contract is prohibited things/actions/products/services cannot be contracted upon. Islamic contract law is more about the welfare of both parties and public in general rather than mundane artificial emphasis on text and wordings.
Obligations arising without contract are administered and judged by Islamic law and its objectives.
Automatic liability is incurred through usurpation, harm, destruction and exploitation as defined and detailed by Islamic jurisprudence.
Contracts relating to banking and finance are administered and judged by Islamic jurisprudence
All forms of trades and transactions are administered and judged by Islamic jurisprudence.
Law of Inheritance Laws of inheritance and will are administered and judged by Islamic jurisprudence Law of Citizenship Anyone born in Iran can get Iranian citizenship even to a foreigner. This is Islamic and common sense. Law of Relationship
Only two forms of relationships recognized: by blood and by marriage Family and Marriage Law is Islamic The system of family, marriage & divorce are administered and judged by Islamic jurisprudence. Law of Evidence Law of evidence is administered and governed by Islamic jurisprudence Criminal Law Iran’s criminal law is Islamic. Hodood, Qisas, Tazir are just some of the essential ingredients of Islamic criminal laws there.
Imam Khomeini who had the vision of uniting the Muslims based on the Islamic brotherhood could have easily chosen Soviet Union or USA as a protector or big brother if he wanted Iranian nationalism. Aren’t that most ignorant Muslim rulers doing today? Choosing either America or China in the name of their nationalism or tribalism. When someone has created a movement towards united brotherhood why aren't the rest joining? Shias don't want to dominant Sunni countries but as Muslims we all want to live by Islamic law and governance and let each other have dialogue of faith, share economy and security. Why share economy and security with enemies of Islam instead among us? We can do this when we have created Islamic states like Iran. Unity is enhanced through similar minds!
CONSTITUION OF THE ISLAMIC REPUBLIC OF IRAN THE CIVIL CODE OF THE ISLAMIC REPUBLIC OF IRAN