Libya's governmental system

The National Transitional Council of Libya is working hard behind the scenes to form an interim government that will take the country through to elections. The main job of this interim government is to stabilise Libya and also to determine/establish the form of government that Libya will follow. The formation of the government has so far been delayed multiple times and though I am not privy to the internal discussions that have caused the delays, it is certain that it is due to wranglings on personnel and probably the form it will take. After all, it is taken for granted that Libya will be a "democratic" nation, a term that in itself has more than one meaning. And should Libya be democratic at all? Is democracy compatible with a nation that is Islamic in it's central principle? These are immensely tough questions and there will be debate up and down the Mediterranean coast as to how to form the government. Libyans are never shy about being opinionated and on this issue, why not? This affects all our lives, including those of us living abroad.

Democracy is one of those concepts in which there is a general agreement from the masses that it is "good". It's so important to be seen as being democratic that even dictatorships refuse to acknowledge being anything other than democratic (see Gaddafi and his claims of direct democracy). Every nation strives to be the most democratic, with no one questioning whether it is a goal worth striving for. Wars are fought over it, people are killed and reputations destroyed. Is it worth it? Undoubtedly, one of the central points of democracy no matter what form it takes, is that the ultimate power to determine laws and legislation sits with the people, whether through direct or representational rule. This is a concept that is not compatible with Islam and as Islam is the central tenet of Libyan life, we must already reject democracy in it's pure form. As muslims, we must believe in Tawheed ar-Ruboobeeyah (or Uluhiyaa). This is a concept derived by the early scholars of Islam to summarise the statement of Allah "Oh you who believe, obey Allah and obey the Messenger and those in authority over you. And if you were to disagree upon anything then return to Allah and His Messenger if you believe in Allah and the Last Day". Essentially, what Allah made Haram is Haram and what Allah made Halal is Halal. So ultimate power sits with Allah, which in a democratic sense doesn't work. In Islam, it is not the majority that rule, as with democracy, but those that are with truth, even if they are just one person.

No one believes that there is one form of government that fits all. Even in the West, democratic countries are found in many different guises. The U.S.A. is a federation of democratic states, with it's head of state and federal government the president, voted by the masses in a general election. The U.K. prefer a constitutional monarchy, with the head of state being the Queen - though being a largely figurehead role with limited actual power - and prime minister as head of government. France have a republic, with a presidential head of state and prime minister as head of government. And so on. The point I am making is that every nation has created a country and form of government that fits what is right for itself and it's people. Those nations I've mentioned also have secularism (separation of state and religion) as an important principle. We, as Libyans and Muslims, do not need to do that, as we have been given a complete way of life that incorporates the social, macro-economic and political aspects of life as well as the individual and spiritual aspects. And if truth be told, democracy in the West is a failed experiment. Governments and politicians are so entrenched in the concept of "winning" an election and recognising success by the number of elections that are won that they forget to govern and influence, but they play to the crowd and let the pollsters make their decision. A government cannot make short term unpopular decisions for fear of being removed within 4-5 years. It is a popularity contest. But doctors do not work by consulting the masses on what is best. They know what is best. So why do we have a referendum of the people to determine if joining the Euro is what is best? I'm not an economist, nor a defence expert nor a health expert. Ask the people that know!

And so, it is with that thought that I look towards our ancestors in Islam to understand what fits right for us and how it can work in today's climate. I will, going forward from here, document my own personal vision for a Libyan form of government. I do not claim that this is in any way the general feeling of the Libyan people. Nor, if I am to be honest, likely to implemented. However, this debate will be had with or without me. Therefore, I wish to have my say. Before I go on to the structure and form of government, please indulge me for one more paragraph of how I came to these conclusions.

There are certain Islamic organisations that will spit bile at the claim of a Muslim Democracy. These organisations have stated democracy is haram and against the Will of Allah. They have a point as I already explained. However, elections and voting are not one of those points. When Umar Ibn-Khattab realised he was dying, he appointed the six remaining members of the 10 that were promised paradise to choose a new Khalifa from amongst them. He also insisted that his own son, though highly respected, should not be included amongst them. Ibn Umar did, however, crucially oversee the elections (I may have shown my hand a bit early there). These six did vote between them on who should be the next Khalifa and the majority did rule. This is an event that was just another example of the immense intelligence of Umar and how we do not learn enough from him. And though Umar had the advantage of knowing that any one of those six were promised Paradise and therefore, he couldn't go wrong. But we should learn some principles here.

1. The new leader was chosen from a select number of people, who themselves voted for a Khalifa based on there actual intimate knowledge of the person and not well crafted, PR-savvy image of a person.
2. There should be a person or persons that oversee the election, with full independence, who will ensure the elections are completed on time and fairly.
3. Leadership should not be handed down from father to son (No monarchy, never!)
4. A leader should be chosen based on good character.

Umar also was the first to create what was essentially a federal government, where central power sat with the Khalifa and who had the ability to overrule state rules if they were seen to be contradictory to Islam or the Muslim Ummah. He appointed governors in those regions who had  a certain amount of autonomy.

So now that you have indulged me:

Structure of government

As I mentioned, there are many different forms of government, and any number could fit in with Libya. The form of government I feel is most suited to Libya is that of an Islamic Federal State. Each state would be a semi-autonomous entity, split into smaller components (counties). This would allow Libya to be efficiently run and set up the foundations for successful electoral system. This is similar, though to a smaller degree, to the form of government Umar started and was of success for the successive Muslim empires.

Structure of a future Libya Government

Notes:

• President is Head of State
• President appoints government ministers
• Committee of Islamic Scholars fully independent - unlike other countries, not appointed by the Head of State
• Oil industry sits under the responsibilities of the Federal Government - this wealth must be evenly and proportionally spread.

Electoral System

The biggest issue I have with the electoral systems of most democracies is that the average man or woman on the street really knows nothing about the leaders, parties or issues. How do I know if Gordon Brown is actually more capable of leading the country than David Cameron? I just know he is boring. So the electoral system must ensure that the best person is picked. This is done by keeping the elections small and representative rather than comprehensive.

Elections timeframes

County Elections

• Voted by the residents of the county for the Qadi.
• An absolute majority is required therefore a run-off method of voting is put in place
• First round of voting with all candidates
• If no one candidate has achieved an overall majority a second round between the top two takes place
• Second round produces victory with overall majority
• These elections overseen by a representative of the Committee of Islamic Scholars
• Elections held every two years

State Elections

• Voted for by the Qadis of every county for the Governor. Chosen from amongst them.
• Candidates must be nominated and seconded by 5% of the Qadis to be included
• An absolute majority is required therefore a run-off method of voting is put in place
• First round of voting with all candidates
• If no one candidate has achieved an overall majority a second round between the top two takes place
• Second round produces victory with overall majority
• These elections overseen by a representative of the Committee of Islamic Scholars
• The new Governor appoints a deputy-Qadi
• Elections held every 5 years

National Elections

• President chosen from amongst the governors by the governors
• These elections overseen by a representative of the Committee of Islamic Scholars
• The new President appoints a deputy-Governor
• Elections held every 10 years

So this is how I see it. I haven't answered the question of political parties. But should there be? Is partisanship Islamic? I don't know. I am sure there will be many more debates on this to follow, most behind closed doors.

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