ISLAMIC PROVISIONS OF THE CONSTITUTION OF PAKISTAN

ISLAMIC PROVISIONS OF THE CONSTITUTION OF PAKISTAN

1. Introduction:

The constitution of Pakistan is regarded as an Islamic constitution because in it Islam has been declared as the state religion. no law can be made against the Islamic provisions. it has also been prescribed in the principles of policy that state shall enable the Muslims of Pakistan to adopt the Islamic way of life.

2. Relevant Provisions:

Article 2, 2A and 277 to 231 of the constitution of Islamic republic of Pakistan.

3. Islamisation of existing laws:

The present constitution declares that all existing laws shall be brought in conformity with the injucutions of Islam as laid down in the holy Quran and Sunnah.
Meaning of Quran and Sunnah:
The expression Quran and Sunnah sall mean the Quran and Sunnah as interpreted by any Muslim sect when applied to the personal law of the non-Muslim citizens of Pakistan or their status as citizen.

4. Special Institution of Islamisation:

Two special institutions for Islamisation under the constitution have been established
(i) Federal shariat court.
(ii) Islamic Ideology council.

Case law

P.L.D 1989 SC 613
It was held, legislature has no authority to enact a law in any field including those relating to taxes which is repugnant to the injuction of Islam and no other functionary including tax authorities has power to lay down any unIslamic rule.

5. Islamic provisions in the constitution on 1973:

Following are the Islamic provisions of the present constitution.

(i) Sovereignty of God:

According to the constitution the sovereignty of entire world belongs to Almighty Allah.

(ii) Name of the State:

Name of the state is "Islamic republic of Pakistan".

(iii) State Religion:

According to the constitution Islam shall be the state religion of Pakistan.

(iv) Promotion of Islamic way of life:

State shall enable the Muslim of Pakistan, individually and collectively, to order their lives in accordance with the fundamental principles and basic concept of Islam.
(v) Promotion of Social Justice and Eradication of Social ! evils:
(a) State shall preostitution, gambling and taking of injurious drugs, printing, publication, circulation and display of obscene literature and advertisements.
(b) Prevent the consumption of the alcoholic Liquor otherwise than for medical, and in case of non-Muslims purpose.

(vi) Qualification for president:

Only the Muslim can be the president of Islamic Republic of Pakistan.

(vii) Strengthening bonds with Muslim world:

State shall strengthen bonds with Muslim world on basis of Islamic unity.

(viii) Qualification for prime minister:

Only a Muslim can be qualified for election as prime minister.

(ix) The Islamic Council:

There shall be constitution a council of Islamic ideology referred to as the Islamic council. it shall make recommendations to parliament for enactment of Islamic law etc.

(x) Definition of Muslim:

The constitution of 1973 has defined the word Muslim. A person who believe on oneness of Almighty Allah and on the Prophet hood of Muhammad (S.A.W).

(xi) Enforcement of Islamic laws:

State shall enforce Islamic law as soon as possible.
(xii) Protection of Islamic values:
State shall protect Islamic value in the country.

(xiii) Welfare state:

The concept of welfare has been adopted.

(xiv) Protection of Minorities:

In the constitution of 1973, the non-Muslims minorities have been given rights and protection.
(xv) Promotion of Islamic teaching:
It has been declared that state will endeavour to make compulsory the teaching Holy Quran and Islamic studies.

(xvi) Correct publishing of Holy Quran:

State shall ensure the correct publishing of Holy Quran.

(xvii) Ideology of Pakistan:

The President, Prime Minister and other high officials have to declare in their oaths that they will protect the ideology of Pakistan.

(xviii) End of Interest:

State shall eliminate Riba system in the country as soon as possible.

6. Conclusion;

To conclude I can say that: the constitution of 1973 of Islamic republic of Pakistan contains a number of Islamic provisions. no law which is repugnant to the basic principles of Islam can be valid. constitution says that state shall enable the Muslims of Pakistan to order their lives individual and collectively in accordance with the principles and concept of Islam.