Islamic Law in Pakistan
Pakistan, located in South Asia, is home to over 95 percent of Muslims, making it a predominantly Muslim country. Officially known as the Islamic Republic of Pakistan, the nation’s constitution ensures the establishment and implementation of Islamic law and principles of Shariah, reflecting its deeply rooted Islamic ideology.
Ideology of Pakistan
The foundation of Pakistan is intrinsically linked to Islamic ideology and the Two-Nation Theory. This theory advocated for a separate nation for Muslims of the Indian subcontinent, distinct from the Hindu-majority regions. The visionaries behind Pakistan’s creation, including Muhammad Ali Jinnah, emphasized the need for a homeland where Muslims could freely practice their religion, culture, and traditions without oppression.
The struggle for Pakistan was marked by immense sacrifices. Millions of Muslims left their homes, properties, and even families to migrate to the newly established country, driven by the desire to live in an Islamic state that upheld Islamic values and principles.
Objective Resolution
A pivotal document in Pakistan’s history is the Objective Resolution, passed unanimously by the Constituent Assembly of Pakistan on March 12, 1949. This resolution is a cornerstone in defining the Islamic character of the state and serves as a guiding principle for the nation’s constitution.
The Objective Resolution declares: “Whereas sovereignty over the entire Universe belongs to Almighty Allah alone, and the authority to be exercised by the people of Pakistan within the limits prescribed by Him is a sacred trust;”
This opening statement unequivocally establishes that Pakistan’s sovereignty lies with Allah Almighty and the governance is a sacred trust exercised within the limits set by Islamic teachings. This document unequivocally declares the enforcement of Islamic law in Pakistan. The Objective Resolution was later incorporated into the constitution as its preamble and operative part under Article 2A, further solidifying its significance.
Constitutional Provisions
Pakistan operates as a constitutional democratic state where the constitution is the supreme law. All laws and policies must conform to the constitution, and any legislation that contradicts it is deemed invalid. Several articles within the constitution explicitly emphasize Pakistan’s Islamic identity and mandate the adherence to Islamic law in Pakistan. Key articles include:
Article 2A:
Declares the Objective Resolution as a substantive part of the constitution, underscoring the Islamic foundation of the state.
Article 31:
Mandates the state to foster an Islamic way of life, promoting the observance of Islamic moral standards, and ensuring that the teachings of the Quran and Sunnah are part of the education system.
Article 227:
Ensures that all existing laws conform to the injunctions of Islam as laid down in the Quran and Sunnah, and no law shall be enacted which is repugnant to such injunctions.
Implementation Mechanism
To ensure the effective implementation and enforcement of Islamic laws in Pakistan and principles of Sharia in the country, the constitution of Pakistan has established two primary institutions:
1. Council of Islamic Ideology (CII):
This advisory body is tasked with ensuring that laws and policies align with Islamic principles. The CII reviews existing laws and proposes new legislation to ensure conformity of laws with Islamic teachings. It also advises the parliament and provincial assemblies on matters related to Islam for legislation.
2. Federal Shariat Court (FSC):
The FSC has the authority to examine and determine whether any law or provision thereof is repugnant to the injunctions of Islam. The court can strike down laws that are inconsistent with the injunction of Islam as laid down in Quran and Sunnah, and hear appeals under Hudood laws (Islamic criminal laws). The appeals against the decision of the Federal Shariat Court lies before the Shariat Appellate Bench of the Supreme Court of Pakistan.
Practical Issue:
Although Pakistan is constitutionally and legally recognized as an Islamic state, the practical reality often differs. The implementation of constitutional provisions is hindered by a lack of skilled human resources and education, leading to a failure to uphold these principles in their true spirit. It is the responsibility of the executive and judiciary to enforce these provisions; however, due to limited understanding of Islam and lack of political will they often fail to fulfill their responsibilities. Consequently, while Pakistan is de jure an Islamic state, it cannot be considered de facto an Islamic state in practice.
Conclusion:
The establishment of Pakistan is deeply rooted in Islamic ideology, as affirmed by the Objective Resolution and various constitutional provisions. The country has developed robust mechanisms to ensure that its laws and policies align with Islamic principles, maintaining its identity as an Islamic state. Through the Council of Islamic Ideology and the Federal Shariat Court, Pakistan strives to uphold the values and teachings of Islam in its legal and social framework, reflecting the aspirations of its founding leaders and the sacrifices of millions of Muslims. Although in legal terms Pakistan is an Islamic state but in practice the laws and principles of Islam in their true spirit are not visible in the governance and judicial system of the country which needs to be fixed.