Chapter III Pakistan-State & Government






Q.Examine the Islamic provisions in the 1973 constitution.

Introduction: -
                      The constitution of 1973 is more Islamic in character then previous constitutions. It was emphasized that all efforts will be made to establish a real Islamic system in all aspects of social life. The new constitution was enforced on 14th August 1973.

The Main Provisions:
1. Sovereignty of God: -
                                     Whereas sovereignty over the entire Universe belongs to Almighty ALLAH alone & the authority to be exercised by the people of Pakistan with in the limits prescribed by Him is a sacred trust. Where in the principles of democracy, freedom, equality, tolerance & social justice, as enunciated by Islam, shall be fully observed. Where in the Muslims shall be enabled to order their lives in the individual & collective spheres in accordance with the teachings & requirements of Islam as set out in the Holy Qur’an & Sunnah.

2. Name of State: -
Like in the former Constitution name Islamic Republic of Pakistan was selected for the state of Pakistan.
 

3. Islamic to be State religious: -
                                                   Islam shall be the state religion of Pakistan.

4.Islamic Way of Life: -
                                     Steps Shall be taken to enable the Muslims of Pakistan, individually & collectively, to order their lives in accordance with the fundamental principles & basic concepts of Islam & to provide facilities whereby they may be enabled to understand the meaning of life according to the Holy Qur’an & Sunnah.

5. Promotion of social justice: -
                                                  The state shall, present prostitution, gambling & taking of injurious drugs, printing, publication, circulation & display of obscene literature & advertisements.

6. Strengthening bonds with Muslim World: -
                   The state shall endeavourer to preserve & strengthen fraternal relations among Muslim countries based on Islamic unity.

7. The President: -
                            Only a Muslim can be qualified for election as President.

8. The Prime Minister: -
                                      The Prime Minister must be a Muslim.

9. Provision relating to the Holy Qur’an: -
                                                                     All existing laws shall be brought in conformity with injunctions of Islam as laid down in the Holy Qur’an & Sunnah, in this part referred to as the injunctions of Islam & on law shall be enacted which is repugnant to such injunctions.

10.Composition of Islamic Concept: -
            There shall be constituted with in a period of ninety days from the commencing day Council of Islamic Ideology, in this part referred to as the Islamic Council. The Islamic Council shall consist of such members, being not less than eight & not more than twenty as the President may appoint from amongst persons having knowledge of the principles & philosophy of Islam as enunciated in the Holy Qur’an & Sunnah, or understanding of the economic, political, legal or administrative problems of Pakistan.

11.Reference of Islamic Council: -
       The President or the Governor of a Province may, or if two-fifths of its total membership so requires, a House or a Provincial Assembly shall, refer to the Islamic Council for advice any question as to whether a proposed law is or is not repugnant to the injunctions of Islam.
 

12.Definition of Muslim: -
       Muslim means a person who believes in the unity & oneness of Almighty ALLAH, in the absolute & unqualified finality of the Prophet hood of Muhammad (Peace Be Upon Him) the last of the prophets, & does not believe in, or recognize as a prophet or religious reformer, any person who claimed or claims to be a prophet, in any sense of the word or of any description whatsoever, after Muhammad (Peace Be Upon Him).

13. A Non-Muslim Minority: -
                                                     According to the second  Amendment of 1973 Constitution, a sub-clause that declared the Quadiani Group or the Lahori Group who called themselves “Ahmadis” or by any other name; as non-Muslim minority.

Conclusion: -
                       This constitution remained enforced for
nearly four years. It was however suspended by then. Chief of Staff of the Pakistan Army, General Muhammad Zia-ul-Haq who imposed autocracy in the country on 5th July, 1979. To this day the constitution of 1973 is still being practiced with almost 18 to 20 amendments.