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.