An Islamic Pakistan

“Pakistan Ka Matlab Kia – La Ilaha IlAllah”, two-nation theory, expanding the legislative council to the clauses of Pakistan’s Resolution are all the aims and objectives of a true Islamic welfare state of Pakistan.

Pakistan is the only state on the face of Earth which is founded on the basis of ideological backgrounds of Islam. The then shouted slogan, “Pakistan Ka Matlab Kia – La Ilaha IlAllah”, two-nation theory, expanding the legislative council to the clauses of Pakistan’s Resolution are all the aims and objectives of a true Islamic welfare state of Pakistan.

Jinnah – Founder of Pakistan – in his speeches and public gathering emphasized the importance of the implementation of Islamic laws whereas the members of Legislative Council vow to undertake any efforts in implementation of Islamic laws in the country. But still there have been no mechanism sought to do so whereas the Resolution of Pakistan, instead of being submerged into the Constitution, is mere a preface. The Council of Islamic Ideology is devised to advise the legislature whether or not a certain law is repugnant to Islam but still its recommendations and proposals are undermined to make way for the non-Islamic laws.

Pakistan was bound to the Government of India Act 1935 until it devises its own constitution. The Constituent Assembly was handed over the task. The first congress of Constituent Assembly bore fruitful results when Liaquat Ali Khan presented “Qarar-Dad-e-Maqasid” on March 07, 1949. The resolution was passed on 12th of March, 1949.

The notable clauses in 1949 Resolution were that the supreme power be Allah SWT, the freedom, equality, tolerance, and justice shall be served, the Muslims be given contingencies to observe their individual and social lives under the teachings of Islamic laws, the preservance of the rights of minorities in their beliefs, religion and practices, the citizens be given freedom and that the constituent assembly must observe the Islamic teachings and that no law inimical to the Islam shall be implemented.

The 1949 Resolution is regarded as the Magna Carte of Pakistan. The resolution had a foremost importance in the future constitutions of 1956, 1962 and 1973, recorded as a preface for the respective constitutions. The resolution has eliminated the possibility of any efforts taken to render the Islamic Pakistan into a secular one. The resolution emphasized that the Pakistan will be an Islamic Republic and that Islamic laws must be implemented. In 1985, General Zia-ul-Haq, in an amendment in the constitution of 1973, made the 1949 Resolution a permanent part of the constitution.

The following table lists to most notable clauses in the constitutions of 1956, 1962 and 1973:

1956

1962

1973

Allah SWT – The Supreme Power

Constituent Assembly be formed on Islamic principles

The President being Muslim (The same compulsion put up for Prime Minister in 1973)

Abiding by the Islamic Laws in all matters

Islamic Social Code

Preservance of Islamic values

No such law must be implemented which is defiant to Islam and that the current laws must be made compatible with the Islamic teachings.

Islam declared as an official religion of the state. Muslim defined as the one who believes in the oneness of Allah SWT, the Prophecy of Prophet Muhammad (SW), finalty of Prophethood, Judgement Day, and the Books of Allah.

   

The President, Prime Minister, Federal Ministers, Speaker Assembly, Deputy Speaker, Chairman Senates, Provincial Governors, Chief Ministers, Speakers and Deputy Speakers are all obliged to vow for loyalty to Ideology of Pakistan.

Zakat & Aukaf

Friendly relations with Islamic nations

Preservance of minorities’ rights (Reserved seats in provincial assemblies – 1973)

Compulsion of Islamic Education (Measures to promote Arabic Eduaction – 1973)

   

“Qarar-Dad-e-Maqasdi” being the compulsary part of the constitution, as enforced by General Zia-ul-Haq in 1985.

Foundation of “Islamic Research Institute”

The President is obliged to form “Islamic Advisory Council” of 5-12 members with knowledge of Islam and political, economic, legal and administrative affairs. The council was obliged to bring forth any suggestions that may help the central and provincial governments help implement the islamic values.

 
   

Islamic Ideological Council consisting of 8-15 members. The council will verify if the respective bill is in accordance with Islamic laws, thus advising the President, Governors, Central and Provincial assemblies.

 

“Islamic Research Institute” (ادارہ تحقیات اسلامی) was formed to seek the Islamic solutions for contemporary issues.

 

Elimination of Interest (سود)

The 1973 Constitution is of vital importance in the history of Pakistan. It was signed by all the members of the National Assembly. The 1973 Constitution was more Islamic than the former ones. From Islam being the official religion of the state and the declaration of a person as “non-Muslim” if he/she does not believe in the finalty of Prophethood, elimination of Interest (سود), and the implementation of Islamic laws were the major traits of the constitution. However, it was 1977 when in the wake of unfair, rigged elections and uplifting crisis, the Martial Law replaced the constitution.

The third Martial Law however replaced the 1973 Constitution but it proved to be a golden era for the implementation of Islamic laws in the country.

On 20th of June 1980, Zakat o Ashar system was implemented where the amount of Zakat was deducted from the bank accounts on the advent of Ramadan. Islamic Laws Ordinance was passed on 10 February, 1979, therefore for the crimes of theft, alcoholism, rape and murder, Islamic punishments were implemented. Measures were taken for the elimination of Interest. On 1st of July 1984, all of the country’s saving accounts were converted into “Profit & Loss Sharing Accounts.” Sharia Bench were established on 10th of February, 1979 in all courts. Islamic education was made compulsory in Matriculation, Intermediate and Degree classes. “Ahteram-e-Ramdan” Ordinance was passed in June 1981. The institutions were obliged to abide by the prayer times. The Islamic sancuatiries were promoted, introducing the respective B.A and M.A status. The Radio and Television institutions were obliged to abide by the Islamic codes in their streams. The law of Qisas and Deet was implemented. The dress code was reformed. My Lord and You Lordship were replaced by Janab-e-Wala and Janab-e-Aali in the official speeches. “Mohtasib Aala/Ombudsman” was appointed to enable the public to seek justice against brutalism and Bureaucracy. The communication between scholars of Islam and official respresentatives was enhanced. Shariyat Bill was passed which was obliged to reform the society, education and economy on Islamic principles. Moroever, Bait-ul-Maal was established to help the needy and poor.

The ones chanting the slogans of Nationalism and Modernism have forgotten the history of Pakistan which is evident to the claim that Islam is the spirit of Pakistan.

In the following text, we observe the Islamic teachings in some of the case studies which will help us analyze the Islamic code in the respective cases. The subject requires an extensive writing but the following text will focus on rather notable case studies.

Umar bin Abdul Aziz – an Ummayad caliph who ruled from 717 to 720 – His rule has been regarded as one of the golden eras of Islamic reigns.

Prohibiting Governors and Officials from Trading:

In a letter, ‘Umar wrote to his official, he said:

“We hold the view that a leader should not deal in trade and it is not permissible for any official to trade within the vicinity he is appointed over. In the event that he did deal in trade, he would dominate the market and weigh heavily on the flow of its affairs, which is why he must be sure not to do so.” Umar recognized that if officials and governors were to take their hands to commerce, one of two things, if not both, would naturally happen: either they would become too preoccupied with their businesses to attend to the affairs of the Muslims; or they would be treated favorably on account their statuses and be given rights that they were not entitled to that would disturb the harmony of the market. In view of this. ‘Umar took precautionary action against these dangers for fear that they might lead to administrative corruption and many more negative repercussions. Eight centuries later, the Khalid-n appeared on the scene and wrote in his great work entitled al-Muqaddimah [Introduction], alter having conducted extensive research: “How true and completely wise was `Umar bin Abd al-‘Aziz when he said: Trade exercised by the authorities is harmful to citizens and problematic to the levying of taxes…”

Holding Former Governors to Account over the Funds of the Bayt al-Mal:

After `Umar bin `Abd al,Aziz had assumed office, he issued a warrant of arrest for the Governor of Khorasan, Yazid bin ‘Abd al-‘Malik, who ‘Umar probed over the money that he had been bequeathed by Sulayman his ‘Abd al-Malik. Yazid answered:

“I held a special status with Sulayman as you saw for yourself and he bequeathed it to me in private without the people’s knowledge. I learned that Sulayman did not record it down.” ‘Umar therefore said: “I find there is no other way to resolve this than your imprisonment. Fear Allah and leave what you are incapable of accomplishing, for I cannot overlook the rights of the Muslims.” `Umar then sent hits back to prison where he remained up until `Umar fell ill. Even in that state, ‘Umar probed his governors, monitored their actions and held them accountable for their negligence, as he wrote to one them saying: “Many have complained about you and few have thanked you. So either be just or resign from your post. Peace.”

Rationalizing Administrative Expenditure:

‘Umar sought to attune his aides and governors to be economical with the Muslims’ funds. Thus. when the Governor of al-Madinah asked ‘Umar to spend money on candles for him, ‘Umar replied:

“I swear, O the Umm Hazm, when I assigned you to office, you would leave your house on a dark winter’s night without a lamp and, I swear, you were better than you are today even though your family have enough wicks to make you rich.”

Having also requested writing paper. ‘Umar wrote back:

“Once you have read my letter, use less ink, shorten the gaps between your lines and make your words more concise so that they fit on one page. For I certainly hate to exhaust the Muslims’ funds on what is of no direct benefit to them?”

Umar was undeniably scrupulous when it came to spending public funds and directing his governors to make optimal use of State resources even down to the amount of paper officials would use to write to him.

Launching Infrastructural Projects:

During the time that `Umar bin ‘Abd was the Governor of al-Madinah, he repaired and enlarged the Mosque of the Prophet (May peace and blessings of Allah be upon him), besides constructing hundreds of new aqueducts and improving the suburban roads leading to the city. It is not surprising then that once he became the Caliph. He initiated many projects aimed at enhancing the welfare of traders, farmers and travelers. Under the orders of al-Walid, the public welfare institutions and projects set up by ‘Umar received much stimulus. All over the vast empire, thousands of public wells, inns, hostels and guesthouses were constructed to accommodate pilgrims and travelers. The channel for transporting food from Egypt to Makkah that ran between the Nile and the Red Sea continued to function up until the days of `Umar his ‘Abd al-Aziz’s caliphate. His official in Basrah wrote to notify him of the people’s request for the construction of an aqueduct, which ‘Umar authorized and named Nahr ‘Udayy (The River of `Udayy).

Spending on the Dhimmi (Non-Muslims Living under Muslim Rule) Who Reached Old age and Possessed No Money:

Islam is the religion of the justice, munificence and caring for the weak. Islam gives attention to everyone who lives on the earth, even if they do not follow the religion of Islam. ‘Umar bin ‘Abd al-‘Aziz embodied this sublime value by the laws of the religion as they should be applied. Thus, he determined that if a Dhimmi reached old age and had neither money nor kin to look after him, he should be provided for from the Muslim’s Bayt al-Mal. Ibn Sa‘ad narrated: “‘Umar bin Bahram as Sarraf said:

‘A letter from ‘Umar bin ‘Arta‘ah and the Muslim Believers peace be upon you. To you I praise Allah Whom there is no one worthy of worship but Him and say: turn to the Ahl adh-Dimmah (Non-Muslims living under Muslim Rule) and treat them kindly. Should any of them grow old and not have any money, spend on them, and should they have kin then order them to spend on them.”

Minorities’ rights:

The Islamic law has ensured several rights and privileges for non-Muslim minorities. Perhaps the most important of which is the freedom of belief, which is stated in Allah’s saying:

{There is no coercion in religion}[Al-Baqarah: 256].

This was also reflected in the Prophet’s (peace be upon him) letter to the People of the Scripture in Yemen where he invited them to Islam. He (peace be upon him) said:

“…and a Jew or a Christian who embraces Islam becomes one of the believers, having their rights and duties; and the one who remains Jewish or Christian should not be forced to disband his religion..”

For such Non-Muslims, jizyah is a per capita yearly tax historically levied by Islamic states on certain non-Muslim subjects—dhimmis—permanently residing in Muslim lands under Islamic law. Muslim jurists required adult, free, sane males among the dhimma community to pay the jizya, while exempting women, children, elders, handicapped, the ill, the insane, monks, hermits, slaves, and musta’mins—non-Muslim foreigners who only temporarily reside in Muslim lands. Dhimmis who chose to join military service were exempted from payment, as were those who could not afford to pay. The Prophet (peace be upon him) warned against commitment of injustice against non-Muslims and diminishment of their rights. He vowed to be the opponent of their aggressors. He said:

“Beware, if anyone wrongs a contracting man, or diminishes his right, or forces him to work beyond his capacity, or takes from him anything without his consent, I shall plead for him on the Day of Judgment.”

As the Islamic law allowed non-Muslims to enjoy the freedom of belief, it enacted rules to preserve their lives, on the ground that they are human beings who have the right to life and existence.

In this regard, the Prophet (peace be upon him) says: “whoever kills a contracting man(a non-Muslim protected by the state or an agreement) he will not smell the Paradise”.

Women Rights:

Allah SWT says in The Glorious Qur’an, “We have already sent Our messengers with clear evidences and sent down with them the Scripture and the balance that the people may maintain [their affairs] in justice. And We sent down iron, wherein is great military might and benefits for the people, and so that Allah may make evident those who support Him and His messengers unseen. Indeed, Allah is Powerful and Exalted in Might.”[1] Moreover, He SWT says, “Indeed, Allah orders justice and good conduct and giving to relatives and forbids immorality and bad conduct and oppression. He admonishes you that perhaps you will be reminded.”[2] Allah SWT has blessed the Ummah with such measures in the form of punishments to be implemented against the respective crimes. Islam seeks to protect the society from the consequences of the crimes.

In any corrupted society, women and children are the one most vulnerable to being the victims. The rapes, molestations and harrassment are some of the most notable crimes in such society. The crime of rape is somewhat entirely different than the crime of adultery. Adultery is a crime in which both the participants are equally involved and responsible for the sin. Rape, on the other hand, falls under the category of Harab and the committer is termed as Muharrib, hence therefore must be subjected to the punishment by Allah SWT, “Indeed, the penalty for those who wage war against Allah and His Messenger and strive upon earth [to cause] corruption is none but that they be killed or crucified or that their hands and feet be cut off from opposite sides or that they be exiled from the land. That is for them a disgrace in this world; and for them in the Hereafter is a great punishment.”[3] If the culprits are not dealt with the serious consequences for their respective crimes, the society will fall into a grave danger. If the murderer, rapist or culprit is aware of the consequences he/she might face for his/her crime, he/she will think a thousand times before committing it. In the Qur’an, Allah SWT says, “…And let a group of the believers witness their punishment.”[4] The observation of the punishment to the crimes in a society will not only spread the awareness among society but forbidding the rest of the society in falling to the crimes.

Islam aspires to the highest level of behavior at the individual, family and community levels. The divine nature of Islam mkes it the only religion in the world that offers genuine solutions to such and all problems, be it the contemporary issues, as social unrest, political instabilities, poverty, murders, depression, addictions, alocholism, family break-ups and the like. Islam is not mere a religion, but a complete code of life. These are the core teachings of Islam that enable us, as Pakistanis, as a nation, to think “global” as members of the Ummah and a stronghold of Islam in contemporary world, promoting cooperation, brotherhood, and unity amoung the Muslim world whilst purifying the socieities of all the sickness.

[1] Surah al-Hadid 25

[2] Surah an-Nahl 90

[3] Surah al-Ma’idah 33

[4] Surah an-Nur 2

M. Waqas Abdullah

Husband | A proud father to a princess | Technoholic | Computers | Programming | Pak Activist | PsyOps | Founder NazariaPakistan.com


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