Professional Documents
Culture Documents
CONTENTS
Why this topic is chosen? Basic terminologies. Brief background. Vision of Pakistan in the light of statements of Allama Iqbal and Quaid-e-Azam Allegations on Quaid-e-Azam and Pakistans ideology and their refutation Proposed amendments in the constitution to fulfill vision of Pakistan.
BASIC TEMRMINOLOGIES
Before begin with our topic it is appropriate to define few terminologies which are the essence of our topic.
8. Free intermixing of the sexes will be prohibited and in principle separate areas of activity will be determined for men and women.
SECULAR DEMOCRACY
Secularism is a system of government in which there is no intervention of divine guidance in the legislature or state affairs. Hence, secular democracy means a system of government in which legislature of state affairs can be carried out with the opinion of elected representative of people which is not under any influence of divine guidance. For example, if a consensus is made on the legitimacy of trade of alcohol then it cannot be considered as a crime however it is forbidden by Islam.
BRIEF BACKGROUND
The ideology of Pakistan can only be understood in the lights of statements of the co-founders of Pakistan, i.e, Allama Iqbal and Quaid-e-Azam. We will definitely prove our argument in the light of their statements but before doing so, it is necessary to understand that Islamic sentiments for an Islamic state did exist before struggle for independence and demand for an Islamic state was not something new as it was the voice of hearts of Muslims which was raised by our founders and that is the reason why Muslims gathered behind Muslim League.
caliphs there were Abbasid and Umayyad Caliphate. Although they were not true Caliphate but there was some Islamic character in it. Therefore Muslims have always lived by a caliphate under which all Muslim states operated and hence they were considered as Islamic states (although they were not true Islamic states). So the sense of Islamic state was present before the struggle for Pakistan. The last Caliphate was the Ottoman which was ended in 1922. This Caliphate was in Turkey. In its last year it was very weak and it had very little influence over Muslim states as most of the Muslim states were colonized but it was still a symbol of an Islamic State. When it was ended in 1922, Khilafat Movement was launched in sub-continent for the restoration of caliphate. The question is Why the Muslims of subcontinent struggled for caliphate which was in Turkey? What was their relation to such Caliphate which had very little power and did not belonged to their country? This clearly shows that sentiments for an Islamic state did exist before the struggle for Pakistan and when Quaid-e-Azam gathered Muslims in the name of Islam, there was only one thing in mind and that was to make Pakistan an Islamic welfare state as Ottoman Caliphate was ended.
During freedom movement there was a very popular slogan Pakistan ka matlab kya la ilaha illallah. If Pakistan was not meant to be an Islamic state then why the meaning of Pakistan was described as Sovereignty belongs to Almighty Allah?
This document is also important because he not only made a suggestion in regard to form a Muslim state but also gave prophecy for it. I would like to see the Punjab, the North-West Frontier Province, Sindh and Balochistan amalgamated into a single State. Self-government within the British Empire, or without the British Empire, the formation of a consolidated North-Western Indian Muslim State appears to me to be the final destiny of the Muslims at least of north-west India. Some people raise an argument in this regard that Allama Iqbal suggested to form a state within British rule but this argument is wrong. The point to be noted is that in 1930 there was no sign and possibility of a Muslim independent state to form, although he knew that a Muslim independent state is the destiny of Muslims but it was beyond comprehension of a common man. Therefore, for the time being, he proposed that there should be a something like a province of Muslims where they can live freely and where a concept of Muslim nation can get stronger. Therefore he further said I, therefore, demand the formation of a consolidated Muslim State in the best interests of India and Islam. If we can read between the lines we can find his proposal for Pakistan to be an Islamic state in the same address, in which he said, for Islam(it will be) an opportunity to rid itself of the stamp that Arabian Imperialism was forced to give it, to mobilize its law, its education, its culture, and to bring them into closer contact with its own original spirit and with the spirit of modern times. Here Allama Iqbal is claiming that if we get a separate land then we can show true teachings of Islam. The point to be noted here is that he referred to Arab Imperialism, i.e., Umayyad and Abbasid Dynasties, which faded away true teachings of Islam and before these dynasties was Khilafat-e-Rashida which was the real Islam. The Abbasid and Umayyad period was not real Islam because this is the period when our great scholars were killed but it was a kingdom ruled by Muslims. Hence, here Allama Iqbal did not mention the word Khilafat-e-Rashida but we know before these dynasties Khilafat was there which was true Islam and thats what he was referring to. There is also a very wise reason why he did not mention the word Khilafat because he wanted a system based on Khilafat conformable with the present time.
In this speech Quaid-e-Azam is stressing upon the need to go back to Hadith and the Quran. An interesting thing to note here is that he is addressing to Muslims who were already practicing Islam in the form of religion i.e., those obligations which are related to personal life of a Muslim only and which has no concern to the collective sphere of life. When Muslims were already practicing their religion in the personal sphere of life then why was he asking Muslims to go back to Hadith and Quran? Obviously he was not referring to personal sphere of life but at the collective and political sphere of life. On 22nd November 1938, Quaid-e-Azam made it clear that the Islam he is talking about is not only limited to personal life of an individual but it encompasses laws for the collective life of the nation and legislation of the state shall be done on the principles of Islam, in other words shariat shall be implemented in Pakistan Islamic code of law with regard to succession is most equitable, most just, most advanced and most progressive. I therefore say that let Muslims at least be governed by it." The same message was repeated by Raja Sahib Muhammad the next day of Lahore Resolution on 24th March 1940, The creation of an Islamic state - mark my words gentlemen - I say Islamic and not Muslim, is our ideal. The state will conform to the laws as laid down in Islam. Obviously Raja Sahib Muhammad could not have said on his own without the agreement with Quaid-e-Azam. Moreover this statement is just one day after the Lahore Resolution so there is no chance of statement given out of his own accord. If the statement had given after few years then we can agree that it does not align with the Lahore Resolution but this statement reflects why Pakistan was demanded. There are two key points in this statement i. ii. Difference between Muslim and Islamic state. To bring the state laws in conformity with Islam.
Here Raja Sahib made a distinction between Muslim state and Islamic state which many people fail to understand. He explicitly stated that the goal of League is not to get a Muslim country only but an Islamic country whose legislation should be done as described by Islam. This is a clear negation of secularism and a clear affirmation of Islamic state.
The speech of Nawab Bahadur Yar Jung the President of the All India States Muslim League is very explicit on this subject. At the conclusion of the Thirty-first Session of All India Muslim League held at Karachi on 26, December 1943, Nawab Bahadur Yar Jung was invited to address the Session by Jinnah who was presiding over the session, The achievement of Pakistan will not be as difficult as its maintenance. Your Quaid-e-Azam has proclaimed more than once that the Muslims have no right to frame the constitution and law of any one of their States. The laws governing the constitution of a Muslim state are definitely laid down in the Holy Quran. There is no denying the fact that we want Pakistan for the establishment of the Quranic system of government". There can be no more clear a statement than saying that Muslims dont have the right to make laws instead they are bounded to establish a system based on Quran and it should be noted that this was the idea of a man who was himself a lawyer and law maker ,i.e., Quaid-e-Azam. Addressing to the students of Islamia College, Peshawar in January 1948 Quaide-Azam said, Our demand for Pakistan is not for a piece of land instead we want to establish a laboratory where we could experience a system based on Islam. The assertion of Islam as a complete code of life was again emphasized in Quaid-e-Azams Eid message in 1945 "Everyone, except those who are ignorant, knows that the Quran is the general code of Muslims. A religious, social, commercial, military, judicial, criminal, penal code; it regulates everything from the ceremonies of religion to those of daily life; from the salvation of the soul to the health of the body; from the rights of all to those of each individual; from morality to crime, from punishment here to that in the life to come, and our Prophet (PBUH) has enjoined on us that every Musalman should possess a copy of the Quran and be his own priest. Therefore Islam is not merely confined to the spiritual tenets and doctrines or rituals and ceremonies. It is a complete code regulating the whole Muslim society, every department of life, collectively and individually. This speech irrefutably establishes that Jinnah did not believe in the separation of religion from statecraft i.e. secularism.
The Quaid in his letter to the Pir Sahib of Manki Sharif in November 1945 clearly stated: "It is needless to emphasize that the Constituent Assembly which would be predominantly Muslim in its composition would be able to enact laws for Muslims, not inconsistent with Shariat laws and the Muslims will no longer be obliged to abide by the un-Islamic laws." Here Quaid used the word Shariat and categorically said that Pakistan will be based on Islamic laws and Shariat. This letter was quoted by Shabbir Ahmed Usmani in March 1949 when Pir Sahib of Manki Sharif was alive. Now we will look at some of the objections raised by secularists that Pakistan was meant to be a secular state.
REFUTATION OF OBJECTIONS:
Some of the most common objections raised on the fact that Pakistan was born to be an Islamic Welfare State, are as follows:
1.
After observing the aforementioned clear and unambiguous statements of Pakistans founding members, it would be extremely unfair to accuse them of hypocrisy and doubt the integrity and sincerity of our leaders particularly of Quaid-e-Azam regarding their intentions about the constitutional system in Pakistan. Furthermore, if one interprets that the speech of 11 August, 1947 to indicate that the Quaid wanted Pakistan to be a secular State, it follows that the Quaid and his associates had been lying for the past thirteen years (1934 to 1947) to the Muslims of British India. Even his sworn detractors acknowledge the truthfulness, moral uprightness,
integrity and honesty of Jinnah. No one can accuse him of hypocrisy and duplicity or using Islam to achieve a political objective.
Moreover, almost after an year of independence, on 1st July 1948, in the opening ceremony of the State Bank Of Pakistan, Quaid-e-Azam once again declared his vision for Pakistan in these words:
The adoption of Western economic theory and practice will not help us in achieving our goal of creating a happy and contended people. We must work our destiny in our own way and present to the world an economic system based on true Islamic concept of equality of manhood and social justice. We will thereby be fulfilling our mission as Muslims and giving to humanity the message of peace which alone can save it and secure the welfare, happiness and prosperity of mankind.
2.
You are free; you are free to go to your temples, you are free to go to your mosques or to any other place of worship in this State of Pakistan. You may belong to any religion or caste or creed that has nothing to do with the business of the State... We are starting with this fundamental principle that we are all citizens and equal citizens of one State... I think we should keep that in front of us as our ideal and you will find that in due course Hindus would cease to be Hindus and Muslims would cease to be Muslims, not in the religious sense, because that is the personal faith of each individual, but in the political sense as citizens of the State.
Actually the above mentioned statement should be interpreted in the context of giving assurance to the minorities that their basic rights will be protected in the proposed constitution of Pakistan. We must not interpret the above single statement without regard to the overwhelming evidence in other numerous speeches and declarations during freedom movement. Hence, a single speech should not be singled out for defining the intent of Quaid-e-Azam.Also The Quaid was worried about reaction in Pakistan to the bombing in the evening of 9 August of the special train carrying Pakistani government servants and the rapidly deteriorating conditions in East Punjab and its repercussions in West Punjab. These were the factors weighing heavy on his mind when he arrived at the Constituent Assembly to deliver the speech in the morning of 11 August, 1947. Jinnah's objective in this speech was to assure the minorities that they would be equal citizens and that there would be no discrimination on the basis of colour, caste, creed or religion. In the same speech he said,
You are free; you are free to go to your temples, you are free to go to your mosques or any other place of worship in this State of Pakistan. You may belong to any religion or caste or creed - that has nothing to do with the business of the State. As you know history shows that in England conditions some time ago were much worse than those prevailing in India today. The Roman Catholics and Protestants persecuted each other. Today you might say with justice that Roman Catholics and Protestants do not exist; what exists now is that every man is a citizen, an equal citizen, of Great Britain and they are all members of the Nation. 'Now, I think we should keep that in front of us as our ideal and you will find that in course of time Hindus would cease to be Hindus and Muslims would cease to be Muslims, not in the religious sense, because that is the personal faith of each individual, but in the political sense as citizens of the State."
Now this is the statement in the right context. Because Hindus feared that they will be persecuted by Muslims (because Muslims were persecuted in India) therefore Quaid-e-Azam referred to Catholics and Protestants, who
were bitter enemy of each other, to assure the minorities that no injustice will be done with them. Also he said that whatever religion one follows has nothing to do with state, it means that everyone will have total freedom to practice their religion in which state cant interfere only the laws at state level will be Islamic which does not curtail personal freedom.
To put the matter in the coffin here is the extract from 25th January 1948 addressing to the Karachi Bar Association he said,
"Why this feeling of nervousness that the future constitution of Pakistan is going to be in conflict with the Shariat Law. There are people who want to create mischief and make the propaganda that we will scrap the Shariat Law.
Here quaid-e-Azam clearly used the word shariat and this speech is newer than 11th August 1947.
3.
5. MINORITY RIGHTS
This issue concerns the status of non-Muslims in an Islamic State. In this regard it should be clear that Non-Muslims will have the same rights as the Muslims concerning the protection of their lives, property, and honor; they will be allowed to propagate their religion (but only within their own communities); they will be able to compete at par with Muslims in the job market; the Islamic State will be responsible for safeguarding their places of worship. Their places of worship will be as sacred in the eyes of state as the Muslims mosques. Despite these rights, however, there are certain matters in which non-Muslims are not treated at par with Muslims. In an Islamic State, non-Muslims cannot take part in the highest level of policy making, neither can they participate in the process of legislation. The topmost priority of an Islamic State, whenever it is established, will be to extend the Islamic Order to other countries. Since non-Muslims do not share this vision with Muslims, they cannot be entrusted to devise, plan,
and execute this policy. Similarly, the legislation in an Islamic State will have to be done within the framework of the Quran and Sunnah, and those who believe neither in the Quran nor in the Sunnah cannot be entrusted to make such laws.
CONCLUSION
From above arguments and statements it is clear that Quaid did not want to make a secular Pakistan but an Islamic Pakistan based on Shariat. Now it is our responsibility to transform Pakistan for what it was achieved and this can be done first of all by being sincere to ourselves and then make the following necessary amendments in the constitution. In this way we will not only fulfill Allama Iqbals and Quaids dream but also fulfill promise to Allah that we will establish HIS DEEN if we get independent state.
Whereas Islam has been declared to be the State Religion of Pakistan and it is obligatory for all Muslims to regulate and order their lives in accordance with the injunctions of the Holy Quran and Sunnah. And Whereas in order to achieve the aforesaid objective and goal, it is expedient further to amend the Constitution of Islamic Republic of Pakistan, 1973 (hereinafter referred to as the Constitution). Now therefore, it is hereby enacted as following:1. Short Title and Commencement:(1) This act may be called the Constitution (Eighteenth Amendment) Act, 2005. (2) It shall come into force at once. 2. Addition of the following words in Article 2-A:It will take precedence over all the provisions of the CONSTITUTION.
3. Addition of New Article 2B in the Constitution:After Article 2A, the following new Article 2B shall be added in the Constitution, namely:2(B) (1) All existing laws shall be brought in conformity with the injunctions of Islam as laid down in the Holy Quran and Sunnah and no Law shall be enacted which is repugnant to such injunctions. (2) Nothing contained in any Article of the Constitution shall affect the personal law, religious freedom and customs of non-Muslims. (3) The provisions of this Article shall have effect and shall be operative and self executory. 4. Article 227 of the Constitution with Explanation and clauses (2) and (3) shall be omitted. 5. Amendment of Article 203-B:- In the Constitution in clause C of the Article 203-B, after the words force of law all the words up to the last word and shall be substituted by the following, namely:shall include the Constitution, Muslim personal law and also any law relating to the procedure of any court or tribunal and any fiscal law or any law relating to the levy and collection of taxes and fee or banking insurance practice and procedure. 6. Amendment of Article 203-C:- In the Constitution after clause (3A) of Article 203-C, the following clause (3B) shall be added, namely.(3B) The Ulema judges shall be entitled to the same remuneration, allowances pension and privileges as are admissible to a permanent judge of a High Court. 7. Amendments of Article 203-F :Amendment No. 1 :- In the Constitution, in Article 203-F, sub-clause (b) of clause (3) shall be substituted by the following, namely :Two Ulema shall be appointed by the President as permanent Judges of the Supreme Court from amongst the Ulema judges of the Federal Shariah Court or from out of panel of Ulema to be drawn up by the President in consultation with the Chief Justice. The Ulema judges shall be entitled to the 19 same remuneration, allowances pension and privileges as are admissible to a judge of the Supreme Court.
Amendment No. 2:- In the Constitution, in Article 203-F sub-clause (4) and subclause (6) shall be omitted. 8. In the Constitution Article 230 and Article 231 shall be omitted.
Thus by making the following amendments we can not only fulfill our promise to Allah but also will fulfill the dream of our founders and the meaning of getting Pakistan. May Allah guide us, and enable us to fulfill this uncompleted task so that He may give us the rulers of this earth ( as promised by Allah in Surah Noor ayah:55) ameen!
Allah has promised to those among you who believe and work righteous deeds that He will of a surety grant them in the land inheritance (of power) as He granted it to those before them; that He will establish in authority their religion the one which He has chosen for them; and that He will change (their state) after the fear in which they (lived) to one of security and peace: `They will worship Me (alone) and not associate aught with Me.' If any do reject faith after this they are rebellious and wicked. (al-noor ayah:55)