Shahidullah has no knowledge; Bilawal ignores the reality

ISLAMABAD: The 1973 Constitution of Pakistan is Islamic but a mere showpiece as the most crucial of its Islamic provisions are either violated or partially implemented. The debate generated by the statement of TPP spokesman Shahid Shahidullah and an immediate rejoinder from the PPP’s patron-in-chief Bilawal Bhutto shows the former having no knowledge of what the Constitution envisages while the latter smartly ignores the reality that many of the Islamic provisions are never enforced but persistently violated. The Article 1 of the Constitution names the country “Islamic Republic of Pakistan” and Article 2 declares Islam as the State religion of Pakistan.The Article 2A of the Constitution makes the Objectives Resolution, which is also the preamble of this document, substantive part of the Constitution. The Objectives Resolution, while declaring that the sovereignty over the entire universe belongs to Allah alone, pledges that Muslims shall be enabled to order their lives in the individual and collective spheres in accordance with the teachings and requirement of Islam as set out in the Holy Quran and Sunnah. The Article 31, which deals with “Principles of Policy”, provides for Islamic ways of life. It says: 1) Steps shall be taken to enable the Muslims of Pakistan, individually and collectively, to order their lives in accordance with the fundamental principles and basic concepts of Islam and to provide facilities whereby they may be enabled to understand the meaning of life according to the Holy Quran and Sunnah. 2) The state shall endeavour, as respects the Muslims of Pakistan :- a) to make the teaching of the Holy Quran and Islamiat compulsory, to encourage and facilitate the learning of Arabic language and to secure correct and exact printing and publishing of the Holy Quran; b) to promote unity and the observance of the Islamic moral standards; and c) to secure the proper organisation of Zakat, Usher, Auqaf and mosques. The Article 37(g) promises that the State shall take necessary steps for prosecution of social justice and eradication of social evils and shall prevent prostitution, gambling and taking of injurious drugs, printing, publication, circulation and display of obscene literature and advertisements. The Article 37(h) says that the State shall prevent the consumption of alcoholic liquor otherwise than for medicinal and, in the case of non-Muslims, religious purposes. The Article 38(e) pledges that riba/interest shall be eliminated as early as possible. The Article 41(2) makes it mandatory that the President of Pakistan has to be a Muslim. The Article 62, which provides for qualifications for Muslim member of the Senate, National Assembly and provincial assemblies envisages: “62 (d) he is of good character and is not commonly known as one who violates Islamic injunctions; e) he has adequate knowledge of Islamic teachings and practices obligatory duties prescribed by Islam as well as abstains from major sins; f) he is sagacious, righteous and non-profligate, honest and ameen, there being no declaration to the contrary by a court of law; he has not, after the establishment of Pakistan, worked against the integrity of the country or opposed the ideology of Pakistan.” The Article 91(3) envisages that the prime minister has to be a Muslim member of the National Assembly. The Article 203(3) provides for constitution of the Federal Shariat Court. The Article 227 assures that all existing laws shall be brought in conformity with the injunctions of Islam as laid down in the Holy Quran and Sunnah. It also says that no law shall be enacted which is repugnant to such injunctions. The Article 228 provides for the setting up of Council of Islamic Ideology, which has been assigned the fundamental job of recommending changes in all laws to make them Islamic. The CII is also assigned to recommend to parliament the ways and means of enabling and encouraging the Muslims of Pakistan to order their lives individually and collectively in all respects in accordance with the principles and concept of Islam as enunciated in the Holy Quran and Sunnah. The Article 260(3)(a)defines Muslim as the one who believes in the unity of oneness of Almighty Allah, in the absolute and unqualified finality of the Prophethood of Muhammad (PBUH), the last of the Prophets, and does not believe in, or recognise as a prophet or religious reformer, any person who claimed or claims to be prophet, in any sense of the work or of any description whatsoever, after Muhammad (PBUH). The Article 260(b) declares Quadianis group or the Lahori group or those who call themselves “Ahmadis” or by any other name as “non-Muslim”. Oath of the President and Prime Minister as given in the Third Schedule of the Constitution make them to pledge that they are Muslims and believe in the Unity and Oneness of Almighty Allah, the Books of Allah, the Holy Quran being the last of them, the Prophethood of Muhammad (PBUH) as the last of the Prophets and that there can be no Prophet after him, the Day of Judgement, and all the requirements and teaching of the Holy Quran and Sunnah. For federal ministers, ministers of states, members of parliament, chairman and deputy chairman Senate, speaker and deputy speaker, governors, chief minister and provincial cabinet members, including non-Muslims, it is mandatory to pledge under oath that they will strive to preserve the Islamic Ideology, which is the basis for the creation of Pakistan. It also promises to strengthen the bond with the Muslim world in order to promote Islamic unity. The Constitution also promises that adequate provisions shall be made for the minorities to profess and practice their religions and develop their cultures.