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Week 2 ODL

The document summarizes key Islamic clauses in the Constitution of Pakistan 1973. It declares Pakistan an Islamic republic and Islam as the state religion. It requires the president and prime minister to be Muslim. It also establishes principles like sovereignty belonging to Allah, following Islamic principles of democracy and justice, and protecting Islamic values and minorities. The constitution aims to bring existing laws and the banking system in line with Islamic injunctions through bodies like the Islamic Ideology Council.

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0% found this document useful (0 votes)
42 views17 pages

Week 2 ODL

The document summarizes key Islamic clauses in the Constitution of Pakistan 1973. It declares Pakistan an Islamic republic and Islam as the state religion. It requires the president and prime minister to be Muslim. It also establishes principles like sovereignty belonging to Allah, following Islamic principles of democracy and justice, and protecting Islamic values and minorities. The constitution aims to bring existing laws and the banking system in line with Islamic injunctions through bodies like the Islamic Ideology Council.

Uploaded by

Muhammad Ali
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Week 2 ODL

ISLAMIC CLAUSES OF THE CONSTITUTION 1973


Introduction to constitution 1973

 The constitution of Pakistan 1973 was enforced on 14th Aug 1973.


It consists of 280 articles and 7 schedules with Objective
Resolution forming the preamble of the constitution beside 20
amendments which have been made since then. It is regarded
as the landmark accomplishment of Bhutto’s era as it was a
unanimous act of the parliament with complete consensus of all
the political parties.
However, many twists and turns have been witnessed ever since its
enforcement but still it is the supreme law of land and the
sacrosanct instrument which reigns supreme in governance of the
state.
Introduction

 The constitution declared Pakistan an Islamic republic laying


down condition for head of state and head of the
government to be Muslims. However, 8th amendment has
made the Objective Resolution a substantial part of the
constitution by incorporating it as article 2A according to
which all laws made in Pakistan should be in accordance
with the injunctions of Quran and Sunnah. Its Islamic
character is further reinforced by accepting the sovereignty
of Almighty Allah, Islam to be the state religion and by
promising the
Muslims to enable them to order their lives in accordance with
the fundamental principles of Islam. It also provides a long list of
fundamental rights as well directive principles of state policy.
Besides, the constitution envisages a federation of Pakistan
and affords a parliamentary form of government leaving
president with only ceremonious functions. The federal
legislature is bicameral i.e. senate the upper house and
national assembly the lower house.
 Moreover, the constitution provides an independent
judiciary, provincial autonomy to the federating units, a
council of common interests, a council of Islamic ideology
etc.
4-Islamic provisions

 4.1 SOVEREIGNTY OF ALLAH:


 Main salient feature of constitution of Pakistan is that it
presents an important principle that sovereignty belongs
to Allah alone. Who has already legislated through the
Holy Quran as interpreted in the Sunnah. He has
delegated it to state of Pakistan through its people. But it
should be exercised within those limits. Which have been
prescribed by him, and it should e exercised as a sacred
trust.

 4.2 NAME OF SATE:
 Constitution of 1973 has declared Pakistan as Islamic
federal state to be known as Islamic republic of Pakistan.
This provision clearly enunciates that the nature of 1973
constitution is Islamic.
 4.3 STATE RELIGION:

 According to the constitution of Pakistan, Islam shall be


the state religion of Pakistan.

 4.4 OBSERVANCE OF ISLAMIC PRINCIPLE:


 It is stated in the preamble of the constitution that
principles of democracy, opportunity, equity, tolerance
and social justice, as articulated by Islam, might be
completely watched.

 4.5 PRESIDENT AND PRIME MINISTER TO BE MUSLIM:
 It was made compulsory for the president and prime
minister to be a Muslim by faith and belief and to profess
faith in the finality of prophet hood.
4.6 DEFINITON OF MUSLIM:
• Clear definition of Muslim is laid down in the
constitution. According to
this constitution, it is necessary, besides having belief on
oneness of Allah, prophet hood, Day of Judgment and
books of God, to prefer the finality of prophet hood. This
clause was not included in earlier
two constitutions.
• 4.7 ISLAMIC WAY OF LIFE:
• It is also declared in the constitution that State shall
enable the Muslim of Pakistan, independently and on the
whole, to order their lives in accordance with the
fundamental principles and basic concept of Islam.
 4.8 CORRECT AND EXACT PRINTING AND PUBLISHING OF HOLY
QURAN:
 The state shall be responsible to secure correct and exact
printing and publishing of the Holy Quran.

 4.9 LEARNING OF ARABIC LANGUAGE:


 It is also declared in the constitution that special facilities shall
be provided for the learning of Arabic languages.
 4.10 PROTECTION OF ISLAMIC VALUES;
 It is also stated in the constitution that Islamic values shall
be protected in the country.

 4.11 PROTECTION OF MINORTIES:


 The State might protect the real rights and interest of
minorities.
 4.12 STRENGTHENING BONDS WITH MUSLIM WORLD:
 The State should attempt to protect and fortify fraternal
relations among Muslim countries based on Islamic
unity.

4.13 PROPER ORGANIZATION OF ZAKAT, AUQAF AND


MASJID:
 The state shall Endeavour, as respects the Muslim of Pakistan
secure the proper organization of zakat, Auqaf and Masjid.

 4.14 EXISTING LAW SHALL BE BROUGHT INTO CONFORMITY


WITH ISLAM:
 An important Islamic provisions declared that no law shall be
enacted which is repugnant to the injunctions of Islam as laid
down in the holy Quran and the Sunnah and that existing
laws shall be brought into conformity within injunction of
Islam as laid down in the holy Quran and Sunnah.

 4.15 ISLAIMC IDEOLOGY COUNCIL:
 Islamic ideology council will be set up to make
recommendation to parliament and the provincial
assemblies for bringing the existing laws into conformity
with the injunctions of Islam and as to the stages by which
such measures should be brought into effect.
 4.16 INTEREST FREE BANKING:
 It was emphasized in the constitution that all steps will be
taken to introduce interest free banking system in the
country in the light of Islam.

 4.17 WELFARE STATE:


 In the constitution of 1973 the concept of a welfare state has
been adopted.
 CONCLUSION:
 To conclude I can say that: the constitution of 1973 of
Islamic republic of Pakistan contains a number of
Islamic procurements. no law which is repulsive to the
fundamental standards of Islam could be legitimate.
constitution says that state might empower the
Muslims of Pakistan to order their lives individual and
collectively in accordance with the principles and
concept of Islam.

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