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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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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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.