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    Thursday, 24 July 2014

    ISLAMIC PROVISION OF CONSTITUTION OF 1973

    1. INTRODUCTION:

    Constitution of 1973 is more Islamic in character than the previous two constitutions of Pakistan. In this present constitution, emphasis was made to establish a real Islamic system in all aspects of social life. To achieve this objective, more Islamic provisions have been laid down in constitution of 1973 because no law can be made against the Islamic provisions. This constitution has set up Islamic advisory council to recommend ways and means to bring existing laws of the country in conformity with Islamic principles. 

    2. ISLAMISATION OF EXISTING LAWS: 

    The present constitution declares that all existing laws shall be brought in conformity with the injunctions of Islam as laid down in the holy Quran and Sunnah. 

    3. SPECIAL INSTITUTION OF ISLAMISATION: 

    Two special institutions for Islamisation under the constitution have been established:- (i) Federal Shariat court. (ii) Islamic Ideology council. Case law (P.L.D 1989 SC 613) It was held, legislature has no authority to enact a law in any field including those relating to taxes which is repugnant to the injunction of Islam and no other functionary including tax authorities has power to lay down any un Islamic rule.

    4. ISLAMIC PROVISION OF CONSTITUTION 1973: 

    Following are the some of Islamic provisions made in the constitution meant to enable the Muslim to order their lives according to the teaching of Islam as set out on the Holy Quran and Sunnah. 

    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 PROVIOSN OF ISLAIMC TEACHING: 
    The government will take all possible steps to promote education of Islamiayt and the Holy Quran. 

    4.9 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.

    4.10 LEARNING OF ARABIC LANGUAGE:
    It is also declared in the constitution that special facilities shall be provided for the learning of Arabic languages.

    4.11 PROTECTION OF ISLAMIC VALUES; 
    It is also stated in the constitution that Islamic values shall be protected in the country. 

    4.12 PROTECTION OF MINORTIES:
    The State might protect the real rights and interest of minorities.

    4.13 STRENGTHENING BONDS WITH MUSLIM WORLD: 
    The State should attempt to protect and fortify  fraternal relations among Muslim countries based on Islamic unity.

    4.14 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. 

    4.15 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.

    4.16 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. 

    4.17 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.

    4.18 WELFARE STATE:
    In the constitution of 1973 the concept of a welfare state has been adopted. 

    5. 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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    Item Reviewed: ISLAMIC PROVISION OF CONSTITUTION OF 1973 Rating: 5 Reviewed By: Usman Ali
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