The Dream of Pakistan an Islamic State or a Secular Democracy

8/4/2019 The Dream of Pakistan an Islamic State or a Secular Democracy

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PREPARED BY:Waqar ul Hasan E-75Muhammad Khurram Ahmed El-095Faizan Hadi El-303


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CONTENTS

Why this topic is chosen?

Basic terminologies.

Brief background.

Vision of Pakistan in the light of statements ofAllama Iqbal and Quaid-e-Azam

Allegations on Quaid-e-Azam and Pakistansideology and their refutation

Proposed amendments in the constitution to fulfillvision of Pakistan.


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WHY THIS TOPIC?

Pakistan got independence in the name of Islam and it is the first ideologicalstate in the modern history. We presented ourselves as a separate nation fromHindus on the basis of religion. But even after 64 years of independence, there isa serious debate whether Pakistan was meant to be a secular state or an Islamicstate. It was quite obvious that Pakistan was meant to be an Islamic state andthat is what our ideology is. But due to conspiracy from secular section of oursociety, this ideology has been put under suspicion. So our aim is to unearth thereality and put this propaganda in the coffin once and for all.

BASIC TEMRMINOLOGIESBefore begin with our topic it is appropriate to define few terminologies which arethe essence of our topic.

ISLAMIC WELFARE STATE

It refers to a state which provides protection of economic and social well-being ofa citizen on the golden principles set by Islam. Where there is adequateopportunity for everyone to excel, more than justified distribution of wealth and toenable those who lag behind in race of life to lead a prosperous life.

There is a difference between Islamic welfare state and other welfare state.Islam, as universal religion of humanity, believes in the well-being of mankind inthis world as well as in the next world. It aims at material as well as the spiritualwelfare of its followers. The primary objective of an Islamic state is, therefore, toestablish an ideal society based on justice, equity and virtue. For instance, theIslamic state not only establishes the system of Allahs worship (i.e., Salat orPrayer) but also establishes system of Zakat. Thus, both the spiritual andmaterial well-being of the individuals is aimed at by the Islamic state.

In other words, the Islamic state is a welfare state which performs a number of

functions, in addition to the traditional functions of a state, for the socio-economic welfare of its citizens in this world and for their religio-spiritual welfarein the Hereafter. Its functions aimed at material welfare of its people includeprovision of basic necessities of life for all, ensuring of a comprehensive socialsecurity system, establishment of social justice, etc., whereas its functions forthe spiritual well-being of its people include establishment of Islamic system oflife for the Muslims and full religious freedom for the non-Muslims.


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FEATURES OF ISLAMIC WELFARE STATE

The prominent features of an Islamic Welfare State or a Caliphate System are asfollows:

1. Unconditional superiority, without any exception, is given to Quran and

Sunnah over the system as well as the law.

2. Negation of Mixed Nationality, as a result of which only Muslims will takepartin the process of legislation. Though every adult Muslim male and female

wouldhave the right of vote for the legislative assembly, only a Muslim, whosecharacter is above board, will be able to participate in the elections as acandidate. As for the non-Muslims, full responsibility will be accepted

regardingprotection of their life and property as well as respect and honour. In

additionthey will be guaranteed complete freedom in their personal laws as well asreligious rites and rituals.

3. Muslims of the entire country will elect the Caliph by direct franchise. TheCaliph will not have to depend on the majority of the legislative assemblyor the Maulis-e-Shoora.

4. Cleansing the economy by complete elimination of interest and gambling.

5. Implementation of Zakat in full, i.e., collection of two and a half percent on

the aggregate value of the total merchandise and savings from all theMuslims. This ensures the complete structure of social security andguarantees the basic necessities like food clothing and shelter, pluseducation and Medicaid for every citizen. The non Muslims will paycorresponding taxes.(jiziah)

6. Complete legal equality for all. The Caliph of the Muslims and anyone elseincluding the members of Majlis-e-Shoora would not haveany legal immunity or any privileges. However in order to take effectivemeasures against evil mongers mischief and slander, harsh penal laws on

thelines of penalty for defamation would be promulgated.

7. Implementation of harsh penal laws for abolition of liquor, narcotics andotherintoxicants.


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8. Free intermixing of the sexes will be prohibited and in principle separateareas ofactivity will be determined for men and women.

SECULAR DEMOCRACY

Secularism is a system of government in which there is no intervention of divineguidance in the legislature or state affairs. Hence, secular democracy means asystem of government in which legislature of state affairs can be carried out withthe opinion of elected representative of people which is not under any influenceof divine guidance. For example, if a consensus is made on the legitimacy oftrade 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 willdefinitely 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 existbefore struggle for independence and demand for an Islamic state was notsomething new as it was the voice of hearts of Muslims which was raised by ourfounders and that is the reason why Muslims gathered behind Muslim League.

ISLAMIC SENTIMENTS BEFORE STRUGGLE FORINDEPENDENCE

The political history of Muslims is quite different from political history of othernations. Muslims always had a leader known as KHALIFAwho was supposedto be the representative of all Muslims of the world. All Muslim states weresupposed to obey him and he was responsible to establish Islam. He wasconsidered as a symbol of unity amongst Muslims. This concept prevailed rightfrom the Caliphate of our four great caliphs: Hazrat Abu Bakr Siddique (r.a),Hazrat Umar (r.a), Hazrat Uthman (r.a) and Hazrat Ali (r.a). After those four great


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caliphs there were Abbasid and Umayyad Caliphate. Although they were not trueCaliphate but there was some Islamic character in it. Therefore Muslims havealways lived by a caliphate under which all Muslim states operated and hencethey were considered as Islamic states (although they were not true Islamicstates). 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 Caliphatewas in Turkey. In its last year it was very weak and it had very little influence overMuslim states as most of the Muslim states were colonized but it was still asymbol of an Islamic State. When it was ended in 1922, Khilafat Movementwaslaunched in sub-continent for the restoration of caliphate. The question is Whythe Muslims of subcontinent struggled for caliphate which was in Turkey?What was their relation to such Caliphate which had very little power anddid not belonged to their country?This clearly shows that sentiments for anIslamic 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 thatwas to make Pakistan an Islamic welfare state as Ottoman Caliphate was ended.

LOGICAL REASONS FOR PAKISTAN BEING ANISLAMIC STATE

Many secular people argue that there is no unequivocal statement of Quaid-e-Azam in which he claimed that Pakistan should be an Islamic state, however,they are wrong as we will prove later on, even for the sake of argument if we

agree with them then there are few logical reasons that are sufficient to provethat Pakistan was meant to be an Islamic state.

In India, Muslims of Muslim minority provinces caste their vote in favor of MuslimLeague. Although they know perfectly well that their areas cannot form anindependent sovereign state but still they sided with Muslim League. Now thereis one thing to ponder upon,

If Pakistan was meant to be an ordinary independent state and Quaid-e-Azam only wanted to secure a land for Muslims then people of minorityprovince should not had caste vote in favor of Muslim League.

Second point to note is that Pakistan consists of areas which are culturallydifferent from each other. There is nothing common which bind us. There hasnever been a state in which one of its parts is thousands of miles away. IfPakistan was not meant to be an Islamic state then there is no logic to forma country, by laying down so many sacrifices, in which people havenothing in common that binds them.


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During freedom movement there was a very popular slogan Pakistan ka matlabkya la ilaha illallah. If Pakistan was not meant to be an Islamic state then whythe meaning of Pakistan was described as Sovereignty belongs to AlmightyAllah?

DIVINE WILL OF ALLAH IN CREATION OF PAKISTAN

The creation of Pakistan was divine will of Allah otherwise Pakistan could nothave come into being by any means. First of all, many scholars like Maulana

Abul Kalam Azad was against creation of Pakistan and was a supporter of Indiannationalism. At the time of creation of Pakistan labour party was in power inEngland which was a supporter of united India. Prime minister Lord Tele ofEngland ,at that time, was envious of Quaid-e-Azam and Lord Mountbatten hadclose relations with Gandhi. Despite of all the odds, Pakistan came into beingwhich was not less than any miracle.

The most convincing development which proves the miraculous creation ofPakistan is Cabinet Mission Plan. According to the Plan, India was to getindependence but as United India. There shall be a federal government but therewill be three zones and after 10 years if any of the zone wishes to be separated

than it should have the right to do so. Quaid-e-Azam did accept that planbecause he feared that if they dont accept the plan then British will transferthe powers to Hindus unilaterally. By accepting this plan there would be atleast a possibility of Pakistan after 10 years. This is where the divineintervention came and Nehru said that once the British are gone then we will notlet any one to be separated. This is true because after 64 years we are unable toget an inch of Kashmir from them then how could we ever be separated as azone just after 10 years. Because of the statement Quaid-e-Azam rejected theplan. Had Nehru not given that statement, there would be no state of Pakistan onthe world globe.


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VISION OF PAKISTAN IN THE

LIGHT OF STATEMENTS OF OURFOUNDERS

It is clear now in the light of above document that those sentiments forestablishing an Islamic state did exist before struggle for Pakistan. We discussedlogical reasons for Pakistan being an Islamic state and some interesting eventswhich prove that Pakistan was divine gift of Allah to the Muslims, therefore, it

should be an Islamic country even if the founders of Pakistan did not want this,Now we shall take a look what our founders have to say about Pakistan.

IN THE LIGHT OF STATEMENTS OF ALLAMA IQBAL

Allama Iqbal was the main architect of the ideology of Pakistan and the purposeof creation of Pakistan cannot be understood without his statements. Quaid-e-Azam himself accepted him as his spiritual guide. On 22nd April 1938 addressingto the Muslims of Calcutta, Quaid-e-Azam said,

To me he was a personal friend, philosopher and guide and as such themain source of my inspiration and spiritual support.

The effort of Muslim League for securing separate land for Muslims started from1930 Allahabad address of Allama Iqbal (when he joined Muslim League and hispolitical career started) because before 1930 Muslim Leagues effort was focusedonly to safeguard rights of Muslims and we dont find any instance before 1930 inwhich Muslim League showed any intention for a separate land for Muslims.Hence, 1930 address is the most important document for understanding MuslimLeagues vision of Pakistan and also of Allama Iqbal since he died only after 8

years. In the address he said that Islam and state are not separate things butthey are one but different face of same coin. He expressed his feelings in thefollowing words

Islam does not bifurcate the unity of man into an irreconcilable duality ofspirit and matter. In Islam God and the universe, spirit and matter, Church

and State, are organic to each other.


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This document is also important because he not only made a suggestion inregard to form a Muslim state but also gave prophecy for it.

I would like to see the Punjab, the North-West Frontier Province, Sindh andBalochistan amalgamated into a single State. Self-government within the

British Empire, or without the British Empire, the formation of aconsolidated North-Western Indian Muslim State appears to me to be thefinal destiny of the Muslims at least of north-west India.

Some people raise an argument in this regard that Allama Iqbal suggested toform a state within British rule but this argument is wrong. The point to be notedis that in 1930 there was no sign and possibility of a Muslim independent state toform, although he knew that a Muslim independent state is the destiny ofMuslims but it was beyond comprehension of a common man. Therefore, for thetime 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 getstronger. Therefore he further said

I, therefore, demand the formation of a consolidated Muslim State in thebest interests of India and Islam.

If we can read between the lines we can find his proposal for Pakistan to be anIslamic state in the same address, in which he said,

for Islam(it will be) an opportunity to rid itself of the stamp that ArabianImperialism was forced to give it, to mobilize its law, its education, its

culture, and to bring them into closer contact with its own original spiritand with the spirit of modern times.

Here Allama Iqbal is claiming that if we get a separate land then we can showtrue teachings of Islam. The point to be noted here is that he referred to ArabImperialism, i.e., Umayyad and Abbasid Dynasties, which faded away trueteachings of Islam and before these dynasties was Khilafat-e-Rashida whichwas the real Islam. The Abbasid and Umayyad period was not real Islambecause this is the period when our great scholars were killed but it was akingdom ruled by Muslims. Hence, here Allama Iqbal did not mention the wordKhilafat-e-Rashida but we know before these dynasties Khilafat was therewhich was true Islam and thats what he was referring to. There is also a verywise reason why he did not mention the word Khilafat because he wanted asystem based on Khilafat conformable with the present time.


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IN THE LIGHT OF STATEMENTS OF QUAID-E-AZAM

Quaid-e-Azam was a great ambassador of Hindu-Muslim unity but he went intovoluntary exile in England in 1930 due to stubborn behaviour of Hindus. Heremarked

Hindus are incorrigible

But he was persuaded by Allama Iqbal to come to India and lead the Muslims.Therefore from 1935 onwards we find a new Jinnah who had become Quaid-e-Azam and in whom Islamic spirit was injected by Allama Iqbal. Now we will lookat the statements of Quaid-e-Azam to find out the ideology of Pakistan as definedby him.

While addressing a mammoth gathering at Gaya railway station on 11 January

1938 he said,

Today is this huge gathering you have honored me by entrusting the dutyto unfurl the flag of the Muslim League, the flag of Islam, for you can notseparate the Muslim League from Islam. Many people misunderstand uswhen we talk of Islam particularly our Hindu friends. When we say This

flag is the flag of Islam they think we are introducing religion into politics-a fact of which we are proud. Islam gives us a completer code. It is not only

religion but it contains laws, philosophy and politics. In fact, it containseverything that matters to a man from morning to night. When we talk of

Islam we take it as an all-embracing word. We do not mean any ill will. Thefoundation of our Islamic code is that we stand for liberty, equality and

fraternity.

In this speech Quaid-e-Azam made it clear that Muslim League had no existencewithout Islam and he made it clear that politics and religion cannot be separated.It clearly shows that he was aiming for a country whose politics will be guided byIslam and hence Pakistan should be an Islamic state.

On 6th March 1946 he said,

Let us go back to our holy book the Quran; let us revert to the Hadith andthe great traditions of Islam, which have every thing in them for our

guidance if we correct interpret them and follow our great holy book theQuran.


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In this speech Quaid-e-Azam is stressing upon the need to go back to Hadith andthe Quran. An interesting thing to note here is that he is addressing to Muslimswho were already practicing Islam in the form of religion i.e., those obligationswhich 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 theirreligion in the personal sphere of life then why was he asking Muslims togo back to Hadith and Quran?Obviously he was not referring to personalsphere 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 talkingabout is not only limited to personal life of an individual but it encompasses lawsfor the collective life of the nation and legislation of the state shall be done on theprinciples 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 ofLahore 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 laiddown in Islam.

Obviously Raja Sahib Muhammad could not have said on his own without theagreement with Quaid-e-Azam. Moreover this statement is just one day after theLahore Resolution so there is no chance of statement given out of his ownaccord. If the statement had given after few years then we can agree that it doesnot align with the Lahore Resolution but this statement reflects why Pakistan wasdemanded. There are two key points in this statement

i. Difference between Muslim and Islamic state.ii. To bring the state laws in conformity with Islam.

Here Raja Sahib made a distinction between Muslim state and Islamic statewhich many people fail to understand. He explicitly stated that the goal of Leagueis not to get a Muslim country only but an Islamic country whose legislationshould be done as described by Islam. This is a clear negation of secularism anda clear affirmation of Islamic state.


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The speech of Nawab Bahadur Yar Jung the President of the All India StatesMuslim League is very explicit on this subject. At the conclusion of the Thirty-firstSession 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 waspresiding 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 haveno 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 downin 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 onQuran and it should be noted that this was the idea of a man who was himself alawyer and law maker ,i.e., Quaid-e-Azam.

Addressing to the students of Islamia College, Peshawar in January 1948 Quaid-e-Azam said,

Our demand for Pakistan is not for a piece of land instead we want toestablish a laboratory where we could experience a system based on

Islam.

The assertion of Islam as a complete code of life was again emphasized inQuaid-e-Azams Eid message in 1945

"Everyone, except those who are ignorant, knows that the Quran is thegeneral code of Muslims. A religious, social, commercial, military, judicial,

criminal, penal code; it regulates everything from the ceremonies ofreligion to those of daily life; from the salvation of the soul to the health ofthe 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 wholeMuslim society, every department of life, collectively and individually.

This speech irrefutably establishes that Jinnah did not believe in the separationof religion from statecraft i.e. secularism.


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The Quaid in his letter to the Pir Sahib of Manki Sharif in November 1945 clearlystated:

"It is needless to emphasize that the Constituent Assembly which would

be predominantly Muslim in its composition would be able to enact lawsfor Muslims, not inconsistent with Shariat laws and the Muslims will nolonger be obliged to abide by the un-Islamic laws."

Here Quaid used the word Shariat and categorically said that Pakistan will bebased on Islamic laws and Shariat.

This letter was quoted by Shabbir Ahmed Usmani in March 1949 when Pir Sahibof Manki Sharif was alive.

Now we will look at some of the objections raised by secularists that Pakistanwas meant to be a secular state.

REFUTATION OF OBJECTIONS:Some of the most common objections raised on the fact that Pakistan was bornto be an Islamic Welfare State, are as follows:

1. SLOGAN OF ISLAM WAS USED POLITICALLYThe objection raised is that the name of Islam was used only as a slogan

by Quaid-e-Azam Muhammad Ali Jinnah and other leaders in order to

motivate the Muslim masses and gain political benefit.

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,


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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 1

st

July 1948, in theopening 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. QUAID-E-AZAMS STATEMENT OF 11TH AUGUST

1947

The oft-quoted statement of Quaid-e-Azam which he gave in an addressto the Constituent Assembly, delivered on August 11, 1947 is most often

considered by the secular community as an endorsement of their point of

view. The statement is given below.

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.


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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


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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 25 th 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. CONTEMPORARY RESEARCH IN GOVERNING

METHODSAnother objection which, in fact, is a misconception, is that if we adopt the

system of government laid down by the Quran and Sunnah 1400 years

ago, we cannot take advantage from the contemporary research in the

field of government and political sciences.

In contrast to the above mentioned viewpoint, Islam does not put a bar onprogressive evolution of the socio-economic and political systems as longas the boundaries defined in the Quran and Sunnah are not transgressed.In fact, Islam does not define its complete system in all its finer details.

Rather it provides broad guidelines and boundaries for legislation. Withinthose boundaries, every community of Muslims is free to chalk out its owncourse of action and its own governmental framework.

Hence, we should be open to consider and evaluate every contemporary

thought or proposal in the light of basic tenets of Islam and if found not


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repugnant to them, it can be implemented, if approved by the majority of

legislators.

4. DIVERSE SCHOOLS OF THOUGHTA very important issue that is often presented as a great obstacle in the

practical implementation of Shariah is regarding the numerous sect or

schools of thought among the Muslims. The question is, in view of the

diversity of sects prevailing among the Muslims, which school of thought

will be given precedence. This problem, although existence of which

cannot be denied, is not as complex as it seems. The simple solution is

that every citizen shall have the right and freedom to follow his own school

of thought regarding the personal laws. But when it comes to the public

laws regarding the entire administrative framework of the state, then theschool of thought which the majority of the population belongs to, will be

given precedence.

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,


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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.

A BILL TO FURTHER AMEND THE CONSTITUTION

Whereas Islam has been declared to be the State Religion of Pakistan and itis obligatory for allMuslims to regulate and order their lives in accordance with the injunctionsof the Holy Quran andSunnah.And Whereas in order to achieve the aforesaid objective and goal, it is expedientfurther to amend theConstitution of Islamic Republic of Pakistan, 1973 (hereinafter referred to as theConstitution). Nowtherefore, 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.


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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 injunctionsof Islam as laid down in the Holy Quran and Sunnah and no Law shall beenacted which is repugnant to such injunctions.

(2) Nothing contained in any Article of the Constitution shall affect thepersonal law, religious freedom and customs of non-Muslims.

(3) The provisions of this Article shall have effect and shall beoperative 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 Article203-B, after the words force of law all the words up to the last word and shallbe substituted by the following, namely:-

shall include the Constitution, Muslim personal law and also any law relating tothe procedure of any court or tribunal and any fiscal law or any law relating to thelevy 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 Article203-C, the following clause (3B) shall be added, namely.-

(3B) The Ulema judges shall be entitled to the same remuneration, allowancespension 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) ofclause (3) shall be substituted by the following, namely :-

Two Ulema shall be appointed by the President as permanent Judges of theSupreme Court from amongst the Ulema judges of the Federal Shariah Court orfrom out of panel of Ulema to be drawn up by the President in consultation withthe Chief Justice. The Ulema judges shall be entitled to the 19 sameremuneration, allowances pension and privileges as are admissible to a judge ofthe Supreme Court.


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Amendment No. 2:- In the Constitution, in Article 203-F sub-clause (4) and sub-clause (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)


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Documents

The Dream of Pakistan an Islamic State or a Secular Democracy