Islamization of laws in Pakistan

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Sanaullah Kalwar
When Pakistan and India were colonies of British there wasn’t any single war for freedom, every leader either he was Muslim or Hindu wanted basic rights for him. British being usurpers were stealing the wealth of subcontinent through their power. Hindu Leadership was strong as compare to Muslim leadership due to their overwhelming majority in government, therefore they were getting their enough share in wealth. And Muslims being in minority were deprived of their basic necessities. Because of such deprivation Muslims living in subcontinent started working against British rulers a fight for their share.
They established some political parties for completion of their agendas, complained for their rights.Nobody pays heed to that.When British was seemed weak in World War-II, Gandhi on 8th August 1942 Launched ‘Quit India’ movement. Furthermore announced to go away from India because it is our land. After starting this movement Quaid e Azam Muhammad Ali Jinnah realized that British wasn’t giving us enough rights due to our minority, how would we expect such from Hindu leaders as if India get independence we are going to remain on same position and that they are Kufaar so as enunciated in
Quran and sunnah we couldn’t expect goodness from them. And there religion and our religion is completely different so can’t live together happily. So he started “Quit and Divide India” movement. So due to this we get independence from British india on 14th august 1947. This very short history tells about the state we got was merely on basis of spiritual difference and rights deprivation. And we believe Islam as our core agenda for running the business of state and life so When we got independence we passed a resolution called Objective resolution which was the primary constitutional document that proved to be the inspiration of constitutional developments in Pakistan. It mirrored the way during
which our constitution would appear as. It contained many provisions among which the most important point was that “The sovereignty of the whole universe belongs to Allah almighty alone and therefore the authority should be delegated to the state through its people under the foundations set by Allah”. Itabsolutely was the starting of inducting Islamic system in this country. after this resolution many developments came on the name of Islam, but we can say an entire process of Islamization of laws in Pakistan was introduced by General Zia ul Haq who persistently focused on adopting and enforcing the
Islam in every sector and walk of life. The Nizam e Mustafa movement was the most prominent factor which meant to uniting the muslims of Pakistan. He said that Pakistan is formed within the name of islam so it’d be enforced in every walk of life the political, legal and economical as per the values of Quran and Sunnah. Zia’s efforts to Islamize the laws may be seen in four areas: 1-Islamic penal system 2- Judicial reforms 3-Economic reforms and 4-Education Policy. First one is that the Introduction of Islamic Penal System: When Zia came into power he introduced broad spectrum of punishments within the
name of Shariah, e.g he Promulgated some ordinances of Rape, theft, murder, drinking wine, prostitution and adultery. These punishments were implemented as in Islam to discourage or deter the criminal elements. An enormous achievement indeed was an introduction of Blasphemy laws, through this some provisions were inducted in Pakistan Penal Code which prohibit to use derogatory remarks against Prophet Muhammad PBUH, All other Prophets, Campanions of Prophet Peace be Upon Him, his wives, Ahel e Bait and others. Then came Judicial reforms: In 1978 Zia established some Shariat
Appellate benches altogether four high courts of Pakistan. The benches were tasked to the determine the legality of cases under the teachings of Quran and Sunnah and examine the laws legislated since independence whether or not they are compiled with Shariah, if not then bring them under the injunctions of islam. A Shariat appellate bench of Supreme court was created to be the ultimate and pis aller of appeal in cases associated with shariah. He also gave the jurisdiction to each citizen of Pakistan if he/she thinks the law is against injunctions of islam he/she can take the interest in shariat benches and acquire decision whether the law is Islamic or un-islamic. Soon in 1980 Shariat appellate benches were
disbanded and replaced by Federal Shariat Court. Then, Introduction of Economic Reforms: Zia Introduced some Ecomomic reforms through Presidential orders, within which Zakat and Ushr Ordinance were at top. He promulgated ordinances for the fiscal dimension of islamization, payment of Zakat on income, wealth still as Ushr on agriculture were made obligatory for Muslims in Pakistan. Together they represented 2.5% of annual household saving and served as a brief of wealth tax to be redistributed among the poor Muslims in Pakistan. Zakat was deducted from all saving accounts on first day of Ramzan annually and was distributed among needy and deserving ones while Ushr was collected and distributed locally at the end of session. Zia also desired to eliminate interest on all loans and
securities and make an interest free economy, in 1981 interest payments were replaced by the system of Profit and Loss. The government of that time introduced and encouraged banks to adopt financing schemes supported by Islm as “Murabaha”and “Musharka” and Last was the education policy Zia worked enthusiastically for education reforms, he founded a shariah department at Quaid e Azam university in 1979 to coach legal specialists, he paid attention to reorganization of Deeni Madaris and to tend degrees for his or her education as English medium schools were taking then on. Therefore He did some good efforts to enforce the Nizam e Mustafa completely as dreamed before participation. Now it’s
the responsibility of current government to require reports of all the institutions being established under Zia ul Haq, and make some refoms in them.

(-The writer is a Student of Shariah and Law at International Islamic University Islamabad. Freelance Columnist, based in Kashmore, Sindh.)

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