The Objectives Resolution, passed in March 1949, made it clear
that the constitution of Pakistan would be based on Islamic laws of social
justice, equality and religious freedom. These provisions were not enough to satisfy
the religious wings of the country. They wanted complete implementation of the
Shariah Laws. Together with other reasons, the resolution was withdrawn in
November 1950 for further considerations.
When the first constitution of Pakistan was prepared in 1956,
it changed the name of Pakistan to Islamic Republic of Pakistan. The
Religious Advisory Board was retained for monitoring the legislation. The religious
scholars would ensure conformity of new laws with the Quran and Sunnah.
Ayub Khan was a bit liberal. He introduced Muslim Family Laws
Ordinance according to which marriages and divorces were to be registered and
minimum age limits were defined for marriage. In spite of opposition from
religious wings, these laws were imposed. He established Advisory Council of
Islamic Ideology to advise him the religious aspects of policies. He also
founded Islamic Research Institute. But these institutes were just symbolic; he
never welcomed their proposals.
In the 1973 constitution, Islam was declared to be state religion.
The president and the prime minister were to be Muslims and they must believe
in the finality of Prophet Muhammad (PBUH). But no consideration was given to
full implementation of Shariah Laws. After the 1977 elections when Pakistan
National Alliance was protesting on the roads against rigging, he tried to
appease the religious factions by banning gambling, restricting sale of alcohol
and declaring Friday to be the weekly holiday. These were
just desperate actions.
General Zia ul Haq tried to be a pro-Islamic leader. He established
Federal Shariat Court in 1979 to consider conformity of existing laws and
judgments with Islamic laws. He introduced Hudood Ordinances giving Islamic
punishments to people involved in drinking, gambling, theft and adultery. He
also introduced the Council of Islamic Ideology to suggest ways for
bringing the legal system closer to Islamic ideology. Zakat and Ushr Ordinance
was introduced imposing 2.5% wealth tax and 5% tax on agricultural income respectively.
To give an Islamic color to Pakistan’s society, Islamiyat and Pakistan Studies
were made compulsory subjects in the schools and colleges. Memorizers of the
Holy Quran were given extra marks in the Civil Service examinations. Arabic
language was promoted through TV and Radio programs. No woman was allowed to
appear on the TV without scarf.
But there were a number of weak sides of Zia’s Islamisation program. Only
a small part of Islamic Legal System was enforced. There were misappropriations
of Zakat fund, the Federal Shariat Court could not replace the Pakistan Penal
Code, Ushr was not taken from landowners and Islamic punishments were rarely
exercised.
When it comes to conclusion, it can be said that the governments
have not been successful in the Islamisation of Pakistan between 1947 and 1988.
Some laws seem to be implemented under pressure from certain circles, and once
announced, no serious efforts have been made to implement them in true sense.
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