‘‘Social Transformations in Contemporary Society’’, 2015 (3) ISSN 2345-0126 (online) SOCIAL LEGAL TRANSFORMATION OF PAKISTAN Sohaib Mukhtar The National University of Malaysia, Pakistan [email protected] Abstract Pakistan came into being in 1947. It struggled a lot during its initial days. It did not come to consensus to make a constitution until 1956 but later on military regime intervened. It is a drawback of Pakistan that laws and the constitution are not made indeed for its people rather they are made for the selfish elite who come into the power time to time without the support of the people. An unelected person cannot make a law for the betterment of the people he always do things for his own interest. Purpose - To point out weaknesses and hindrances in the social legal transformation of Pakistan and to recommend changes and best possible ways to build a highly social legal transformed society. Design/methodology/approach - The treatise is made taking into account the qualitative approach by looking into the historical prospect of social legal issues of Pakistan and to come to a conclusion to draw a better picture if followed the suggested steps. Findings - The paper includes the review of the history and weaknesses in legal transformation and comprehensive suggested steps to be followed to overcome the weaknesses and deficiencies. Research limitations/implications - The paper is limited to the social and legal aspects of the transformation in Pakistan and does not go into the deep details of politics and culture. Practical implications - Suggested steps can be followed by the legislature to make amendments in laws and to make more suitable laws which is a necessity for the better social transformation of Pakistan. Originality/Value - The research is a good piece and has an importance in its field and may help a lot in the development of the country and the region specially and the world at large generally. Keywords: Islamic rulers of the sub-continent; British India and its laws; Constitution of Pakistan 1956,1962 and 1973. Research type: The said research is a critical analysis on the development and transformation of Pakistan with respect to law and social justice. 54 ‘‘Social Transformations in Contemporary Society’’, 2015 (3) ISSN 2345-0126 (online) Introduction Maharajas of India ruled over India for decades and they were considered oppressors because they did not give much rights to the people of India during their reign. Raja DAHIR was the ruler of Sindh when Muhammad bin QASIM came with a Muslim army and defeated him and his army in 712 AD. Muslim rulers came to India and they also ruled over India for decades, they did some beneficial deeds for the people of India and the best example is that Islam spread thereafter in the subcontinent, but they did not do any kind of legislation for the betterment of the people of this area except the ruler ALAMGIR, who compiled the decisions of the Muslim Jurists which is belonged to the HANAFI School of thought, in a book named FATAWA AALAMGIRIA. HANAFI School of thought is one of the four schools of thought in an Islamic Law whose founder was Imam Abu HANIFA, who did not write many books but his pupils Imam Muhammad bin Hassan Al-SHEBANI and Imam Abu YOUSUF wrote many books and referred them to their teacher Imam Abu HANIFA. In last years of the Muslim reign in India, Muslim rulers indulged in luxuries and their main focus was to hold the power for a longer period of time and they did not do many good things for the benefits of the people. England entered India step by step; first they started trade in India and took permission from the Muslim rulers for their trade activities. England captured the Bay of Bengal in 1757 and defeated the ruler of Indian state MAYSOR; TIPU Sultan in 1799; before capturing the whole India in 1857. The war of 1857 was fought by Muslims and Non-Muslims of India together against England but after the defeat in war India became the colony of England and it gave more importance to Non-Muslims and provided them government jobs and others facilities but Muslims were in minority and they struggled a lot during that reign. Muslim population were not familiar with English language curriculum that is why they did not send their children to the schools built by the government but Non-Muslims started to study in English medium schools and they got government jobs. After 1857 England passed several statutes, but unfortunately they were most of them for the protection of its ruling elite and for the continuation of its control over India. Pakistan Muslim League was built in 1906 to raise the voice of Muslims in front of the ruling elite. People of India were oppressed during Hindu Maharajas period, during Muslim oppressors and during the British Government as well especially minorities struggled a lot. They only enjoyed few benefits, but they did not have enough fundamental rights and they were oppressed by the ruling elite within and without. After the independence of Pakistan in 1947, it has adopted British Indian Laws as well as the British Indian Constitution of 1935. Pakistan made its first constitution in 1956, which did not last along and was abrogated by the military regime in 1958 and thereafter the military dictator gave his self made constitution in 1962 which was a clear cut power generator for him and he was made a sole power source of the country. Though the economic situation of the country during the military reign was not bad but voice of the people was not heard and a pure electoral system was not formed. East Pakistan 55 ‘‘Social Transformations in Contemporary Society’’, 2015 (3) ISSN 2345-0126 (online) became Bangladesh in 1971 due to the mistakes of the ruling elite because they were not giving much rights to the citizens. The general assembly passed the third and the existing constitution of Islamic Republic of Pakistan in 1973, but unfortunately the ruling elite; who have been coming into the power through rigged elections; changed and amended it as they wanted it for their personal benefits and not for the benefits of the general public. People of Pakistan are still in need of a pure electoral system, a trustworthy government and a bunch of representatives who work for their benefits and not for their own benefits. Most of the laws of the country are needed to be amended according to the wishes of the society and according to the customs, traditions and norms of Islam because it is a consensus of the society that in Pakistan no law shall prevail which is against the principles of Quran and Sunnah. Historical Background Hindu rulers ruled the Indian sub-continent for centuries until 92 AH when Muhammad Bin QASIM defeated the ruler Raja DAHIR and conquered the area which is part of modern day Pakistan in 712 AD. Muhammad Bin QASIM is considered a good ruler, he gave rights to the Non-Muslims as well, and because of this many non- Muslims converted to Islam. It is reported that when he was leaving India, non-Muslims were weeping and after him they made his idols. He gave many non-Muslims positions in the administration.1 Mahmud of GAZNI did seventeen attacks on Indian capital New Delhi and at last conquered it. He ruled over it from 997 till 1030 AD. He took wealth from the rich people and distributed among the poor people of India. There after Muhammad of GHOR ruled over India from 1173 AD until he was killed while he was performing prayers in 1206 AD at the place near Jhelum, Punjab, Pakistan. There were plenty of Muslim dynasties in India started with the slave dynasty or a MAMLUK dynasty from 1206 AD with the emergence of QUTUB-UL-DIN AIBAK, he was the slave of Muhammad of GHOR and he gained power in 1206 after the death of Muhammad. QUTUB died while playing polo in 1210, he was the founder of MAMLUK dynasty and built the famous QUTUB MINAR in New Delhi. He laid the stone of the traditions of Muslim rulers of India to make beautiful place in India. After him many other Muslim rulers made special places in memories of their loved ones.2 The KHILJI dynasty came into being in 1290 AD until 1320. It was formed by FEROZ KHILJI. That dynasty was all bloodshed, there were killings and noise all over India, and it was ended when the last ruler Mubarak Shah was killed by his army chief and then GHIYATH-UL-DIN TUGLUQ captured New Delhi and announced the inclusion of the TUGLUQ dynasty in 1320. 1 Derryl N. Maclean, Religion and Society in Arab Sind, Netherlands, E.J. Brill, 1989, at 58 & 59 2 Hamid Waheed Alikuzai, A Concise History of Afghanistan, USA, Trafford, 2013, at 122 56 ‘‘Social Transformations in Contemporary Society’’, 2015 (3) ISSN 2345-0126 (online) The TUGLUQ dynasty went off until 1414 AD, in which FEROZ Shah TUGLUQ ruled from 1351 until 1388, a city in Indian Punjab Ferozepur is named after his name though he is not considered by some as a beneficial ruler for the people.1 The Syed dynasty was started from 1414 to 1451, they claimed to be the decedents of Prophet Muhammad (peace be upon him). KHIZR Khan was the founder of the said dynasty and he never claimed himself a ruler, he considered himself the vassal of TIMUR and his son Shah Rukh. ALAM Shah was the last ruler of the said dynasty who surrendered in favor of BEHLOOL LODHI, the founder of the LODHI dynasty in 1451.