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Islamization of the Constitution: the Role of Religious Parties

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Mahboob Hussain ISLAMIZATION OF THE CONSTITUTION: THE ROLE OF RELIGIOUS PARTIES It’s generally considered that Constitution of 1973 is most agreed constitution of Pakistan but this consensus was only achieved after heated debates in the Assembly. Religious parties tried their hard to make it more Islamic by pressing the government. This paper analyzes the efforts rendered by the religious parties in the process of the constitution making. The Main questions which have been dealt under this study are; what was main cause behind the ascendancy of religion in the politics of 1970s and particularly why Zulfikar Ali Bhutto brought a number of religious reforms. In present study the crucial role of Ulama as legislatures to put the rock on role for the Islamization has been highlighted. The Islamic aspects of the Constitution of 1973 have been discussed by Dr. Afzal Iqbal. 1 He discussed important features of Islamic Constitution of 1973. He denoted Bhutto’s measures of Islamization with his policy of placating and outwitting the religious and conservative opposition. Hussain Haqqani2 viewed that Mullah Military alliance forced Bhutto to adopt a policy of reconciliation towards religious classes and second Bhutto’s desire to receive financial help from rich Arab states made him reconciliatory with religious parties. Shaukat Ali,3 was of the view that Bhutto always portrayed himself the champion of Islam, but difficulty with him was that there was a wide gap between his profession and practice. He thought Islam as code of high ethical ideals and in his opinion by working for the people he could assume the title of “the servant of Islam”. Syed Mujawar Hussain Shah4 threw light on the relations of Ulama and Bhutto and discussed the process of Islamic Constitution making with its important features. The character of religious parties started with the very first debate on any provision of the Constitution that started on article 2 which denoted Islam as state religion.5 Maulana Shah Ahmad Noorani6 intended that no law should be made in conflict to Islamic teachings and Objectives Resolution. Therefore he demanded the inclusion of two more sub-clauses which stated, “No law shall be repugnant to the teachings and requirements of Islam as set out in the Holy Quran and Sunnah; and all existing laws shall be brought in conformity with the Holy Quran and Sunnah within a period of five years from the commencing day.”7 Maulana Noorani was supported by many other members of oppositions including Maulana Ghulam Ghous Hazarvi8, Maulana Abdul Hakeem9, Mufti Mahmud10, Mahmud Ali Qasuri11, Zafar Ahmad Ansari12, Karam Bakhsh Awan13 and Chaudhry Zahur Ilahi14 who vehemently spoke in favour of resolution and argued that Pakistan was achieved not merely on economic basis but also in the name of Islam. However Mahmood Azam Farooqui15 suggested that the question ‘what was Islamic or not’ should be left to Supreme Court and an Ulama Board be appointed to help judges for the time unless judges trained in Islamic teachings were available.16 Ahmad Raza Qasuri17 said that the meaning of Pakistan “la ilaha illalaho Muhammad ur rasool Allah” could not be accomplished unless constitution was made on the basis of Quran and Sunnah and unless Quran and Sunnah were practiced.18 Sheikh Muhammad Rashid19 talking on this amendment said that Pakistan was not created to uphold the rituals of Islam, like prayer, Fasting, Zakat and Hajj but its prime aim was to implement its economic system that was socialism.20 Only 17 members voted for the amendment of Maulana Noorani so it was rejected.21 Maulana Sadar-us-Shahid22 and Mahmood Azam Farooqui also presented the amendment to the article 2. However these amendments were also turned down.23 The next day Sheikh Muhammad Rashid begged to insert new article 2-A that called for socialism as the basis of economy and that the state shall ensure the elimination of all forms of exploitation and the gradual fulfillment of the fundamental principle.24 However Makhdoom Muhammad Zaman Talibul Moula asked to change the word socialism with Islamic socialism whereas Mahmood Azam Farooqui demanded to replace socialism with ‘Islamic principles of social justice.’25 Prof. Ghafoor Ahmad26 demanded that ‘Islam’ instead of ‘socialism’ and the words ‘capacities and needs’ instead of ‘ability and work’ be substituted. Whereas Ahmad Raza Qasuri demanded that the word ‘socialism’ be replaced with ‘Musawat-e-Muhammadi’ in 1st clause and the word ‘work’ be replaced with the words “needs and the enforcement of Islamic injunction on giving away all that is beyond the needs of the holder for time being shall be an obligation of the state.”27 Arguing in the favour of his amendment of ‘Musawat-e-Muhammadi’, he said that Sheikh Muhammad Rashid gave the principle of “each according to his ability, to each according to his work” but in Islamic society they must fulfill the needs of worker if he could not do work due to his illness.28 Maulana Zafar Ansari was of the view that socialism was against Islam, he also highlighted that there were many categories of socialism in the world and argued that it was a vague terminology. Muhammad Azam Farooqui had also the same views. Prof. Ghafoor pointed out that it was eye wash to declare Islam as state religion when in actual government wanted to bring socialism.29 Rao Khurshid Ali advised his party, PPP, to avoid the word socialism, and Musawat-e-Muhammadi be substituted in its place because in election campaign a fatwa against socialism hd been issued.30 Sheikh Muhammad Rashid argued that the explanation of Islam advanced by Prof. Ghafoor was a communist concept. He said that Islam’s economic system was socialism.31 Maulana Ghulam Ghous Hazarvi realized to Sheikh Muhammad Rashid that if in his views Islamic economic system was exactly in accordance of socialism then why he was working against the ruling party by inserting word ‘socialism’. He further said that when there was forwarded fatwa against socialism their party came also under its attack but at that time he was of the opinion that unless they found details of socialism program there was no question of fatwa but now there came the smell of communism in that amendment.32 Maulana Abdul Haq said that Islam neither supported capitalism, socialism, nor communism, and there would not become any change even if they use word ‘Islamic’ with socialism.33 Mufti Mahmud advanced the argument that to add a new clause of socialism after accepting Islam as state religion meant Islam was not perfect religion.34 He further said there was lot of difference between the lives of Prophet (PBUH), Abu Bakar and Umar, and Marx, Lenin and Stalin, and later were to get guidance from the formers. Malik Jahangir Khan said that they won the election on the basis of Musawat-e-Muhammadi, and ten million people of tribal areas had asked him that constitution should be based on Islamic Musawat or Musawat-e-Muhammadi.35 Maulana Kausar Niazi questioned how the term Islamic democracy could be acceptable when Islamic socialism was wrong terminology. He further said if it was closely observed, there was a lot of difference between modern democracy and Islamic democracy. He told that Islamic socialism was not a new term; it was well know in Arab countries. He gave the reference of Sheikh Mustafa of Egypt, a great Alim, who proved in his books, “Al Ishtarkia al Islam”, and “Muhammad al Ashtraki al Awal” that Islam was socialistic religion and prophet was 1st socialist. He furthered argued that not only Jinnah but Suharwardi and Allama Iqbal were also convinced of Islamic socialism.36 Mir Ghous Bakhsh Bezinjo37 pointed out that Islam was a complete code of life and there was no need of ‘ism’ in Islam. Socialism and democracy had their own systems. He accused the government of playing eye wash with peoples in the name of Islam, socialism, and democracy.38 Abdul Hafeez Pirzada, Law Minister explained that their socialism was never communism; their socialism meant both, private and public sector.39 Sardar Inayat-ur-Rahman Abbasi40 admitted that their manifesto and people’s party manifesto was same and he advised the government to use word Islami Musawat instead of socialism of Islamic socialism to avoid contradictions.41 Chaudhry Zahur Ilahi realized the PPP members that they won the election in the name of Musawat-e-Muhammadi so they had no right to use Islamic socialism, and there was no question of using Musawat-e-Muhammadi in bracket.42 Syed Abbas Hussain Gradezi (PPP) also tried to convince the government to avoid Islamic socialism and to use Musawat-e- Muhammadi as both had same meaning. He said that if opposition was happy with Musawat-e-Muhammadi, they were also happy.43 Maulana Abdul Hakeem explained the contradictions between Islamic socialism and Musawat Muhammadi by quoting an example from Quran where Allah advised to the companions of prophet to use word “unzurna” instead of “raaina”44and advised the government to use Musawat-e-Muhammadi instead of Islamic socialism because non-believers mostly used the word socialism for their system.45 Dr. S. Mahmood Abbas Bukhari (PPP) accused opposition for confusing these terminologies, he blamed that kingship in Islam came due to Ulama who legalized feudalism and capitalism in Islam in the name of Musawat-e-Muhammadi.46 After a long discussion the amendment of Sheikh Muhammad Rashid with a little oral addition by Maulana Kausar Niazi stood part of the constitution. The following words “which reflect the concept of Musawat-e- Muhammadi” were added after
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