The Objectives Resolution (1949)
The journey of Islamization in Pakistan’s constitutional history began with the Objectives Resolution, passed by the Constituent Assembly on March 12, 1949. This resolution laid down the guiding principles for the country’s future constitution, declaring that sovereignty belongs to Allah alone and that the authority would be exercised by the people of Pakistan within the limits prescribed by Him. It aimed to ensure that all laws in Pakistan would conform to the teachings of Islam.
The Constitution of 1956
- Islamic Republic: Pakistan was officially named the “Islamic Republic of Pakistan.”
- Islamic Provisions: The Constitution of 1956 included provisions for the President and Prime Minister to be Muslims, and for ensuring that laws were consistent with Islamic teachings. However, the constitution did not have a significant impact on the Islamization of laws or society.
The Constitution of 1962
- Islamic Advisory Council: The Constitution of 1962, promulgated by President Ayub Khan, established an Advisory Council of Islamic Ideology to recommend measures for making laws conform to Islamic principles.
- Secular Reforms: Despite its Islamic provisions, Ayub Khan’s regime is known for secular reforms and modernization efforts, which somewhat diluted the focus on Islamization.
The Constitution of 1973
- Islamic Republic: The 1973 Constitution reaffirmed Pakistan’s status as the Islamic Republic.
- Islamic Ideology Council: It established the Council of Islamic Ideology (CII) to ensure that laws were brought into conformity with Islamic injunctions.
- Islamic Provisions: The Constitution included several provisions to promote Islamization, such as:
- The President and Prime Minister must be Muslims.
- All existing laws were to be brought in conformity with Islam.
- The teaching of the Quran and Islamiyat was made compulsory.
Zulfikar Ali Bhutto’s Era (1971-1977)
- Islamization Measures: To garner support from religious groups, Bhutto introduced several Islamization measures, including:
- Declaring Friday as the weekly holiday.
- Banning alcohol and gambling.
- Establishing Sharia benches in courts.
Zia-ul-Haq’s Regime (1977-1988)
- Comprehensive Islamization: General Zia-ul-Haq’s era marked the most significant phase of constitutional Islamization.
- Hudood Ordinances (1979): Introduced to enforce Sharia law regarding crimes like theft, adultery, and consumption of alcohol.
- Federal Shariat Court: Established to review laws and ensure their conformity with Islamic principles.
- Nizam-e-Mustafa: Aimed to implement a comprehensive Islamic system.
- Zakat and Ushr Ordinance: Introduced compulsory Zakat (charity) deductions to support the needy, aligning with Islamic principles of social justice.
Post-Zia Era
- Benazir Bhutto and Nawaz Sharif: Both leaders had varying approaches to Islamization, with Bhutto’s tenure seeing moderate policies and Sharif attempting further Islamization through initiatives like the Shariat Bill, although it faced resistance and was not fully implemented.
- Musharraf’s Regime (1999-2008): General Pervez Musharraf promoted “Enlightened Moderation,” seeking to balance Islamic principles with modernity. Some of Zia’s stringent laws, like the Hudood Ordinances, were reformed to be less harsh, particularly on women’s rights.
Contemporary Developments
- Blasphemy Laws: Introduced during Zia’s regime, these laws remain contentious and are a significant part of Pakistan’s legal landscape.
- Council of Islamic Ideology (CII): Continues to play a role in reviewing laws and making recommendations for aligning them with Islamic teachings.
- Education and Curriculum: Ongoing efforts to ensure educational content reflects Islamic values, balanced with modern subjects.
Conclusion
The history of Pakistan’s constitution with respect to Islamization is marked by periods of significant religious influence, particularly during Zia-ul-Haq’s regime, alongside efforts to balance Islamic principles with modern governance. This evolving interplay shapes Pakistan’s legal and social landscape, reflecting its identity as an Islamic republic committed to integrating faith with contemporary statecraft.
