Islamic Provisions of 1973 Constitution

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Islamic Provisions of the 1973 Constitution.

The constitution of 1973 contains elaborate provisions which seek to reconstruct our society on the basis of the golden principles enunciated by Islam. Many of its features proclaim the glory of Islam and embody the essence of the Muslim faith. It can be safely said that this constitution is more Islamic in character, and its Islamic provisions more precise and comprehensive, than those of the earlier two Constitutions. The Constitution of 1973 has taken a step forward by declaring Islam as the State religion. A study of the Islamic provisions in the Constitution would reveal that in it a sincere attempt is made to establish an Islamic democracy as was envisaged by the Father of the Nation, Quaid-e-Azam Muhammad Ali Jinnah.

Following are some of the provisions made in the Constitution meant to enable the Muslims to order their lives according to the teaching of Islam as set out in the Holy Qur’an and Sunnah:

  1. The preamble of the Constitution of 1973 proclaims the glory of Allah, the Almighty and the sovereignty over the entire universe. It upholds the principles of democracy, freedom, equality, tolerance and social justice as enunciated by Islam. It guarantees that all the Muslims shall be enabled to order their lives in the individual as well in collective capacity, in accordance with the injunctions of Islam as laid down in the Holy Qur’an and Sunnah.
  2. The Constitution of 1973 is bold enough to declare that Islam shall be religion of Pakistan.
  3. It is provided in the Constitution that the President must be Muslim and believe not only in the Unity and Oneness of Allah, but also in his books, in the Qur’an being the last of his books, in the Prophet Muhammad (peace be upon him) being the last of the Prophets.
  4. It is declared, in the chapter on the Principles of policy, that the State will adopt concrete means to propagate and establish the Islamic way of life in the country.
  5. The Objective Resolution has been added as a substantial part of the Constitution. Article 2(1) of the Constitution provides that steps shall be taken to enable the Muslims of Pakistan, individually and collectively, to order their lives in accordance with the fundamental principles and basic concepts of Islam and to provide facilities whereby they may be enabled to understand the meaning of life according to the Holy Qur’an and Sunnah.
  6. Article 227 of the Constitution provides that “all existing laws shall be brought in conformity with the injunctions of Islam” and no law shall be enacted which is repugnant to these injunctions. In obedience of this Article Hudood Laws have been enforced. Islamic laws such as to Qisas and Diyat have also been incorporated in the relevant enactments. Every law to be framed by the Parliament has to conform to the injunction of Islam and if any such law is found to be repugnant to the injunctions of Islam then Federal Shariat Court as well as Shariat Appellate Bench of the Supreme Court has the power to scrutinize the said law on the touchstone of Islamic injunction and take the necessary declaration as contemplated in Article 203-D of the constitution.
  7. Pakistan was declared Islamic Republic.
  8. The government will take all possible steps to impart education of Islamiat and Holy Qur’an.
  9. Steps shall be taken to introduce ‘interest free banking system’ in the country.
  10. Islamic advisory council will be set up to recommend ways and means in order to bring the existing laws of the country in conformity with Islamic Principles.
  11. Steps shall be taken to enable the Muslims of Pakistan to order their lives in accordance with the fundamental principles of Islam.
  12. Correct and exact printing and publishing of Holy Qur’an shall be ensured.
  13. The state shall make efforts to make proper organization of Zakat, Auqaf and Mosques. Riba is to be eliminated.
  14. Strengthening bonds with the Muslim World and Promoting international peace.

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