Вы находитесь на странице: 1из 5

INTRODUCTION On 7th April,1972 the national assembly of Pakistan appointed a committee to prepare a draft of the permanent constitution of Pakistan.

A bill to provide a constitution was introduced by the committee in the Assembly on February 2,1973.The Assembly passed the bill on 19th April,1973 and at last the constitution came into force on 14th August 1973. The present constitution (1973) provides for the protection and preservation of Islamic Concept of life.It also attempts to propag.ate and implement the basic teachings of Islam. ISLAMIC PROVISIONS OF 1973 CONSTITUTION The following are the Islamic provisions of 1973 constitution based on the principles of Holy Quran and Sunnah. 1.Islamic Republic of Pakistan Pakistan shall be known as "Islamic Republic of Pakistan". 2.State Religion Islam shall be the state religion of Pakistan. 3.Sovereignty Belongs to Allah Sovereignty over the entire Universe belongs to Almighty Allah and the authority bestowed by him on men is a sacred trust which the people of Pakistan will exercise with the limits prescribed by Quran and Sunnah. 4.Definition of a Muslim The constitution also gives the definition of a Muslim.A person who believes in Tauheed or Oneness of Allah,and in the prophet hood of Hazrat Mohammad (P.B.U.H) as the last prophet of Allah has described as aMuslim. 5.A Muslim to be a President and Prime Minister The constitution laid down that only Muslims shall be elected president and Prime Minister of Pakistan.Non nonMuslim could hold these offices. 6.Islamic way of life Steps shall be given to enable the Muslims of Pakistan to order their lives in accordance with the fundamental principles and basic concepts of Islam. 7.Promotion of Social Justice and Eradication of Social Evils The State shall take necessary steps for prosecution of social justice and eradication of social evils and shall prevent prostitution,gambling and taking of injurious drugs,printing,publication,circulation and display of obscene literature and advertisements. 8.Teachings of Holy Quran The state shall try to make the teachings of Holy Quran and Islamiat compulsory to encourage and facilitate the learning of Arabic language. 9.Strengthing Bond,with Muslim World The state shall endeavour to strengthen fraternal relations among Muslim countries in order to promote Islamic unity. 10.Council of Islamic Ideology There is a councel of Islamic Ideology which shall guide the government in respect of Islamic teachings,their implementation and propagation.Its chairman and members are appointed by President.Although its advice is not binding on the government yet it is not easy for any government to ignore or over rule its suggestion or opinion regarding any law. 11.Error Free Publication of Quran The government shall endeavour to secure correct and exact printing and publishing of the Holy Quran. 12.Oath to Project and Promote Islamic Ideology The federal and Provincial Ministers,the Speaker and Deputy Speaker of the National and Provincial Assemblies,the chairman of the Senate and the Governors and Chief Ministers of the Provinces also take oath to preserve and protect the Islamic Ideology. 13.Ahmadi's A Non Muslim Minority According to the second amendment of 1973 constitution,the Qadiani group or the Lahori group who call themselves "Ahmadi's " were declared as Non-Muslim minority. CONCLUSION The 1973 constitution enlisted the main principles of State Policy Maximum efforts were made to improve the character of this constitution.Like other constitutions,1973 constitution of Pakistan also provides for the protection,propagation and enforcement of Islamic Ideology.

Q. Describe the Islamic provision of the constitution. (2000/A) Q. Critically examine the Islamic provisions under the 1973 constitution. (1994/A) Q. Explain the Islamic provision of the constitution. (2004/s) 1. Introduction: The constitution of Pakistan is regarded as an Islamic constitution because in it Islam has been declared as the state religion. no law can be made against the Islamic provisions. it has also been prescribed in the principles of policy that state shall enable the Muslims of Pakistan to adopt theIslamic way of life. 2. Relevant Provisions: Article 2, 2A and 277 to 231 of the constitution of Islamic republic of Pakistan. 3. Islamisation of existing laws: The present constitution declares that all existing laws shall be brought in conformity with the injucutions of Islam as laid down in the holy Quran and Sunnah. Meaning of Quran and Sunnah: The expression Quran and Sunnah sall mean the Quran and Sunnah as interpreted by any Muslim sect when applied to the personal law of the non-Muslim citizens of Pakistan or their status as citizen. 4. Special Institution of Islamisation: Two special institutions for Islamisation under the constitution have been established (i) Federal shariat court. (ii) Islamic Ideology council. Case law P.L.D 1989 SC 613 It was held, legislature has no authority to enact a law in any field including those relating to taxes which is repugnant to the injuction of Islam and no other functionary including tax authorities has power to lay down any unIslamic rule. 5. Islamic provisions in the constitution on 1973: Following are the Islamic provisions of the present constitution. (i) Sovereignty of God: According to the constitution the sovereignty of entire world belongs to Almighty Allah. (ii) Name of the State: Name of the state is "Islamic republic of Pakistan". (iii) State Religion: According to the constitution Islam shall be the state religion of Pakistan. (iv) Promotion of Islamic way of life: State shall enable the Muslim of Pakistan, individually and collectively, to order their lives in accordance with the fundamental principles and basic concept of Islam. (v) Promotion of Social Justice and Eradication of Social ! evils: (a) State shall preostitution, gambling and taking of injurious drugs, printing, publication, circulation and display of obscene literature and advertisements. (b) Prevent the consumption of the alcoholic Liquor otherwise than for medical, and in case of non-Muslims purpose. (vi) Qualification for president: Only the Muslim can be the president of Islamic Republic of Pakistan. (vii) Strengthening bonds with Muslim world: State shall strengthen bonds with Muslim world on basis of Islamic unity. (viii) Qualification for prime minister: Only a Muslim can be qualified for election as prime minister. (ix) The Islamic Council: There shall be constitution a council of Islamic ideology referred to as the Islamic council. it shall make recommendations to parliament for enactment of Islamic law etc. (x) Definition of Muslim: The constitution of 1973 has defined the word Muslim. A person who believe on oneness of Almighty Allah and on the Prophet hood of Muhammad (S.A.W). (xi) Enforcement of Islamic laws: State shall enforce Islamic law as soon as possible.

(xii) Protection of Islamic values: State shall protect Islamic value in the country. (xiii) Welfare state: The concept of welfare has been adopted. (xiv) Protection of Minorities: In the constitution of 1973, the non-Muslims minorities have been given rights and protection. (xv) Promotion of Islamic teaching: It has been declared that state will endeavour to make compulsory the teaching Holy Quran and Islamic studies. (xvi) Correct publishing of Holy Quran: State shall ensure the correct publishing of Holy Quran. (xvii) Ideology of Pakistan: The President, Prime Minister and other high officials have to declare in their oaths that they will protect the ideology of Pakistan. (xviii) End of Interest: State shall eliminate Riba system in the country as soon as possible. 6. Conclusion; To conclude I can say that: the constitution of 1973 of Islamic republic of Pakistan contains a number of Islamic provisions. no law which is repugnant to the basic principles of Islam can be valid.constitution says that state shall enable the Muslims of Pakistan to order their lives individual and collectively in accordance with the principles and concept of Islam.

Islamic Provisions of Constitution of 1973


INTRODUCTION
On 7th April,1972 the national assembly of Pakistan appointed a committee to prepare a draft of the permanent constitution of Pakistan.A bill to provide a constitution was introduced by the committee in the Assembly on February 2,1973.The Assembly passed the bill on 19th April,1973 and at last the constitution came into force on 14th August 1973. The present constitution (1973) provides for the protection and preservation of Islamic Concept of life.It also attempts to propagate and implement the basic teachings of Islam.

ISLAMIC PROVISIONS OF 1973 CONSTITUTION


The following are the Islamic provisions of 1973 constitution based on the principles of Holy Quran and Sunnah.

1.Islamic Republic of Pakistan


Pakistan shall be known as "Islamic Republic of Pakistan".

2.State Religion
Islam shall be the state religion of Pakistan.

3.Sovereignty Belongs to Allah


Sovereignty over the entire Universe belongs to Almighty Allah and the authority bestowed by him on men is a sacred trust which the people of Pakistan will exercise with the limits prescribed by Quran and Sunnah.

4.Definition of a Muslim
The constitution also gives the definition of a Muslim.A person who believes in Tauheed or Oneness of Allah,and in the prophet hood of Hazrat Mohammad (P.B.U.H) as the last prophet of Allah has described as aMuslim.

5.A Muslim to be a President and Prime Minister


The constitution laid down that only Muslims shall be elected president and Prime Minister of Pakistan.Non non-Muslim could hold these offices.

6.Islamic way of life


Steps shall be given to enable the Muslims of Pakistan to order their lives in accordance with the fundamental principles and basic concepts of Islam.

7.Promotion of Social Justice and Eradication of Social Evils


The State shall take necessary steps for prosecution of social justice and eradication of social evils and shall prevent prostitution,gambling and taking of injurious drugs,printing,publication,circulation and display of obscene literature and advertisements.

8.Teachings of Holy Quran


The state shall try to make the teachings of Holy Quran and Islamiat compulsory to encourage and facilitate the learning of Arabic language.

9.Strengthing Bond,with Muslim World


The state shall endeavour to strengthen fraternal relations among Muslim countries in order to promote Islamic unity.

10.Council of Islamic Ideology


There is a councel of Islamic Ideology which shall guide the government in respect of Islamic teachings,their implementation and propagation.Its chairman and members are appointed by President.Although its advice is not binding on the government yet it is not easy for any government to ignore or over rule its suggestion or opinion regarding any law.

11.Error Free Publication of Quran


The government shall endeavour to secure correct and exact printing and publishing of the Holy Quran.

12.Oath to Project and Promote Islamic Ideology


The federal and Provincial Ministers,the Speaker and Deputy Speaker of the National and Provincial Assemblies,the chairman of the Senate and the Governors and Chief Ministers of the Provinces also take oath to preserve and protect the Islamic Ideology.

13.Ahmadi's A Non Muslim Minority


According to the second amendment of 1973 constitution,the Qadiani group or the Lahori group who call themselves "Ahmadi's " were declared as Non-Muslim minority.

CONCLUTION
The 1973 constitution enlisted the main principles of State Policy Maximum efforts were made to improve the character of this constitution.Like other constitutions,1973 constitution of Pakistan also provides for the protection,propagation and enforcement of Islamic Ideology.

Вам также может понравиться