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TION IN PAKISTAN

slamization at State and Society Level

INTRODUCTION TO ISLAMIC LAW


Purposes:
to regulate the relationship between man and his Creator
to regulate the social relationships of people

Sources of Islamic Jurisprudence:


Fiqh is an expansion of Shariah or Islamic law based on five sources
which are classified into primary and secondary:
Primary sources:
The Quran
Sunnah
Secondary sources:
Ijma(Consensus of opinion)
Qiyas
Ijtihad

Islamization
Islamization is the process of a society's conversion

to the religion of Islam


The idea of Pakistans creation was that Muslims are
separate nation because of their religion and they
need a separate homeland in Muslim majority states
of India for creation of an Islamic state where they
can practice Islam in private and public sphere.
Adoption of an Islamist social and political system in
a society

Islam in Pakistancontd
The Muslim poet-philosopher Allama Muhammad
Iqbal first proposed the idea of a Muslim state in
northwestern South Asia.
Muhammad Ali Jinnah expressed agreement with
Iqbal's views: That Muslims required a separate
homeland
Until 1977-88 Islamic law was largely restricted to
personal status issues. Zia ul Haq introduced
Shariah courts and made far reaching changes in
the criminal justice system.

Islamization in Pakistan (1977-88)

Shariat ordinance/Hudood Ordinance 1979


Zakat and Ushr Ordinance 1983
Interest-Free Banking (PLS Accts 1st jan 1981)
Establishment of Federal Shariat Courts
(10 Feb 1979)
Islamiat and Pakistan Studies (compulsory)
Nizam-e-Salat and Arrangement of Azan
Zakat and Ushr Ordinance 1983
Ehtram e Ramzan Ordinance:500 Rs fine
Study of Arabic:class 6th to 8th
International Islamic University-Islamabad:1981
Shariat Faculty:Quaid e Azam University
Government donations to religious schools or madaris

Role of people in Islamization in


Pakistan
Zulfiqar Ali Bhutto
General Zia-ul-Haq

Process of Islamization

Islam in constitution
The Constitution of the Islamic Republic of Pakistan 1973,
Preamble states:
Whereas sovereignty over the entire universe belongs to Almighty

Allah alone, and the authority to be exercised by the people of


Pakistan within the limits prescribed by Him is a sacred trust
Wherein the principles of democracy, freedom, equality, tolerance
and social justice, as enunciated by Islam, shall be fully
observed
Wherein the Muslims shall be enabled to order their lives in the
individual and collective spheres in accordance with the teachings
and requirements of Islam as set out in the Holy Quran and
Sunnah.

Constitution Articles
pertaining to Islam
Article 31: relates to supporting the Muslims of Pakistan in the

Islamic way of life.


the provision of facilities; and
the compulsory teaching of the Holy Quran and Sunnah, as a

means of promoting unity and the observance of Islamic moral


standards.

Article 40: relates to the strengthening of bonds with other

Muslim countries based on Islamic unity and the promotion of


international peace and security.
Article 41: states the minimum requirements of an elected

president, which include that he must be a Muslim.

Constitution Articles
pertaining to Islam
Article 227: provides that all existing laws are brought into conformity

with the Injunctions of Islam as laid down in the Holy Quran and
Sunnah.
Article 228: provides for the establishment of a council of Islamic

ideology( the Islamic Council) and the responsibilities of the president


in relation to the establishment of the members of the Islamic Council.
Article 229, refers to the provision that members of parliament may

seek advice from the Islamic Council on matters regarding proposed


law and whether they are compatible to the Injunctions of Islam.
Article 230, provides for matters referring to the functions of the

Islamic Court.

Role of Islam in Pakistan


Islam established as state ideology to distinguish

Pakistans identity as separate from Hindu India.


Islam served as the base for the creation and

unification of a separate state.


Islam remains an important element of national

identification and is a central issue in Pakistans


politics.

Principles in Objective
Resolution 1949
1. Sovereignty belongs to Allah alone but He has

delegated it to the State of Pakistan through its


people for being exercised within the limits
prescribed by Him as a sacred trust
2. The State shall exercise its powers and
authority through the chosen representatives of
the people
3. The principles of democracy, freedom, equality,
tolerance and social justice, as enunciated by
Islam, shall be fully observed
13

Cont
4. Muslims shall be enabled to order their lives in the

5.

6.
7.
8.

individual and collective spheres in accordance


with the teachings of Islam as set out in the
Quran and Sunnah
Adequate provision shall be made for the
minorities to freely profess and practice their
religions and develop their cultures
Pakistan shall be a federation
Fundamental rights shall be guaranteed.
The judiciary shall be independent
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Constitutions of 1956,1962 and


1973

1956
Name of the Country
Objective Resolution
Sovereignty
State Responsible for Islamic way of Life
Islamic Ethical Values
Zakat and Auqaf
Principles of Policy
Unity of Muslim Ummah as Basic principle of Foreign
Policy
Head of State to be Muslim
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Cont.
Promise of imposition of Islamic System

1962
Compulsory Education of Islamiyat
No law against Islamic conjunctions
Islamic Advisory Council 1962 now I.I.C

1973
Islam is state religion
Abolition of Riba
Nizam e Zakat o Auqaf
PM to be Muslim
Definition of Muslim
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1973
Article 62 and 63
Preaching of Islamic Values
Good relations with Muslim countries as Principle of

Policy
Correct Printing of Quran
Education of Arabic Language
Quadiani as non-Muslim
Oath of various Constitutional Posts

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General Ayub
Family Law Ordinance 1961
Islamic Advisor Council 1962

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Islamization by Bhutto
OIC Summit 1972
Ban on drinking/gambling etc
Ministry of Religious Affairs

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Zia Ul Haq
Eman Taqwa and Jihad Moto of Pak Army
Salat Ordinance
Prohibition (of Wine) Order 19777
Hadood Ordinance 1979
Zakat o Usher Ordinance 1980
Ihteram e Ramzan Ordinance/Reverence for Fasting

1978
Hajj Arrangements
Bismillah Ceremony
Ulema o Mashaikh Convention
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Cont
Shrait Bench of SC
Active Role of I.I.C
F.S.C 1980
Qazi courts 1984
Shrait Ordinance 1988
Riba free Banking
Shriat Academy
Islamiyat and Arabic as Compulsory
Jihad against Russia
Rouet-e-Hilal Committee
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1990s to date
Islam as Political Identity
Political Parties and Alliance (I.J.I,M.M.A)
Qasas and Diyat Ordinance 1990
Recognition of Talban Govt. 1996
Shariat Bill 1997
Hasba Bill 2003
Development of Rightist Ideology
Non recognition of Israel

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