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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

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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

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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

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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 “Islamic socialism” in 2-A. All other amendments to article 2 were rejected.47

In article 4 which was related to the loyalty with state, constitution and law; Maulana Abdul Hakeem moved the amendment that words “provided that the law is not expressly repugnant to Holy

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Quran or Sunnah” should be added.48 Abdul Qayyum Khan on point of order said there was already written in chapter 10 that no law would be made which was repugnant to Quran Sunnah and there was no need to move amendments to every clause.49 Both Maulana Zafar Ahamd Ansari and Maulana Abdul Hakeem held view that nowhere was mentioned in constitution that “obedience to law is basic obligation of every citizen.” They held view that either this clause be deleted or it should be added that ‘if it is not against Quran and Sunnah’. Maulana Abdul Hakeem expressed his fear that seven years were given for transferring laws into Islamic laws and even after this long period there was no guarantee that assembly was bound to make the law in the light of report of Islamic Council, and in replying to ruling party objection of moving amendments to every clause he said then why they should not have the right to challenge the law if it was against the Quran and Sunnah.50 Mahmood Azam Farooqui also stressed that no citizen could be compelled to act upon a law which was against Quran and Sunnah.51 Maulana Ghulam Ghous Hazarvi, Prof. Ghafoor and Mufti Mahmud all spoke in favour of that amendment of Maulana Zafar Ansari and Maulana Abdul Hakeem but both these amendments were rejected by majority party.52 Since opposition’s all amendments whether Islamic or others, were rejected so it walked out but soon returned.53

Article 10 in draft constitution was related to prohibition of slavery on the soil of Pakistan but some Ulama thought it against the Quranic teachings to categorically prohibit any type of slavery. That’s why they moved resolutions to amend this article. Maulana Abdul Haq moved that “no citizen shall be held in slavery and, except as permitted by injunctions of Islam, no law shall permit the introduction into Pakistan of slavery.”54 Maulana Zafar Ahmad Ansari demanded that the following wording be substituted to this article, “slavery is non-existent and no law shall permit or facilitate its introduction in any form.” Whereas Mufti Mahmud demanded that the word ‘person’ in the original clause be replaced with the word ‘citizen’ because to him slavery was prohibited in Islam but it was allowed in certain cases. If the enemies of Islam were caught in war as prisoners of war then it was better to enslave them for a time being and distribute them among Muslims, so that they might embrace Islam or learn a lesson and if they did, they would be freed, but if they were released at the spot, they would again gather. He said that there was no verse in Quran where slavery was totally banned.55

Maulana Zafar Ahmad Ansari was of the view that when in Pakistan slavery was non-existent then there must be written that

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“slavery is non-existent” in this article. However he agreed to edit his amendment as following “slavery is non-existent and forbidden in Pakistan no law shall permit or facilitate its introduction in any form.”56 Maulana Kausar Niazi argued that slavery was highly condemned in Islam, and pointed out that the ‘tense’ used in Quran for permission of slavery was the ‘past tense’ and he stressed that the interpretation of an Alim could never be compared with Quran.57 At this Ulama seemed to be satisfied and they themselves did not voted for their own amendments.58

Ulama tried to include Islamic provision in Article 17 that was related to freedom of trade, business or profession. Mufti Mahmud moved resolution that professions should be subjected to injunction of Islam along with law.59 Maulana Abdul Hakeem demanded that the words “if such profession or occupation, or lawful trade or business is not against the express provisions of the Holy Quran or Sunnah”60 be added after the 1st paragraph of article which allowed any type of lawful profession. They both argued that only that profession which was not prohibited by Islam should be allowed.61 Syed Abbas Hussain Gardezi said that if these amendments were accepted then they would have to take fatwa from Ulama before starting any type of business, and there were many schools of thought which would have different opinion about any business. He said that there was no need of including these clauses when it was written in constitution that nothing would be made against Quran and Sunnah.62 Maulana Mufti Mahmud replied to him that he was not satisfied because the suggestion of Islamic ideological council was not binding and how they could wait for 7 years for the correction of un-Islamic laws. He said that from the opposition of every Islamic clause from government it seemed that government was not ready to abide by the Quran and Sunnah. Maulana Ghulam Ghous Hazarvi repeated the same stance and told the government that they would not ask at every clause if once they were made satisfied. To counter Ulama of JUI, Sardar Inayat-ur-Rahman Abbasi asked Mufti Mahmud why they could not pass legislation in one year in accordance to Quran-o-Sunnah in their own province or they only presented amendments there. These amendments were totally rejected by the house. 63

Maulana Ghulam Ghous Hazarvi presented an amendment in article 18 to restrict the freedom of speech and expression in respect of Islam along with other subjects. His amendment was happily accepted by law minister by mere replacing the suitable wording. In article 19 (a), Maulana Abdul Hakeem demanded that the freedom of profess,

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practice and propagate of any religion be restricted in subject to that there would be no hindrance in the preaching of Islam and no one be allowed to become apostate. Whereas Maulana Ghulam Ghous Hazarvi also demanded to include an explanation of apostate along with the demand of restriction on apostatize. His explanation was followed as “a person shall be called apostate, if after embracing Islam, he refused to accept any verse of Holy Quran or any continuous tradition of Holy Prophet or generally accepted interpretation.”64 He argued that if revolt against the country was not tolerated, apostasy could also not be tolerated in Islam. While Khurshid Hassan Mir argued that today there was not fear of apostasy of majority in their country but if they included this type of restriction in their constitution then other countries could also impose restriction on preaching of Islam in their own respective countries which would stop the conversion of those non-Muslim who were embracing Islam rapidly. Secondly he said that if the amendment of Maulana was accepted, Jama‘at-i-Islami would also demand that stance of their Amir be accepted that a Muslim who did not practice ritual of Islam in a particular time, be killed.65 Maulana Ghulam Ghous Hazarvi firstly thanked to constitution committee for inclusion of words ‘profess and practice’, instead of giving the right of ‘adoption’ of any religion as basic right as it was given in 1956 constitution and secondly he favoured Maulana Abdul Hakeem’s amendment by arguing that they did want restriction on the preaching by non-Muslims but they just wanted to stop apostasy among Muslim. However their amendments were not supported by any other member except themselves.66

Articles from 30 to 43 in the draft constitution dealt with principles of policy, it was very important chapter as it contained important Islamic provisions, but problem was that it was not justice-able, so this was a concern of religious circles and hot debates were made by different members of the assembly over it.

Independent member Sardar Maula Bakhsh Soomro moved resolution that the clause 2 of article 30 be deleted which was giving undue protection to the acts of the executives. He argued that it would be against the fundamental rights of the people, he also gave the example of Hazrat Umar whom any citizen could question about any matter. Rao Khurshid Ali (PPP) also expressed same views .67 Malik Muhammad Akhtar (PPP) opposed the amendment suggested by Sardar Maula Bakhsh Soomro (Independent MNA) as it might put hurdle in the way of government in building the country. He said, “Now, Sir Look at the shattered economy which we have inherited; look at the

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limited means which we have got. Can we overnight, straightway implement all these principles of policy?” 68 Sirdar Shaukat Hyat proposed a period of ten years to make the principles of policy justice-able. He thought ten years would be enough for government to pass the crisis. But Mahmud Azam Farooqui demanded to limit the time period up to five years. He admitted that it would be difficult for government to fulfill its all promises, ‘roti, kapra, makan’ and to end all evils like ‘gambling, usury and drinking’.69

However majority members of government were not ready to impose any restriction on the executive. Abdul Hafeez Pirzada said, “every year in the national assembly as well as in the provincial assemblies, the performance of the executive governments and the state organs on the principles of policy shall be regularly debated and it would be suicidal for any executive government, if it is political government, if it represents the majority political party, not to implement this clause.” He also rejected any time limit to make the principles of policy justice-able and said, “Why make it ten years or five years, may be in two years we will make it justice-able, and if we go through difficult years, may be in 15 years.”70 Finally all these amendments were negatived. Even Begum Naseem Jahan (PPP) had to withdraw her own amendment when she felt it hard to get favour from his party and law minister.71

Though after the rejection of demand to make principles of policy justiceable it loses its importance yet Ulama did their best to include more Islamic provisions in the chapter of principles of policy.

Maulana Shah Ahmad Noorani on behalf of Maulana Zakir moved a resolution to amend the clause 2 of article 31as following; “to make the teaching of Holy Quran and Islamiat compulsory to reform the system of education in such a manner that it may enable the Muslims to mould their lives in accordance with teaching of Holy Quran and Sunnah”.72 Maulana Zakir wanted to ensure the teachings of Islam to the new generation and protect it from other idea probably from communism as he declared the socialism was against the ideology of Pakistan and he even threatened of self resignation if steps were not taken to preserve the Islamic teachings.73

Maulana Abdul Haq expressed his view that when the status of Islamic Council was only of advisory nature, they had to bring amendments for the protection of Islam. He reminded the government members the promise of law minster and president to honour the justifiable amendments.74 Mian Manzoor-i-Hussain demanded the

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addition in the article 31 which read as, “To provide strict observance of Islamic law of inheritance.” He wanted to ensure that no one be able to deprive anyone of his right of inheritance because many people often tried to deprive women from inheritance.75

Ghulam Nabi Chaudhry76 demanded to change word ‘secure’ with the word ‘set up’ in the (c) of clause 2 of 31. He argued that the word ‘secure’ was not sufficient for collecting Zakat properly because Zakat was one of the important pillars of Islam and only the proper system of Zakat could relieve from other modern systems in which people did not pay tax honestly. However Mufti Mahmud showed his reservation in collection of Zakat by government because nationalization of enterprises was often found less efficiet. He feared corruption might creep in this purely religious duty and its money might be used in fields other than mentioned in Quran.77

Mian Manzoor-i-Hussain also moved a resolution to add the following words, “and to secure and correct printing and publishing of holy Quran and to set up organization for this purpose” in the same article. He argued that copies of holy Quran printed from Pakistan were often found full of textual mistakes. He wanted the government of Pakistan like some other Muslim countries should take the responsibility of printing error free Quran. His amendment was very much applauded and Maulana Kausar Niazi favoured admitted the fact that Indonesian Muslims reported that copies of Quran printed from Pakistan were full of mistakes and even one copy lacked three hundred ayahs.78

Maulana Kausar Niazi amendment-originally the amendment was of Maulana Zafar Ahmad Ansari- to add a new demand in clause 2 of article 31, “to encourage and facilitate the learning of Arabic language” was easily passed. He meant that the promotion of Arabic language would help them in understanding the real meaning of Quran and second it was the langue of Paradise. Only amendments of Chaudhry Ghulam Nabi, Mian Manzoor-i-Hussain and Maulana Kausar Niazi were accepted. 79

Article 39 was aimed at the promotion of social justice and eradication of evils; hence there was a scope for religion in it. Dr. Muhammad Shafi (PPP) moved resolution to replace the words ‘endeavour to’ occurring in the initial line of article 39 with the word ‘immediate’, and Sahibzada Ahmad Raza Khan Qasuri moved resolution for the transformation of clauses (b), (g) and (h) to the chapter I.80 Maulana Abdul Haq also moved resolution that in

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paragraph (g) the words ‘immediately of the day of commencement be inserted’. He was of the view that government had force and it could impose the Islamic clauses of article 39. With efforts of Ulama, an Islamic system could not be properly functioned.81

Mian Manzoor Husain demanded two things, one to include reduction of court fee in paragraph (d) of article 39 and second to include ‘films, television and radio programs’ in paragraph (g) of the same article. Actually he was against expensive justice and spread of obscenity through literature, TV and radio programs.82 Maulana Noorani moved resolution to replace the word ‘prevent’ with ‘prohibit’ and to include words ‘production, import, sale, possession’ along with the ‘consumption of alcoholic liquor’ in paragraph (h) of article 39. Noorani was of the view that import of wine had caused injury to Pakistani nation in both economy and morality.83

Sahibzada Safi Ullah moved resolution that through paragraph (d) of the article 39 ‘revival of mahakma-e-qaza in Dir, Sawat and Chitral under the direct control of Supreme Court’ be also assured along with ‘inexpensive and expeditious justice’. He was of the view that people of Dir, Chitral and Sawat did not tolerate any system other than Shariah, so the system of Qazi should be restored there and Qazi must be directly appointed by Supreme Court or high court, so that the district management might not influence the Qaza department.84 Mustafa al Azhari, Maulana Zakir and Maulana Muhammad Ali presented the resolution to replace paragraph (h) with the following paragraph;“ ban the consumption, production and sale of alcoholic liquor except in acute disease for medicinal purpose and in the case of non-Muslims, religious purposes, through proper legislation immediately after commencing day.”85

Maulana Zafar Ahmad Ansari demanded to add a new paragraph (j) to article 39 to set up mobile courts to resolve disputes related to Muslim personal laws; ‘Nikah, Talaq, Mahr, Nafaqah’ free of cost. He also demanded through article (k) to set up local conciliatory councils in view of discouraging minor disputes amicably. Begum Nasim Jahan supported the idea but she wanted to include women in these courts.86

Maulana Abdul Haq presented an amendment to paragraph (g) of 39 to make curriculum of every department in conformity with Islamic studies, and to promote Arabic along with local languages, and to promote marfu‘at and to check munkirat.87Dr. Mubashar Hassan admitted that all those evils in the paragraph (g) and (h) must be

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eliminated but claimed that these could be eliminated through socialism because to him lust for power and money was the reason behind all these evils. He claimed that they have taken practical steps by including in paragraph (a) to article 2 to end all systems of exploitation.88 Rao Khurshid Ali was of the view that alcohol should never be allowed in any sense. He even differed with Ulama on the permission of alcohol for non-Muslim and for medicinal uses. He said, “If anyone cannot help drinking, better he die”.89

All these Islamic provisions were messed in the chapter of principles of policy which was as said by Sahibzada Ahmad Raza Khan Qasuri, “The principles of policy chapter is not justice able. For instance, if I say that in the city legal prostitution is going on, but then that particular woman can say, well I have got a license. But if it is prohibited and covered under the first chapter of the constitution then I can go to the court of law and say that this particular licensing system is against the constitution and the court of law will be competent to pass an order.”90 Despite all these faults the government did not approve these amendments because if they did not fulfill them, it would be discussed every year and might cause the ineffectiveness of the government. Actually government was not ready to implement ‘marufaat’ and ‘munkiraat’ of Islam, for example on the amendments for end of obscenity from TV and radio Abdul Hafeez Pirzada said there was no need of these amendments because government was committed to end it. Even seeing the negative response from her party begum Nasim Jahan and Ch. Ghulam Nabi withdrew their amendments.91 However all these proposed amendments were negatived.92

Religious Parties and the Islamic Provisions relating to Executive

This part of constitution was also important for Ulama in many respects because condition of Muslim for the appointment of chief executive and head of the state was an important religious issue.

Maulana Abdul Haq moved resolution that age for president be fixed 40 years and he must be a Muslim male because prophets were given prophethood at the age of 40, and according to prophet’s one saying, the government headed by women could not succeed.93Chaudhry Zahur Ilahi also moved a resolution in which he demanded that beside the age of 40 years, president must have qualification for the election of member of the national assembly, and should be bound to observe the fundamental ‘Arkan’ of Islam.94 Malik Muhammad Akhtar opposed the amendment because in his opinion all

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things which were necessary for a Muslim by faith were already mentioned in the oath of president. While Chaudhry Zahur Ilahi was of the view that head of state must be a practical Muslim.95

Maulana Abdul Haq wanted to add another clause after clause 2 which necessitated for the president to hold distinction in field of religious and temporal knowledge along with piety, integrity and observance of obligations and avoidance of prohibitions.96 Sahibzada Ahmad Raza Qasuri Moved a resolution that if the president was impeached or convicted for the subversion of constitution he should not eligible for president ship time or any other electoral office.97But all these Islamic amendments presented by Ulama and Chaudhry Zahur Ilahi were turn down.98

Article 48 gave the powers of pardon to president which was not acceptable for Ulama. Chaudhry Zahur Ilahi demanded that president’s powers to pardon should be subjected to Quran and Sunnah and law. Maulana Abdul Haq wanted to make it conditional by inserting the following words, “except in the cases relating to penalties fixed by Islam (Hadud) and the law of equality (Qisas),” at the end of article. Mian Mahmud Ali Qasuri demanded that president must consult that matter with ‘supreme judicial council’. Similar demands were also made by Muhammad Azam Farooqui and Mufti Mahmud. While Maulana Zafar Ahmad Ansari moved resolution, that president would refer the matter to Islamic advisory council to have verdict that powers in this regard were permissible according to injunction of Islam.99 Actually Ulama wanted to restrict the power of president to pardon within the limits of Quran and Sunnah, they were of the view that in case of Hadud and Qisas even prophet had not right to pardon then how could have a president. Second they feared that decisions of president might not be politically corrupted as he would have to act upon the advice of Prime Minister. On the other side government members argued that many times court reached on wrong decision so in this case president might be able to relieve the people. None of these demands was accepted by the ruling party.100

Commenting on the attitude of Ulama towards constitution making, Khan Abdul Qayyum Khan said that there were brought hundreds of hundreds amendments to every clause even when it was mentioned in the constitution that no law would be made which was repugnant to Quran and Sunnah, and all laws would be brought into conformity with holy Quran and Sunnah. While explaining the government attitude towards Ulama he said, “We have great respect for them, but at the same time we must remember that Ulama are no longer

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Ulama, the Ulama have come into politics. They are politicians.” 101 Chaudhry Zahur Ilahi moved a resolution that president only should act upon the advice of Prime Minister where it was subject to Holy Quran and Sunnah and other provision of the constitution. However the amendment was negatived.102 Neither the government wanted to restrict its power through the Islamic provision nor Ulama were ready to give government free hand in making constitution, and they tried their best to Islamize the constitution more and more.

Ulama also demanded that Speaker of national assembly be a Muslim because he had to become acting Prime Minister in the absence of actual Prime Minister. However their amendment was negatived.103 Ulama tried to insert the Islamic way of life and moral characters for the qualification of parliamentarians. Maulana Ghulam Ghous Hazarvi demanded that paragraph (d) be added, to make compulsory that Member of Parliament be conversant with the affairs of country and be not reputed in bad character and contravening to the injunctions of Islam. Whereas Abdul Mustafa al Azhari added that candidate for National Assembly must be honest and had the knowledge of his religion. Abbas Mahmood apposed these amendments on the ground that there had not been any yardstick in Islam to gauge his ‘Eman’, so everyone who recite ‘Kalima’, was Muslim.104 Maulana Kausar Niazi suggested that Ulama should enable the masses to decide to who they were to elect. He argued if these qualifications were included then who was to decide the criteria, because Ulama were not ready to give that power to government and Ulama were not able to decide because first they had internal crisis second they proved themselves hasty in declaring ‘Kafir’ to those who were working for the Poor. He asked JUP members that why they did not follow the same criteria in previous election while distributing tickets in Punjab. Hence these qualifications demanded by the Ulama were not accepted. 105

Maulana Abdul Mustafa al Azhari moved motion to the article 66 that the candidate be disqualified if he rejected the limitations of Islam or he was no more Muslim by crossing the limitations of Quran and Sunnah or beliefs of Islam deliberately and continuously. On the other hand Maulana Muhammad Ali put forward the amendment that candidate should have the right to challenge the decision of election commission in Islamic Council of ideology.106 However government did not wanted to pay head to any these amendments because it would lead the hegemony of Ulama in all this process. Sheikh Rasheed said that the Ulama were in favour of slavery and if someone object it they would call him ‘Kafir’ and they were giving protection to industrialists

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and they, government members, would not let them to become so powerful to restrict ‘them’, who were against industrialism and slavery. All the amendments by Ulama to stop the candidature on religious grounds were rejected.107

In article 92-related to the powers of president in issuance of ordinance-Maulana Abdul Haq put amendment that no such ordinance as repugnant to Holy Quran and Sunnah be made and promulgated. Some opposition members were even against any type of ordinance. In nut shell the amendment by Maulana Abdul Haq was negatived.108

In article 104-related to appointment of the governor Chaudhry Zahur Ilahi demanded to include condition of being Muslim and observation of five fundamentals of Islam along with some of others of his demands for candidates of governor. Ulama also supported his amendment but amendment was not accepted.109 In article 108 Chaudhry Zahur Ilahi again moved resolution to bring the act of governor-which he was to do with the advice of Chief Minister-subject to Quran and Sunnah and law. However it was not passed due to rejection of government members.110

Reconsideration and Adoption of Constitution of 1973

Abdul Hafeez Pirzada speaking on article 2-A said that if the opposition did not want to use the name of Islamic socialism like a Hindu woman who did not call her husband by name then they (PPP) did not have any objection as their (PPP) stance had been embodied in the constitution. He admitted that they should avoid using new terms in constitution because they did not know how the courts would explain these terms in future. Finally he moved the resolution to re-open the article 2-A. Clause 1 of 2-A was deleted and clause 2 was made 2-A.111

Articles from 227 to 231 were important for their Islamic provisions.112 Chaudhry Ghulam Rasool Tarar (PPP) moved resolution that the words ‘brought in conformity’ occurring in article 227 be replaced with words ‘made exactly in accordance’. As he claimed, he wanted to remove the concept that the government was mere exploiting the name of Quran and Sunnah.113 Ashraf Khatoon Abbasi moved amendment that at least one woman member be included in the council of Islamic ideology. She argued that the council was to do very important work and Ulama had been found prejudiced against the women so only a woman could save the rights of woman. Ulama did not oppose it and her amendment was adopted with clear majority.114 However major changes were not made to these articles until the last day when opposition returned.

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Malik Muhammad Sadiq moved amendment in this 1st paragraph for the oath of president to replace words “Allah the Almighty” with “Allah Almighty”. Same amendment was moved by Muhammad Khan Chaudhry for the oath of Prime Minister. Both these amendments were accepted as these were mere related to correction of the wording of oath.115 On 9th April 1973 before adoption of constitution different speakers expressed their views and gratitude on the constitution making.116

Malik Muhammad Hanif congratulated the all members on passing the Islamic constitution and reminded the house that their government gave those rights to council of Islamic ideology which were not given in the past. He said that if it failed in presenting the report in due time it would not be the responsibility of the government but would be of the learned Ulama present in Islamic Council.117

Sardar Inayat ur Rahman Abbasi congratulated the house and claimed that Muslim League hole heartedly supported the government in passing the Islamic constitution. He admired the Islamic wording of oaths for president and prime minister. He did not restricted to this but also criticized the Jami‘at-i-Ulama Islam probably for its alliance with NAP who was struggling for secular constitution.118

Every member from the government side applauded the Islamic character of the constitution and was very proud that their government gave full Islamic constitution 1st time in history of Pakistan.

On the other hand Ulama took a different approach with respect to constitution. Maulana Ghulam Ghous Hazarvi not only admitted that the constitution was much better than the previous constitutions but also admired its Islamic provision and specially to make it totally Islamic within seven years. However he said that they could not put it to show the world as Islamic Constitution.119He pointed out some flaws which were hindrance in making the laws fully in accordance with Islam. He said that 1st there was less numbers of Ulama and judges in council of Islamic ideology, second president and governors were not binding to send every matter to it, third it was not compulsory for the Assembly to act upon the advice of Council of Islamic ideology.120

Sheikh Muhammad Rashid while delivering speech on this momentous day of passing to constitution did not forget to compare Islam with socialism and repeated his old proverb, “Our belief is that economic system of Islam is socialism”.121 Constitution could not be

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passed on 9th April and on the last day, 10th April 1973, and at the last hours opposition members returned to the assembly and they were welcomed by government benches. To adjust their demands the following seven articles; 7, 85, 86, 123, 124, 229 and 230 were re-opened.122

Speaking on the constitution, Maulana Kausar Niazi said that the period of pious caliph could not be brought back because they were directly trained by Prophet himself and those who claimed that they would revive the system of pious caliphate, merely tried to exploit the emotions of people to pave way for their own rule.123 He further told in critical mode, that the Ulama-who were not calling constitution as an Islamic only on the ground that the decisions of council of Islamic Ideology would not be binding on government-that there was no papacy in Islam.124 He accused Ulama of promoting sectarianism by demanding separation between public law and personal law. He opined that Ulama lacking true understanding of Islam as in Islam there was no sect but only schools of thought while they believed in sects.125

Abdul Hafeez Pirzada delivering the final speech as law minister “No document can be a perfect document, no human being is capable to make a perfect document, and there is no such thing as a model draft constitution”.126

In the final speech President Zulfikar Ali Bhutto expressing his views said, “Many speeches have been made on the constitution…. I doubt if any other country in the world has seen as this nation has seen in trying to evolve for itself the basic law…. I, therefore, tried to keep the doors open for our friends in the opposition throughout this period of time…. I was to enter the chamber at half past eleven to say these few final words on the constitutional bill, I was told that the opposition would like to discuss with me certain matters, I welcomed them into my chamber as well.”127

Many a members, including Shah Ahmad Noorani and Prof. Ghafoor Ahmad wrote notes of dissent on constitutional report; it was stated by government a breach of constitutional accord. At this opposition threatened the boycott of Constituent Assembly. Article 2 was highly debated in the assembly as Ulama wanted to Islamize the state and ruling party to legalize its socialism through it. Demands of Ulama were rejected and socialism was accepted the basis of economy. Further in the chapter of fundamental rights Ulama specially from JUI focused to secure more and more Islamic concessions. Except a few nominal amendments all other demands of Ulama were rejected

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because government members were the view that in the presence of provision that no law repugnant to Quran and Sunnah would be enacted, there was no need of amendments to other articles. However government’s this claim seemed baseless because all important Islamic provisions were jotted in the chapter of principles which was not justice-able.

In the amid of constitutional proceeding the opposition formulated UDF, and went on boycott, however its boycott was not very effective as many opposition members, including Maulana Ghulam Ghous Hazarvi and Maulana Abdul Hakeem did not took part in boycott and continued their effort to Islamize the constitution through their bunch of amendments. However Bhutto invited the opposition and accepted their many important amendments specially the deletion of article 2-A and others. But opposition joined the session at the very last moment and was able to get maximum concessions; on the last hours seven articles were amended including article 229 and 230 that made the government responsible to consider the report of Islamic Council.

Constitution was very much applauded by government for fulfilling many of its promises, but Ulama still did not considered it to present the as show peace . Unanimous constitution was a big achievement done by Bhutto, who went from pillar to post for a unanimous constitution. He even compromised his so called socialist ideas, and tilted from socialist to religious elements. It was also a big achievement for religious parties who had been badly defeated in the election, and now through their unflinching struggle they were able to achieve an Islamic Constitution to great extant. Opposition continued to assert its pressure for the implementation of the constitution as early as possible. Process of Islamization continued and a number of other religious and social reforms were introduced during Bhutto era.

Conclusion:

This discussion explains that, during the process of constitution-making in 1973, both ulama (Islamic religious scholars) and politicians tried to assert their pressure on each other through different religious and social slogans. Ulama did not allow politicians to enter into their field and also tried to assert their authority into political matters, on the other politician and ruling party tried to assert their authority in religious domains through social and religious reforms and they tried to outwit Ulama even from domain of religion.

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Any attempt of modernization was denoted as the threat to Islam by conservatives; Socialism was posed the greatest threat to Islamic society. From the socialists and from Bhutto, analogies were found between socialism and Islam to satisfy the masses and religious classes and policy of compromise was adopted for time being. Religious symbols were exploited both by religious parties and Pakistan People’s Party.

The consensus was adopted through compromise in which both the right winged opposition parties and Centrist-cum-leftist ruling party surrendered some of the points acting on the principle of give and take. At the occasions of discussion of religious provisions in the Constitution the CML and even some members of PPP supported the opinion of religious parties like JUI, JUP and JI. These parties most of the time gave their joint opinion. Interesting thing is that on some issues some MNAs from treasury benches also supported the views of religious parties. This led to the consensus and compromise over Islamic and Socialist ideas, both of which at the end resulted to fade away.

Notes and References                                                             1 Afzal Iqbal, Islamization of Pakistan (Lahore: Vanguard Books, 1986). 2 Husain Haqqani, Pakistan between Mosque and Military (Lahore: Vanguard Books, 2005). 3 Shaukat Ali, Pakistan: a Religio-Political Study (Islamabad: National Institute of Historical and Cultural Research, 1997). 4 Syed Mujawar Hussain Shah, Religion and Politics in Pakistan (1972-88) (Islamabad: National institute of Pakistan Studies Quaid-i-Azam University, 1996). 5 Article one was related to federation of Pakistan and the name of East Pakistan was not mentioned in it, so it was decided to discuss article 1 at the end. In order to enable the house to hold over article 1, rule 66 was suspended. For detail see The Draft Constitution of the Islamic Republic of Pakistan, presented on 31 December 1973. 3. & National Assembly Debates vol. II, No. 17 (9 March 1973): 978. 6 Leader of Jamiyat-ul-Ulema Pakistan (JUP), elected from Karachi VII (NW-134). 7 National Assembly Debates, Vol. II, No. 17 (9 March 1973): 983 8 Member of Jamiyat-ul-Islam (JUI), elected from Hazara II (NW-6). 9 Member of Jamiyat-ul-Islam (JUI), elected from Hazara I (NW-5). 10 Leader of Jamiyat-ul-Islam (JUI), elected from D.I Khan (NW-13). 11 Independent Member National Assembly elected from Lahore III (NW-60). 12 Independent Member National Assembly elected from Karachi VI (NW-133).

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                                                                                                                       13 Member, Muslim League (Council) elected from Sargodha IV (NW-42). 14 Leader, Muslim League (Council) elected from Gujrat I (NW-35). 15 Member, Jamaat-e-Islami, elected from Karachi IV (NW-131). 16 National Assembly Debates vol. II, No. 17 (9 March 1973): 996. 17 Independent Member National Assembly elected from Lahore VI (NW-63). 18 National Assembly Debates vol. II, No. 17 (9 March 1973):1004. 19 Member, Pakistan Peoples Party elected from Lahore IV (NW-61). 20 National Assembly Debates vol. II, No. 17 (9 March 1973):1005 21 Ibid., 1008. 22 Member, Muslim League (Qaiyum) elected from Sawat IV (NW-15). 23 National Assembly Debates vol. II, No. 17 (9 March 1973):1009, 1011. 24 Ibid., 1017. 25 National Assembly Debates, Vol. II, No. 18 (12 March 1970): 1018, 1019. 26 Member, Jamaat-e-Islami, elected from Karachi V (NW-132). 27 National Assembly Debates, Vol. II, No. 18 (12 March 1970): 1019. 28 Ibid., 1025. (Dawood and Adamjee were two big industrialist of Pakistan ) 29 Ibid., 1021-1025. 30 National Assembly Debates, Vol. II, No. 18 (12 March 1970): 1026. 31 Ibid., 1029, 1031. 32 Ibid., 1032. 33 Ibid., 1033. 34 Ibid., 1035. 35 Ibid., 1036 36 National Assembly Debates, Vol. II, No. 18 (12 March 1970): 1037, 38. 37 Leader National Awami Party, elected from Kalat II (NW-138). 38 Ibid., 1040. 39 Ibid., 1041. 40 He was the member of MLQ in the National Assembly, elected from Hazara III (NW-7). 41 Ibid., 1043. 42 Ibid., 1044. 43 Ibid., 1045. 44 These both Arabic words has same meaning “look at us” however raaina had some other senses of disrespect, as its meaning is also ‘our shepherd’, or arrogantly ‘pay heed to us’ and Jews of medina used this word for prophet in dis-respective meaning. So Allah forbid the use of word raaina for prophet, and order to use word unzurna which was used for seeking attention. 45 National Assembly Debates, Vol. II, No. 18 (12 March 1970): 1045, 1046. 46 Ibid., 1045, 1048-1049. 47 Ibid., 1045, 1050-51. 48 Ibid., 1063. 49 Ibid., 1063. 50 Ibid., 1066-1067. 51 Ibid., 1068. 52 Ibid., 1068, 1070-1072. 53 National Assembly Debates, Vol. II, No. 19 (13 March 1970): 1125.

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                                                                                                                       54 Ibid., 1176. 55 National Assembly Debates, Vol. II, No. 19 (13 March 1970): 1177, 1179-1181. 56 Ibid., 1186-1187. 57 Ibid., 1188-1189. 58 Ibid., 1193-1194. 59 National Assembly Debates , Vol. II, No. 20 (14 March 1973): 1253. 60 Ibid., 1253. 61 Ibid., 1253, 1254. 62 Ibid., 1255. 63 Ibid., 1256-1258, 1260. 64 Ibid., 1268. 65 Ibid., 1271-1272. 66 Ibid., 1273-1275. 67 National Assembly Debates, Vol. II, No. 21 (15 March 1973): 1296-1297. 68 Ibid., 1299. 69 Ibid., 1301. 70 Ibid., 1305. 71 Ibid., 1306-1307. Actually she had proposed that the following words-provided that these principles shall be guided to the interpretation of the constitution and other laws-be inserted into second clause of article 30. See page 1299 for detail. 72 National Assembly Debates, Vol. II, No. 21 (15 March 1973): 1308. 73 Ibid., 1310-1311. 74 Ibid., 1311, 1312. 75 Ibid., 1308, 1313. 76 He was the member of PPP in the National Assembly, elected from Lyallpur-VIII (NW-56). 77 Ibid., 1308, 1315, 1322. 78 Ibid., 1309, 1313-1314. 79 Ibid., 1318-1319, 1326-1327. 80 Ibid., 1359. (b) was about the free and compulsory education, (g) was for the prevention of evils like, prostitution, gambling, taking injurious drugs, printing, publication, circulation, and display of obscene literature, and advertisement, and (h) was for the prevention of alcoholic literature otherwise than for medicinal and, in the case of non-Muslim, religious purposes. 81 Ibid., 1360-1361, 1369. 82 Ibid., 1361, 1377-1378. 83 Ibid., 1373. 84 Ibid., 1364, 1375. 85 Ibid., 1365. 86 Ibid., 1367-1368, 1378, 1384. 87 Ibid., 1366. 88 Ibid., 1379-1380. 89 Ibid., 1382. 90 Ibid., 1386.

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                                                                                                                       91 Ibid., 1391-1397. 92 Ibid., 1403-1407. 93 National Assembly Debates, Vol. II, No. 22 (16 March 1973): 1413, 1424. 94 Ibid., 1414. 95 Ibid., 1422-1423. 96 Ibid., 1415. 97 Ibid., 1421. 98 Ibid., 1435-1436. 99 Ibid., 1443-1445. 100 Ibid., 1481-1483. 101 National Assembly Debates, Vol. II, No. 23 (19 March 1973): 1459-1460. 102 Ibid., 1518. 103 National Assembly Debates, Vol. II, No. 24 (20 March 1973): 1571, 1573. 104 Ibid., 1578, 1580. 105 National Assembly Debates, Vol. II, No. 24 (20 March 1973):1596-1997, 1599. 106 Ibid., 1603-1604. 107 Ibid., 1610-1611. 108 National Assembly Debates, Vol. II, No. 26 (22 March 1973): 1811, 1832. 109 Ibid., 1860, 1865, 1872. 110 National Assembly Debates, Vol. II, No. 26 (22 March 1973): 1880, 1884. 111 National Assembly Debates, Vol. II, No. 33 (7 April 1973): 2152-2155. 112 Articles from 227 to 230 contained provisions to bring all existing laws into conformity with Quran and Sunnah and not to allow being enacted which was repugnant to Quran and Sunnah. For this purpose a council of Islamic ideology comprising on 8 to 15 members, was to be constituted within 90 days of commencing day of the constitution and its members would have the knowledge of Islam and be appointed by president; two of them must have been judges of Supreme Court or high court, one of them would be appointed chairman, and four members must have been engaged in Islam research for 15 years. Their function was; to advise Parliament, provincial assemblies, president and governor in any Islamic matter which they might be referred, to make recommendation to bring existing laws in conformity with Quran and Sunnah, and to submit a final report within seven years and an annual report. The report whether it was interim or annual would be laid down in the in the parliament and provincial assemblies within six months after its submission, which would enact after considering it. (For detail see, Draft Constitution 1973, 102-105.) 113 National Assembly Debates, Vol. II, No. 33 (7 April 1973): 2235-2236. 114 National Assembly Debates, Vol. II, No. 33 (7 April 1973): 2242, 2243, 2245. 115 National Assembly Debates, Vol. II, No. 34 (8 April 1973): 2321-2322. The oaths of president and Prime Minster were similar in the Draft Constitution, both were to take the oath that they were true Muslims and they would strive for Islamic ideology and protect and defend the constitution of Islamic republic of Pakistan. The 1st paragraph which was more important, read as,“I,------------

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                                                                                                                       --------, do solemnly swear that I am a Muslim and believe in:-Unity and oneness of Allah the Almighty; Books of Allah, Quran being the last of them; Prophethood of Muhammad (peace be upon him) as the last of the prophets and there can be no Prophet after Him; The Day of Judgement; and All the requirements and teachings of Quran and Sunnah:” (For detail see the draft constitution 1973. 152-152) 116 National Assembly Debates, Vol. II, No. 35 (9 April 1973): 2331. 117 Ibid., 2341. 118 Ibid., 2346, 2348. 119 Ibid., 2385. 120 Ibid., 2387. 121 Ibid., 2430. 122 Ibid., 2454, 2457. 123 National Assembly Debates, Vol. II, No. 36(10 April 1973): 2436. 124 Ibid., 2438. 125 Ibid., 2439. 126 Ibid., 2463. 127 Ibid., 2465-2467.