- The two contain similar Islamic provisions
By: Dr Rajkumar Singh
The founders of Pakistan had thought about the application of Islamic principles in the new state, but they were essentially Westernised secularists, who treated the Islamist parties as nuisances, to be placated with occasional concessions. However in both the 1962 and 1973 Constitutions definite provisions were made to give the structure a pro-Islamic theme. Part X of the constitution of 1962 made a mandatory provision for the establishment of an Advisory Council of Islamic Ideology. The Council was to consist the number of members neither less than five nor more than 12, as the President decided. The members were to be appointed by the President on such terms and conditions as he might decide. The functions of the Council were to make recommendations to the Central Government and the Provincial Governments as to the means of enabling and encouraging the Muslims of Pakistan to order their lives in all respects in accordance with the principles and concepts of Islam and to advise the National Assembly, the Provincial Assembly and the President, or the Governor on any question referred to it. Further under Article 270 of the Constitution, an Islamic Research Institute was provided whose members were to be appointed by the President. Its duty was to undertake Islamic research and instruction in Islam for the purpose of assisting in the reconstruction of Islamic society on a truly Islamic basis.
Ideological themes of 1962 Constitution: Except for minorities such as Hindus and Christians, the promulgation of the first Constitution of Pakistan was a disappointing one. Ayub received most of the congratulations from his basic democrats who had much vested interest in the new system. Maulana Ghulamullah, who later became the Ulema to the President, said that he had not congratulated the President on the Constitution and that the document left much to be desired from the Islamic standpoint. Undoubtedly, the President performed an act of courage in that he did not seek to appease the orthodox by providing that all laws should be in conformity with the Quran and Sunnah. Only the more or less universally accepted Islamic principles were made the yardstick for assessing the laws. The non-Muslims were in theory guaranteed the right to profess, practise, and even propagate their religion, though this clause caused some heartburning among the diehard supporters of Islam. Christians, in particular, heaved a sigh of relief on seeing the Constitution as it put an end to the practice in some Karachi schools of compulsory Christian religious instruction to non-Christian pupils. It also made it obligatory for all schools to provide for the teaching of the Quran and Islamiat for all Muslim students. The Hindu population of West Pakistan praised the Constitution while the Hindus of the East mostly refused to comment. It seemed that they were either indifferent or were with the mainstream of non-conformist opinion.
He fulfilled the religious demands before his hand was forced, and as one of his opponents remarked, “Mr. Bhutto is the biggest maulana of them all. In fact he should be called ‘Maulana Larkanvi’ ”
Cementing of Islamic tenets in 1973: The 1973 Constitution was prepared in the background of the debacle of its Eastern Wing, resulting in the handing over of power to Zulfikar Ali Bhutto. His was the first elected government in the history of Pakistan. Under this constitution vast fundamental rights were given to citizens without any distinction on the basis of sex, caste, religion etc. In the sphere of religion, as mentioned in Part II, every citizen was free to profess, practise and propagate his religion. Even religious denomination and every sect thereof were to have the right to establish, maintain and manage its religious institutions. But like the 1962 Constitution, sufficient Islamic provisions were inserted in Part IX. It provided that all existing laws be brought in conformity with the injunctions of Islam as laid down in the Holy Quran and Sunnah and referred to as the injunctions of Islam. No law was to be enacted repugnant to such injunctions. A Council of Islamic Ideology was retained, but increased in size to between eight and 15, with functions, more or less the same as in the 1962 Constitution. In the 1973 Constitution it was specified that Islam would be the state religion, and the head of state a Muslim.
Despite the fact that Bhutto and his government represented the people of Pakistan in a democratic way, within months of the assumption of the coming of the new dispensation, orthodox fundamentalists began to overpower the government. Within months of Taking power Bhutto allowed a record number to go for Haj. He made Friday the weekly holiday, founded various government organisations for propagating Islamic teaching, encouraged the Arabic language and introduced the Quran into school curricula. On 22 February 1974 Bhutto organised the historic Islamic Summit at Lahore. He fulfilled the religious demands before his hand was forced, and as one of his opponents remarked, “Mr. Bhutto is the biggest maulana of them all. In fact he should be called ‘Maulana Larkanvi’ ”.
In the latter part of his rule Bhutto began to work under pressure of the conservative forces to stay in power. It was clearly due to their influence that the Ahmadiya community was declared in 1974 a non-Muslim minority. Though Ahmadiya are settled all over the world, they live mostly in Punjab. They also live in India peacefully with Hindus but the Gurdaspur district of Punjab (India) has been their headquarters since 1891. Ahmadiyas also called Qadianis, as their founder, Mirza Ghulam Ahmed belonged to Qadian near Gurdaspur.
There was an incident at the Multan Railway station, which culimmnated in the demand that Ahmadis be declared non-Muslim. Bhutto was not a bigot and the incident left an unpleasant taste in his mouth. The question was thrown to the National Assembly which overwhelmingly declared them a non-Muslim minority. That was a decision that far more conservative political regimes had resisted in the face of much greater pressure. As regard to fundamentalists, Bhutto adopted a policy of appeasement and in 1977, banned serving of alcohol, closed casinos and nightclubs, prohibited gambling and all social activities as prescribed in Islam. Just to stay in power he tried ‘Islamist tactics’ in a crude, mechanical fashion, giving clear preference to conservative forces over democratic and secular principles. However, these steps failed to keep control over post-election unrest in Pakistan and ultimately there was a military take-over under Gen Ziaul Haq, the Chief of Army Staff, who assumed power on5 July 1977.
The writer is head of the political science department, B.N. Mandal Unversity, Madhepura, Bihar, India. He can be reached at: [email protected]
