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Has Ayaz Amir violated Bhutto’s Islamic Constitution?
ISLAMABAD: Zulfikar Ali Bhutto, the father of the Pakistan People’s Party and the author of the 1973 Constitution, has been taking pride in the Islamic Constitution of Pakistan, which according to Bhutto, not only safeguards the Islamic polity but also contains the essence of an Islamic order.
Just before the adoption of the 1973 Constitution, the then PPP chairperson and top ruler Zulfikar Ali Bhutto in his National Assembly speech had said that there is no other Constitution in any country of the world that has more Islamic provisions than the Constitution of Pakistan. Bhutto, in the same speech, had declared the Islamic provisions as one of the fundamentals of the Constitution and talked of the “safeguards of the Islamic polity”. Thursday’s disqualification of PML-N’s former MNA and columnist Ayaz Amir, reportedly for opposing the Islamic ideology, is bound to generate a debate in the media over the ideology of Pakistan. Many commentators in the media are out to hit the returning officer over this but the Constitution of Pakistan and the nomination paper clearly reject the entry into parliament of anyone who opposes the Islamic ideology of Pakistan. Although, General Ziaul Haq is generally blamed for Islamising the constitution of Pakistan through his dictatorial order, the fact of the matter is reflected by ZAB’s statement: “It (the constitution) contains more Islamic provisions than any of the past constitutions of Pakistan as well as any of the other constitutions of Muslim countries, other than monarchist Muslim countries. But, nevertheless, even if you compare them with monarchist Muslim countries, you will find that it contains more provisions of Islam than any previous constitution in Pakistan....” In his speech, he also defined the fundamentals of the constitution by asking the members: “So this Constitution, my friends, which is democratic, which is federal, which contains the salient essence of Islamic order and safeguards the Islamic polity, this Constitution which provides for the independence of the judiciary, this Constitution which provides for the fundamental rights for the citizens and has provisions for amendments which are untenable, in these circumstances, I fail to understand why we should not approve of it wholeheartedly, vigorously, with the same enthusiasm we show when we differ, the same vitality that we demonstrate when we quarrel....” While many now even in the PPP undermine the fundamental importance of Islamic provisions, ZAB had said, “After 25 years we have, after many disputes and quarrels, come to a point where we can say that we have a fundamental law; we have a Constitution and nobody can deny that this Constitution does represent the will of the people of Pakistan; nobody can deny that this Constitution is a democratic Constitution by any definition of democracy; nobody can deny that it is a federal Constitution; nobody can deny that the is settlement over the quantum of autonomy and thank God for that; nobody can deny that it is an Islamic Constitution; it contains more Islamic provisions than any of the past constitutions of Pakistan as well as any of the other constitutions of Muslim countries, other than monarchist Muslim countries. But, nevertheless, even if you compare them with monarchist Muslim countries, you will find that it contains more provision of Islam than any previous constitution in Pakistan....” Shortly after this historic speech of ZAB, the Constitution of Pakistan was unanimously adopted by the constituent assembly. According to the Article 62(g), which was made part of the constitution during Zia era but endorsed by the previous Parliament in the 18th amendment, a person is not qualified to become member of Parliament/provincial assembly if “he has, after the establishment of Pakistan, worked against the integrity of the country or opposed the ideology of Pakistan”. The nomination paper seeks from every candidate to solemnly swear that: “I will be faithful to the declaration made by the founder of Pakistan Quaid-i-Azam Muhammad Ali Jinnah that Pakistan would be a democratic state based on Islamic principles of social justice. I will bear true faith and allegiance to Pakistan and uphold the sovereignty and integrity of Pakistan and that I will strive to preserve the Islamic ideology which is the basis for the creation of Pakistan.” http://images.thenews.com.pk/05-04-2...ws/t-22078.htm |
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