What is Constitution Constitution is a set of

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What is Constitution? Constitution is a set of laws/principles may be written or unwritten

What is Constitution? Constitution is a set of laws/principles may be written or unwritten on which a country is acknowledged to be governed. The system of fundamental laws and principles that prescribes the nature, functions, and limits of a government or another institution. body of rules which regulates the system of government within a state.

Cont…. . In Muslim states, particularly Pakistan, laws are not derived from the constitution

Cont…. . In Muslim states, particularly Pakistan, laws are not derived from the constitution but from the Almighty Allah who has revealed them in his book and which have been interpreted and explained by Holy Prophet Mohammad ( )ﷺ through his sayings. Conduct and actual practice. For practical purpose we can assume that laws which are not repugnant to the holy Quran and Sunnah have to be framed under the authority of the constitution and cannot be antagonistic to its command spirit.

Forms of Constitution Written Unwritten Partly written

Forms of Constitution Written Unwritten Partly written

Islamic point of view about constitution The first Muslim constitution was promulgated by the

Islamic point of view about constitution The first Muslim constitution was promulgated by the holy prophet of Islam Mohammad ( )ﷺ when he migrated to Madina and foundation was laid for the government of a city state. This constitution was framed and put into effect with the full consensus of not only the followers of the prophet Mohammad ( )ﷺ but also had the concurrence of the Jews and other nonconverts.

Indian Act 1935 Indian Independence act 1935

Indian Act 1935 Indian Independence act 1935

Constitution making 1947 to 1956 The modified Government of India Act (1935) became the

Constitution making 1947 to 1956 The modified Government of India Act (1935) became the Interim Constitution of Pakistan in 1947. The Constituent Assembly (CA) was given the task of framing the Constitution.

Constituent Assembly Pakistan's first Constituent Assembly came into being on July 26, 1947 and

Constituent Assembly Pakistan's first Constituent Assembly came into being on July 26, 1947 and its inaugural session was held on August 10, 1947. On March 12, 1949, the Constituent Assembly adopted the Objectives Resolution, enumerating the ideals on which the future Constitution had to be formulated. The Assembly also appointed on the same date a Basic Principle Committee (BPC) to work out the principles on which the Constitution was to be drafted.

Objective Resolution The Objectives Resolution was a resolution adopted on March 12, 1949 by

Objective Resolution The Objectives Resolution was a resolution adopted on March 12, 1949 by the Constituent Assembly of Pakistan. The resolution, proposed by the Prime Minister, Liaquat Ali Khan, proclaimed that the future constitution of Pakistan would not be modeled entirely on a European pattern, but on the ideology and democratic faith of Islam.

Objective Resolution

Objective Resolution

Objective Resolution - Principles 1. Sovereignty over the entire universe belongs to Allah Almighty

Objective Resolution - Principles 1. Sovereignty over the entire universe belongs to Allah Almighty alone and the authority which He has delegated to the state of Pakistan, through its people for being exercised within the limits prescribed by Him is a sacred trust. 2. This Constituent Assembly representing the people of Pakistan resolves to frame a constitution for the sovereign independent state of Pakistan. 3. The state shall exercise its powers and authority through the chosen representatives of the people.

Objective Resolution - Principles 4. The principles of democracy, freedom, equality, tolerance and social

Objective Resolution - Principles 4. The principles of democracy, freedom, equality, tolerance and social justice, as enunciated by Islam, shall be fully observed. 5. 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. 6. Adequate provision shall be made for the minorities to freely progress and practice their religions and develop their cultures.

Objective Resolution - Principles 7. Pakistan shall be a federation and its constituent units

Objective Resolution - Principles 7. Pakistan shall be a federation and its constituent units will be autonomous. 8. Fundamental rights shall be guaranteed. They include equality of status, of opportunity and before law, social, economic and political justice, and freedom of thought, expression, belief, faith, worship and association, subject to law and public morality. 9. Adequate provisions shall be made to safeguard the legitimate interests of minorities and backward and depressed classes. 10. The independence of the judiciary shall be fully secured.

Constitution of 1956 The main points of this constitution are as follows: Sovereignty belongs

Constitution of 1956 The main points of this constitution are as follows: Sovereignty belongs to Allah Pakistan was to be Federal Republic based on Islamic Ideology. A detailed and comprehensive list of fundamental rights with an Independent Judiciary was provided in the constitution. The system of the Parliamentary Form of government was adopted both at the Centre and in the provinces. There was distribution of powers between the Centre and the provinces.

 The constitution provided for Pakistan, wherein equality between East and West wings had

The constitution provided for Pakistan, wherein equality between East and West wings had been maintained. For the distribution of subjects between the centre and the provinces, three lists of subject had been drawn up. There was a special procedure to be adopted for the amendment of the constitution, yet it was the least rigid constitution. It was reasonably flexible. It had provided for two National languages Urdu for the West Pakistan and Bengali for the East Pakistan.

 Instead of double citizenship, one citizenship system was provided for the Federation of

Instead of double citizenship, one citizenship system was provided for the Federation of Pakistan. The constitution was silent as to be method of conducting elections both for the Central and the Provincial legislatures. And finally, there were the Islamic characters of the constitution.

Constitution of 1956 Pakistan was to be federal republic based on Islamic Ideology. A

Constitution of 1956 Pakistan was to be federal republic based on Islamic Ideology. A detailed and comprehensive list of fundamental rights with an Independent Judiciary was provided in the constitution. The system of the parliamentary form of government was adopted both at the Centre and in the provinces. There was distribution of powers between the Centre and the provinces. The constitution provided for Pakistan, wherein equality between East and West wings had been maintained.

Islamic provisions of the 1956 constitution The name of the country will be Islamic

Islamic provisions of the 1956 constitution The name of the country will be Islamic republic of Pakistan. The preamble of the constitution embodied the sovereignty of God Almighty. The Head of the State shall be a Muslim. Islamic Advisory Council shall be set up. No Law detrimental to Islam shall be enacted

ISLAMIC PROVISIONS OF 1973 CONSTITUTION

ISLAMIC PROVISIONS OF 1973 CONSTITUTION

INTRODUCTION • On 7 th April, 1972 the national assembly of Pakistan appointed a

INTRODUCTION • On 7 th 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 19 th April, 1973 and at last the constitution came into force on 14 th 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.

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

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

2. State Religion Islam shall be the state religion 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

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.

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 a Muslim.

5. A Muslim to be a President and Prime Minister The constitution laid down

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

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

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

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

9. Strengthening Bond, with Muslim World The state shall endeavour to strengthen fraternal relations

9. Strengthening 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 council of Islamic Ideology which shall

10. Council of Islamic Ideology There is a council 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

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

12. Learning of Arabic Language It is also declared in the constitution that special

12. Learning of Arabic Language It is also declared in the constitution that special facilities shall be provided for the learning of Arabic languages.

13. Protection of Islamic Values It is also stated in the constitution that Islamic

13. Protection of Islamic Values It is also stated in the constitution that Islamic values shall be protected in the country.

14. Oath to Project and Promote Islamic Ideology The federal and Provincial Ministers, the

14. 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.

15. Proper Organization Of Zakat, Auqaf and Masjid The state shall Endeavour, as respects

15. Proper Organization Of Zakat, Auqaf and Masjid The state shall Endeavour, as respects the Muslim of Pakistan secure the proper organization of zakat, Auqaf and Masjid.

16. Existing Law shall be Brought into Conformity with Islam: An important Islamic provisions

16. Existing Law shall be Brought into Conformity with Islam: An important Islamic provisions declared that no law shall be enacted which is repugnant to the injunctions of Islam as laid down in the holy Quran and the Sunnah and that existing laws shall be brought into conformity within injunction of Islam as laid down in the holy Quran and Sunnah.

17. Interest Free Banking It was emphasized in the constitution that all steps will

17. Interest Free Banking It was emphasized in the constitution that all steps will be taken to introduce interest free banking system in the country in the light of Islam.

18. Ahmadi's: A Non Muslim Minority According to the second amendment of 1973 constitution,

18. 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.

19. Protection of Minorties: The State might protect the real rights and interest of

19. Protection of Minorties: The State might protect the real rights and interest of minorities.

20. Welfare State In the constitution of 1973 the concept of a welfare state

20. Welfare State In the constitution of 1973 the concept of a welfare state has been adopted according to Islamic teachings.

CONCLUSION The 1973 constitution enlisted the main principles of State Policy Maximum efforts were

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.

THANK YOU

THANK YOU