Lesson04: Islamic Provisions of the 1973 Constitution

Lesson 29/61 | Study Time: 30 Min
Lesson04: Islamic Provisions of the 1973 Constitution

i. Sovereignty of Allah Almighty



The Preamble of the Constitution was framed on the basis of the Objectives Resolution. The Preamble opens with "Bismillah-hir-Rahman-nir- Raheem" and continues with these words: 



"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..." 



 



The Objectives Resolution did not form a justiciable part of the text of the Constitution. It pronounced just the moral responsibilities of the state of Pakistan and not its legal obligations. Under the 8th amendment (1985) the Resolution was made a justiciable part of the text of the Constitution, the amendment has, so for, failed to produce anything substantial because of a serious lacuna it had. It was not made clear that if the state fails to fulfill the obligation set out in the Objectives Resolution, what legal remedies shall be available to the people of Pakistan for seeking redress. 



ii. The Islamic Republic



The State was proclaimed an Islamic Republic. 



iii. State Religion



For the first time in the constitutional history of Pakistan, Islam was clearly proclaimed to be the religion of the state. Constitutions of 1956 and 1952 were silent on this point. 



iv. Muslim Heads of the State and Government



Only a Muslim can be elected to the offices of the President and the Prime Minister. Under the 1956 Constitution this condition applied to the President only and not to the Prime Minister. In the 1962 presidential constitution office of the prime minister did not exist: 



v. Definition of the Muslim



This was for the first time in Pakistan that a constitution defined "Muslim" in unambiguous terms. This definition was incorporated as a part of the oath of office to be administered to the President and the Prime Minister under third schedule of the Constitution. Under this definition a person who did not believe in the finality of Hazrat Muhammad Rasool- Ullah ceases to be a Muslim. This point was further clarified by the constitutional amendment declaring Lahori and Qadiani Sects of Mirzais as non-Muslim minorities. 



vi. Establishment of an Islamic Society



The Preamble of the Constitution says that the people of Pakistan aspire to establish a system based on the Islamic principles of democracy, tolerance, freedom, equality and social justice. The Principles of Policy enunciate that steps will be taken to enable the people of Pakistan to order their lives in accordance with the Islamic injunctions. Article 227 of the Constitution further adds that all present laws shall be brought in conformity with the tenets of Islam through amendments, and no law, repugnant to the spirit of Islam, shall be passed in future. 



The Principles of Policy further envisage that the state shall try to make the learning of the Holy Quran and Islamic education compulsory, encourage the learning of Arabic, and ensure error-free printing of the Holy Quran. 



vii. Preservation of Islamic Institutions and values



Under the Principles of Policy the state has been held responsible for the proper organization of zakat, auqaf and masaajid, provision of the necessities of life to the destitute and the necdy, improvement of the working conditions of the laborers, and the elimination of vices like ignorance, usury, prostitution and gambling. 



viii. Affirmation of the Pakistan Ideology



The Prime Minister by virtue of his oath (under schedule III), is duty bound to preserve the Islamic ideology, which, according to the Constitution, forms the basis of the creation of Pakistan. 



ix. The Council of Islamic Ideology



The Constitution provides for the establishment of a Council of Islamic Ideology. The Council shall be constituted of the experts of Islamic Shari'ah and jurisprudence. In order to bring all laws, present and prospective, in conformity with Islam, the Council shall provide guidelines and make recommendations to the legislative assemblies, the President and the Prime Minister. 



x. Solidarity with the Muslim World



Principles of Policy envisage that the state shall establish friendly relations with the Muslim countries of the world on the basis of Islamic fraternity. 



 



 



 



 

Aamir Khan

Aamir Khan

Product Designer

Class Sessions

1- Lesson 01: Ideology 2- Lesson 02: Components of the Pakistan Ideology 3- Lesson 03: Pakistan: The Outcome of Sustained Muslim Efforts 4- Lesson 04: The Aligarh Movement 5- Lesson 05: Establishment of the All India Muslim League 6- Lesson 06: The Khilafat Movement: Events and Outcomes 7- Lesson 07: Khilafat Movement: Results and Consequences 8- Lesson 08: The Pakistan Resolution 9- Lesson 09: The Cripps Mission 10- Lesson 10: Election 1945-46 11- Lesson 11: The Cabinet Mission Plan 12- Lesson 12: The Simla Conference 13- Lesson 13: The Third June Plan 14- Lesson 14: Indian Independence Act 15- Lesson 01: Background of Initial Problems 16- Lesson 02: Problems of the New Born State of Pakistan 17- Lesson 03: Accession of the Princely States 18- Lesson 04: Efforts for Resolving the Problems 19- Lesson 05: National Solidarity and Stability 20- Lesson 01: Location 21- Lesson 02: Temperature Zones 22- Lesson 03: Imbalanced Economic Growth and Regional Disparities 23- Lesson 05: Tourist Attractions in Pakistan 24- Lesson 06: Map-Reading 25- Lesson 04: Pakistan's Geo-Strategic Position 26- Lesson 01: The Objectives Resolution 27- Lesson 02: Islamic Provisions of the 1956 Constitution 28- Lesson 03: Islamic Provisions of the 1962 Constitution 29- Lesson04: Islamic Provisions of the 1973 Constitution 30- Lesson 05: Steps towards Islamization (1949-1977) 31- Lesson 06: Steps towards Islamization (Since 1977) 32- Lesson 07: Rights and Responsibilities (Duties) 33- Lesson 08: Human Rights 34- Lesson 09: Fundamental Human Rights Adopted by the UN 35- Lesson 01: Administrative Structure of Pakistan 36- Lesson 02: Organs of the Federal Government and their Functions 37- Lesson 03: Provincial Governments: Their Powers and Functions 38- Lesson 04: Concept of Good Governance in Islam 39- Lesson 01: Culture of Pakistan 40- Lesson 02: Important Ancient Sites of Cultural Significance 41- Lesson 03: Important Buildings of the Muslim Period 42- Lesson 04: Common Characteristics of the Pakistani Culture 43- Lesson 05: Gender Equity: Issues and Problems 44- Lesson 06: Rights of Women in Islam 45- Lesson 07: Policies for Women Participation In Socio-Political Affairs of Pakistan 46- Lesson 01: Languages of Pakistan 47- Lesson 02: CHARACTERISTIC FEATURES OF URDU 48- Lesson 03: Regional Languages of Pakistan 49- Lesson 01: MEANING OF NATIONAL INTEGRATION 50- Lesson 02: Significance of National Integration in an Islamic Democratic State 51- Lesson 03: Problems of National Integration in Pakistan 52- Lesson 01: What is planning? 53- Lesson 02: Economic Planning in the Light of Five Year Plans 54- Lesson 03: Economic Planning in Pakistan: a Bird's Eye View 55- Lesson 01: WHAT IS FOREIGN POLICY? 56- Lesson 02: Factors Determining the Foreign Policy of Pakistan 57- Lesson 03: Pakistan's Foreign Relations with China 58- Lesson 04: Islamic Republic of Pakistan and India 59- Lesson 05: Islamic Republic of Pakistan and Iran 60- Lesson 06: Islamic Republic of Pakistan and Afghanistan 61- Lesson 07: Islamic Republic of Pakistan and Saudi Arabia