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JUDICIARY AND LEGAL SYSTEMT
The gradual process of Islamization of the judicial system and law started on 12 Rabi-ul-Awwal 1399 AH (Feb. 10, 1979) followings important steps were taken:
i. Islamic penalties were imposed on the crimes like drinking, stealing, adultery and false allegation of adultery.
ii. A Federal Shari 'at Court was established at Federal level, its status was equal to that of the High Courts. Ulama and the experts of Islamic jurisprudence were appointed as judge at this Court.
iii. Un-Islamic practices in the court procedures were abolished.
iv. Feeling that the successful implementation of the Islamic law cannot be made possible without the help of experts trained especially for this purpose, a Shari'ah Faculty and an Islamic University was established in Islamabad. Qazi classes were started in the institutions of religious learning.
v. The Objectives Resolution was made a justiciable part of the Constitution.
FINANCIAL MATTERS
i. Nizam-e-Zakat was introduced in the country on June 20, 1980, First contribution worth Rs. 2.25 billion was made by the government itself.
ii. From January 1st 1981, banks and other financial institutions started a programme of operating interest-free economy, interest from. certain categories of banking practices was eliminated as the first step.
iii. Collection and distribution of Ushr started from the Rabi crop in 1983.
REVIVAL OF THE RELIGIOUS SPIRIT
Architects of the Islamization programme felt that an Islamic state cannot be established merely by implementing certain pieces of law and by passing certain executive orders. They were aware that the concept of a real Islamic state can materialize only in a society, truly Islamic in character. To give the society an Islamic colour and character following important steps were taken:
i. Congregational Zuhr prays were made compulsory in all government institutions.
ii. Taking food and drinks at public places was strictly prohibited during the month of Ramazan.
iii. Insulting or passing derogatory remarks about the Pious Caliphs and members of Hazrat Muhammad Rasool Ullah's house hold (Ahl-e-Bait) was made a penal offence.
iv. With a purpose to fight the vices like illegal gratification, corruption and inefficiency of the government functionaries, a new office of Ombudsman (also known as the Wifaqi Mohtasib) was created in the federalgovernment.
v. Radio and television started broadcasting 'Azan', interposing their routine transmissions.
EDUCATION
i. Islamic Studies was made a compulsory subject for all examinations up to Degree level.
ii. In order to enhance the prestige of the ulama in the society, higher degrees of the religious institutions were recognized to be at par with BA and MA degrees.
iii. Religious teachers in the Armed Forces, for the first time, were given the status of commissioned officers.
iv. A Masjid Maktab Scheme was introduced for the Islamization of education system at elementary level.
v. Fiqh (Islamic Jurisprudence) was introduced as a compulsory subject for law graduated.
BUILDING OF THE ISLAMIC NATIONAL SPIRIT
i. Pakistan Studies was introduced as a compulsory subject.
ii. Wearing of the national dress was encouraged and in some cases made compulsory in the courts and other government institutions.
iii. President Zia-ul-Haq established the tradition of delivering formal addresses in the national language and encouraged people to speak Urdu.
ISLAMIZATION OF THE ELECTRONIC MEDIA
i. Radio and television were used for the promotion of national spirit and for the building of Islamic image of the nation.
ii. Indecent and un-Islamic programmes were banned on the media.
iii. Television and radio were used for the teaching of the Holy Quran and Arabic.
iv. Regular practice of live Hajj transmissions and other important religious events was started.
v. Number and duration of the religious programmes broadcast by radio and television was greatly increased.
SHARI'AH BILL
In the year 1991 the Parliament passed a Shariah Bill. The Bill was initiated with the purpose of implementing Islam as the effective and justiciable law of the land. It was held that the Bill would be a step forward from the previous practices of making high sounding proclamation and adding certain fruitless clauses to the constitutional texts.
Obstacles Interposed in the Way of Islamization
The Objectives Resolution was passed in March 1949. All the basic principles required for making Pakistan an Islamic state were incorporated in the text of this Resolution. We have already studied that all the three constitutions of Pakistan (1956, 1962, 1973) conformed to the basic principles laid down in the Objectives Resolution and provided all constitutional moorings required for keeping the ship of the state in Islamic waters. We can claim today that Pakistan has an excellent Islamic Constitution, but there are certain" questions which remain yet to be answered. Have Constitutional provisions succeeded in making Pakistan an ideal Islamic state and establishing a perfect Muslim society, are we making some real progress towards the attainment of our cherished ideals. The answer is probably in the negative. We have a long way to go, selfless efforts we need to put and every citizen has to play a role.
We must admit that the strategy of Islamization, we adopted in the past, had many shortcomings. Islamic state emerges out of an Islamic society. Only a people with real Islamic character and committed to total subservience to Allah's commandments can form a society truly Islamic in character, Character building is a democratic process and requires an enormous amount of sustained but reticent labour. Major components of this struggle are; education, purification of soul and calling people to the right path by invoking their reason and sense of judgment. This, of course, is to be done through peaceful persuasion and opinion forming. When an Islamic society is formed, the state that emerges, as a natural corollary of the political process that takes place in this state, is democratic and Islamic in essence. In a democratic society, law is considered to be the reflection of the "general will" of the society and not vice versa. Laws do not create societies, societies create laws. An Islamic state cannot be created merely by proclaiming or implementing certain constitutional or legal instruments. True, that laws do not create states or societies, but they can certainly play a role in helping the states and societies express their "general will" effectively.
It was as early as the third year of prophethood that Hazrat Muhammad Rasool Ullah was offered the overlordship of Makkah by the Quraish. Hazrat Muhammad Rasool Ullah turned down the offer, probably because, at that time, he did not command the support of the majority of people in Makkah. Number of the Muslims in the city was extremely meager as compared to the non-believers, and Hazrat Muhammad Rasool Ullah knew that no state can be transformed into an Islamic state by mere implementation of law or exercise of administrative authority, and that a state legislating against the "general will" of the people is bound to fail. Hazrat Muhammad Rasool Ullah adopted the strategy of converting the people through education and da'wa (opinion forming and persuasion through peaceful means). Following the path of Hazrat Muhammad Rasco! Ullah, in true order of things, the task of imparting Islam should come before implementing Islam, and the difficult task of creating an Islamic society should precede the establishment of an Islamic state. Trying to form an Islamic state in an un-Islamic society is like starting to build an edifice from the top. If we are really serious about or professions regarding the establishment of an Islamic state, we should take up the task of building a nation spiritually sound and morally strong. This is an enormous task which can only be accomplished through education and da'wa and not merely through coercion or authoritative measures.
