Pakistan: a democratic parliamentary federal republic

Pakistan was created with the understanding by the people that once gets
established, it will be an Islamic State however Jinnah wanted Pakistan to be a
secular State. If we go back in time, Muslims were ruling India and everyone got
along together. British with their colonial and imperial agenda came to India in
the 1700's not as an invading force but rather as trading company [east India
company]. Soon the people of India fell into the trap of British, to the extent that
partition was proposed as a solution for the Muslims even though a lot of Islamic
Scholars were not in agreement with this idea. It was too little too late for any
reversal of the British plans to divide India. The whole landscape was changed
and Hindu was given the reigns of power. The tensions between Muslims and
Hindus grew and a separate nation state for the Muslims was thought to be the
only option. So it happened, Muslims lost the leadership of India and had to
resort to a piece of land allocated by the British. The intentions Jinnah proposed
to make Pakistan a secular State was in line with the plans of the British
otherwise it won't be possible to materialise the creation of a separate State ie
Pakistan. It was the colonial powers drawing up the maps and setting an imperial
agenda for all the Muslim lands. Without the permission of the colonialists no one
was able to run affairs according to their own will.

Pakistan was created but not without bloodshed. Kashmir was created but not
without bloodshed. Muslims still live in India but not without bloodshed. This is
exactly what the British envisage and desired. We can also blame the people of
Al-Hind of their political naivety which resulted in bloodshed and eventually land-
partitioning.

Some would argue that creation of Pakistan was a blessing in disguise ie creation
of Pakistan provided Muslims to establish a separate State through which people
enjoyed autonomy and made progress as a nation to the extent that it is now a
nuclear power.

Now in hind-side we can declare that the partition was a good thing but in reality
Muslims never had a choice but to separate because it was part and parcel of the
‘divide and rule’ policy of the colonialists. Majority of the Muslim scholars were
against the idea of partition however they were also not convinced of their rights
been secured under Hindu Raj.

Pakistan became an independent state in 1947. The first document that served
as a constitution for Pakistan was the Government of India Act, 1935. Officially a
federal republic, Pakistan has had a long history of alternating periods of
electoral democracy and authoritarian military government. Democracy and
dictatorship looks to be two side of the same coin. Things never went towards
betterment instead the condition of Pakistan transformed from bad to worse.

Under this backdrop the current generation of Pakistanis wish to change the
situation of Pakistan. Before working on an agenda to change the situation of
Pakistan, following misconceptions needs to be addressed:

Firstly, “constitution of Pakistan is Islamic and the problem lies with the corrupt
people”. Let see how Islamic is the system of Pakistan?

- A law can be passed if majority of the members of parliament agree on it

How can a constitution or a system be labelled as Islamic which believes in the

sovereignty of 51% to make laws?
Under Islam sovereignty belongs solely to Allah(saw) not to majority of the elite
class.

Allah(swt) says in the Qur’an:

"But no, by your Lord, they will not have Eman until they make you (O Prophet)
rule between them in that which they dispute, and they find in their souls no
resistance against your decisions, but accept them with the fullest conviction"
(TMQ 4:65).

"Indeed, we have revealed to you the book with the truth so that you may rule
between mankind by that which Allah has shown you" (TMQ 4:105).

"So rule between them by that which Allah has revealed, and follow not their
desires, but beware of them in case they seduce you from just some part of that
which Allah has revealed to you" (TMQ 4:49).

"Whosoever does not rule by that which Allah has revealed, they are disbelievers
(Kafiroon).....the thaalimoon (oppressors)....the fasiqoon (evil doers)" (TMQ 4.
5:44-47)

- The function of Islamic council is only is to advise if the law is repugnant to the
Injunctions of Islam, the House or, as the case may be, the Provincial Assembly,
the President or the Governor shall reconsider the law so made

Meaning, the recommendation of Islamic council is not bidding having said this it
seems as if we are working backwards in trying to incorporate Islam into Secular
Democracy.

-“According to the constitution of Pakistan, Pakistan is a sovereign country that

has its borders and its own rulers, non Pakistani cannot become the PM or
President of Pakistan”

Islam does not endorse fixed borders and give priority to nationality over
religion.

- Why Alcohol and interest(Riba) are not prohibited is Pakistan?

Because majority of the parliament has not agreed upon banning such practices.

- Is there such a thing called parliament in Islam which has the ability to make
laws without referencing Islam as a source of law?

Islam is a complete system of life and there is no concept of parliament in Islam

instead all the laws exists and mujtahids(not parlimentarians) deduce laws if any
new issues are faced.
- “Wherein the principles of democracy, freedom, equality, tolerance and social
justice, as enunciated by Islam, shall be fully observed"

Islam does not believes in all these secular influenced terms which have
subjective meaning defined by the ruling elites.

- Judicial system of Pakistan should be used to challenge any law which is

unislamic

The Judicial system of Pakistan does not have injunctions from Islam because its
not from Islam. Pakistan's judicial system stems directly from the system that
was used in British India.

Also the Federal Shariat Court of Pakistan has been setup to challenge any law
which is against the Quran and Sunnah. Famous example of the failure of such
entity is the Hudood Ordinance bill. Various Islamic Scholars were against
Hudood Ordinance bill however it was passed by the 2/3 majority of the
parliament.

Secondly, some people also suggest that in Pakistan the system is Islamic but
lack of accountability is the main issue. They further substantiate this argument
by giving examples of western countries in comparison to Pakistan.

Accountability or no accountability, the same secular democratic system allows

the following:

-interest-based economies

-same-sex relations

-gambling

-prostitution

-alcohol

-monopolies

-privatisation of natural resources

-above all rule of Allah(swt) gets relegated

Man-made secular systems do function and make progress however they

progress towards Jahannum (Hellfire)".

One thing needs to be highlighted here, when Western powers invade Muslim
countries like Iraq and Afghanistan, the first thing they focus on is the restoration
of their constitution. Once the constitution is set to their liking then everything
gets measured accordingly in the country. So establishment of democratic
Governments in the Muslim world is in the favour of Western Powers because US
can then dictate laws, which suits their own agenda. Subsequently we have to
ask; is the source of our constitution Quran or Sunnah, if not then we are
shooting ourselves on the foot by implementing and living under man-made
laws. In Islam only Allah(swt) reserves the right to legislate laws.

In conclusion, it is important to understand the role of the individual and role of

the state. These roles cannot and should not be interchangeable. It is truly
state’s responsibility to ban unislamic traditions and support Islamic values
because only state can make policies not the people of Pakistan. Individuals are
influenced by the society not the other way around. If the whole society is build
upon the man-made secular viewpoint coupled with artificial Islamic flavouring
then how can individuals live under such a system and protect themselves from
the evils of such a system? The only two options remain; either we live with the
reality and remain pragmatists or work to change the reality radically to suit
Islam.