Do we Need a new constitution?

Background
Two Nation Theory, the basis of the Ideology of Pakistan, was kept alive from Sir Syed Ahmed
Khan to Quaid-e-Azam. It declared that the Muslims of the Sub-continent have their own Islamic
culture, traditions and religion which are fairly different from those of Hindus.
In accordance with Two Nation Theory, Allama Iqbal had demanded a separate piece of land for
the Muslims, where they could live freely according to Islamic culture and social norms. Both
Allama Iqbal and Quaid-e-Azam approved the Ideology of Pakistan which is based upon the
Islamic principles.
Certainly, it was in the name of Islam that Pakistan emerged on the map of the world and the
ground standard of the new state and its society, which came to be recognized as the ideology of
Pakistan, was nothing but Muslims faith. Before embarking upon the mission of framing of our
first constitution, this ideology was translated into words in accurate form by the first Constituent
Assembly of Pakistan in a resolution passed in the year 1949.
However, the Constitution of 1973, adopted during the PPP founder, Prime Minister Zulfikar Ali
Bhutto, was approved by the members of all political and religious parties. It declares the state,
The Islamic Republic of Pakistan, and obviously mentions that Pakistan is basically a
democracy, backed by the Islamic principles and values, no law would be made contrary to
Quran and Sunnah, and the government will make efforts to implement Islamic system (Shariah)
in future.

Islamic provisions of constitution

The Constitution of 1973 contains various Islamic provisions, based on the principles of Holy
Quran and Sunnah.
1. Pakistan shall be known as Islamic Republic of Pakistan.
2. Islam shall be the state religion of Pakistan.
3. 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. 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. The constitution laid down that only Muslims shall be elected president and prime minister of
Pakistan. It was made compulsory for the president and prime minister to also profess faith in the
finality of prophet hood. No Non-Muslim could hold these offices.
6. 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. 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. The state shall try to make the teachings of Holy Quran and Islamiat compulsory to encourage
and facilitate the learning of Arabic language.
9. The state shall endeavour to strengthen fraternal relations among Muslim countries in order to
promote Islamic unity.
10. There is a council of Islamic Ideology which shall guide the government, and shall make
recommendation to parliament and the provincial assemblies for bringing the existing laws into
conformity with the injunctions of Islam and Islamic teachings, their implementation and
propagation. Its chairman and members are appointed by the 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. The government shall endeavour to secure correct and exact printing and publishing of the
Holy Quran.
12. 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.
It is also mentioned in the Constitution that the state shall secure the proper organization of
Zakat, Auqaf and Masjid, and would protect the real rights and interest of minorities, living in
Pakistan.
It is also emphasized in the Constitution that all steps will be taken to introduce interest free
banking system in the country in the light of Islam.

Implementation of Constitution
Nevertheless, all religious scholars authorized that the Constitution of Pakistan is totally in
accordance with the Islamic Shariah and there is no law in conflict with the principles of Islam.
Federal Government also obtained a Fatwa from countrys most eminent scholars to declare that
the Constitution of 1973 is based on Shariah. Constitution of 1973 is watchful of the fact that it
seeks to rule a varied population divided along religious, cultural, ethnic and sectarian lines. It
lays down a general rule that no law shall be made against the dictates of the Quran and Sunnah.
The whole legal system of Pakistan is, therefore, within the limitations of Shariah. Our
Constitution forbids any law or act which contradicts the teachings of Islam and sovereignty of
Allah. For this reason, there should be no arguments or division of opinions regarding the
Constitution of 1973.
There is no hesitation that our leaders found us a piece of land that was a safe haven for Muslims
and gave us free will to make our own decisions without the fear of suffering from prejudiced
treatment for the faith we followed. Though the question is how much the constitution of
Pakistan is being applied in the country?
For instance the Quran states Keep yourselves away from bribes because it is kufr and one who
receives them will never smell the scent of paradise. The truth is in Pakistan taking and giving
of bribes is so widespread that even a noble person can hardly live without paying one. Some
honorable folk still struggle on but their lives are much more complicated. If a person has money
it is a possibility he has given or taken a bribe at least once. Sorry to say that the entire
bureaucracy is at the forefront of this rot. Justice is sold and witnesses can be bought.
On the other hand at the same time as drinking is not allowed and a license is required in order to
drink in Pakistan, people who want to drink do so with impunity and with no fear of being
punished. The law is not still being implemented while if a drunkard happens to get caught a
simple bribe wins back the persons freedom. Also while adultery is considered a punishable law
under the constitution of 1973, it is practiced by many people in the country without any fear of
punishment. The similar goes for many other laws.

Conclusion
The fact is that many laws related to Islam exist in Pakistan but they are there only in name.
They are either being distorted by people for their own interests or they are not implemented and
people who commend atrocious crimes are allowed to go free because of them there is no fear of
punishment while the innocents are framed. So the fault is not in constitution the fault is in its
implementation.

References
http://dailytimes.com.pk/opinion/28-Dec-15/we-need-a-new-constitution
http://readersupportednews.org/pm-section/86-86/30941-pakistans-constitution-is-in-accordancewith-islamic-shariah
https://pakistannationalistassociation.wordpress.com/tag/pakistani-constitution/