Q1:What are your views on the diluted 15th
Amendment, the Shariat Bill, which has
recently been passed by the National Assembly?
The 15th Amendment, Shariah Bill
Whereas sovereignty over the entire universe belongs to
Almighty Allah alone and the authority which He has delegated to
the State of Pakistan through its people for being exercised
through their chosen representatives within the limits prescribed
by Him is a sacred trust;
And whereas the Objectives Resolution has been made a
substantive part of the Constitution;
And whereas Islam is the State religion of Pakistan and it is
the obligation of the State to enable the Muslims of Pakistan,
individually and collectively, to order their lives in accordance
with the fundamental principles and basic concepts of Islam as
set out in the Holy Quran and the Sunnah;
And whereas Islam enjoins the establishment of a social order
based on Islamic values, of prescribing what is right and
forbidding what is wrong (amr bil ma'roof wa nahi anil munkar);
And whereas in order to achieve the aforesaid objective and
goal, it is expedient further to amend the Constitution of the
Islamic Republic of Pakistan;
Now, therefore, it is hereby enacted as follows:
1. Short title and commencement. (1) This Act may be called
the Constitution (Fifteenth Amendment) Act, 1998. (2) It shall
come into force at once.
2. Addition of new Article 2B in the Constitution. In the
Constitution of the Islamic Republic of Pakistan, after
Article 2A, the following new article shall be inserted, namely:
2B. Supremacy of the Quran and Sunnah.
(1) The Holy Quran and Sunnah of the Holy Prophet (peace be
upon him) shall be the supreme law of Pakistan.
Explanation: In the application of this clause to the personal
law of any Muslim sect, the expression "Quran and
Sunnah" shall mean the Quran and Sunnah as interpreted by
that sect.
(2) The Federal Government shall be under the obligation to
take steps to enforce the Shariah, to establish Salat, to
administer Zakat, to promote amr bil nahi anil munkar (to
prescribe what is right and to forbid what is wrong), to
eradicate corruption at all levels and to provide
substantial socio-economic justice, in accordance with the
principles of Islam, as laid down in the Holy Quran.
(3) Nothing contained in this Article shall affect the
personal law, religious freedom, traditions or customs of
non-Muslims and their status as citizens.
(4) The provisions of this Article shall have effect
notwithstanding anything contained in the Constitution, any
law or judgment of any court.
- The Shariat bill should not be passed by the Senate. If
this country wants to make Shariat their supreme law,
then look at the 50-year history first. Islam could not
be thoroughly implemented in small towns, street houses.
How could you forcibly implement it on a whole nation?
The people who are talking about it, should first go and
look into their own personalities, their own houses; what
have they been doing in the past? Islam is a religion
with full freedom. It does not ask anyone to obey or come
under it forcibly. Instead of imposing it on people I
suggest the government first abide by it and see the
results.
Miss. SI
Lahore, Pakistan
- We have the Objective Resolution and our Constitution. We
do not need the Shariat Bill. What is needed is to modify
all the "rules and regulations" in the light of
Quran and Sunnah and pass them in the parliament. That
will engender what is itself Islam. Therefore a separate
Shariat bill is useless.
M.F.A. Khan (Ph.D.)
- My concern is with the following sub-clauses of the 15th
amendment:
2) The Federal Government shall be under the obligation
to take steps to enforce the Shariah, to establish Salat,
to administer Zakat, to promote amr bil nahi anil munkar
(to prescribe what is right and to forbid what is wrong),
to eradicate corruption at all levels and to provide
substantial socio-economic justice, in accordance with
the principles of Islam, as laid down in the Holy Quran.
4) The provisions of this Article shall have effect
notwithstanding anything contained in the Constitution,
any law or judgment of any court.
According to the aforementioned clauses, the Federal
government has dictatorial powers that supersede the
constitution of 1973, the provincial governments, and the
judiciary. Not only that, the federal government will
have the authority to interpret the Shariah, and hence
pass any laws accordingly. This amendment gives the
federal government, the most corrupt institution in the
country, to interpret and enforce "amr bil nahi anil
munkar"(to prescribe what is right and to forbid
what is wrong).
As it is, the human rights situation in Pakistan is
appalling, women are being raped under the aegis of the
infamous Huddood ordinance, and extra-judicial killing is
a matter of routine. If this law gets passed and enacted,
Pakistan's future will be like that of Afghanistan. If
the Senate passes this bill then we could bid farewell to
parliamentary form of government as well as the
constitution of 1973. The bill will also instigate
sectarian issues because various sects have different
interpretation of Quran and Sunnah, which is not limited
to the basic personal laws. For instance, the Shia sect
permits temporary marriages (known as Muta'w), where as
the Sunni sect holds it equivalent to prostitution. In
such a case, which law is applicable, the infamous
Huddood Ordinance or the Shia personal law? This bill is
nothing but a source of evil that will create discord and
resentment among various sects and minorities. God knows
that the last thing our country needs, is further
division.
Ali Zaidi
- I do not think it will make any positive contibution,
whatsoever! Unfortunately, Pakistan, as usual is being
run like a private property. The rulers have the right to
do this kind of experiments! What is it that this
amendment will achieve what the original constitution
cannot?
Amir A. Chishti
- The 15th amendment is just another way of Nawaz Sharif to
strengthen his government. There is absolutely nothing in
this amendment that is not already there in the 1973
constitution of Pakistan. But given the illiteracy of the
poor people of the country who will neither notice nor
care what he does. Yes, go on Mr. Prime Minister, this
will surely guarantee you a seat in the capital.
I blame his government for the murder of Hakim Mohammad
Said. Hakim Sahib's assassination is the limit of his
government's incompetency. And that surely is a
disservice not only to this country but to the entire
humanity which means to Islam. Islam for these
politicians is a tool they use to stay in power. Whether
it be Benazir, or Nawaz Sharif, or any other politician
who pretends to fight for the rights of people. Education
was the answer to the troubled land, not enforcement of
salat. Veiled women will not get us anywhere. Why make a
law to collect Zakat (to fill your pockets) when there is
nobody there to enforce those laws. There are no honest
policemen to protect the citizens. I wish citizens of
Pakistan could gather and order get the corrupt ones out
of our country.
Atif
- In this whole universe there is no match of Islam. First
of all the government of Pakistan should know that
whatever is being imposed on the public or whatever
decisions are being made in the light of this bill,
should be purely according to the Quran and Sunnah. And
should anything go against them, the government of
Pakistan will then be accountable before the Almighty
God.
Nadim Beg
- Does the law of God need a majority vote to be imposed?
Abdul
USA
- Nawaz Sharif and his government have utterly and
completely destroyed any faith that people may have in
either democratic institutions or in his party's policies
and programs. The Shariah bill is the latest in the long
series of feeble attempts by Nawaz Sharif to acquire
power and legitimacy. He has no mandate and no
credibility. Why should anyone believe that the design of
implementation of the Shariah Bill reflects a vision for
the people of Pakistan? He needs to resign before he is
ousted. Finally, let us not forget that he is building on
the dictatorial legacy of Zia and we all know what that
meant for Pakistan.
Ahmed Afzal
USA
- I think mixing religion (a private matter) and government
is a mistake. We should see the models of the different
governments in the world and adopt the most successful
one.
Aleem Hayat
- The Islamic law is the best law in the world; there is no
doubt about it. The biggest problem is the people who are
to implement this law in Pakistan. Those highly corrupt
politicians, judges, police, military officers are
incapable of implementing this law in its true spirit.
The law has been used in the past in unjust ways, and
will be used to satisfy the vested interests of those
people. It will be just another way of making powerful
more powerful.
Ghayas Ahmed
USA
- As a Muslim, I believe the Islamic system is the solution
for all problems, not only in Pakistan but all over the
world. I will be very happy if the bill is passed
truthfully reflecting the tenets of Islam. However, my
real concern has to do with the question of who will be
implementing this law and overseeing that this law is
executed...Nawaz Sharif?...Benazir Bhutto? None of those
people has the capability of running this type of system
and the proof could be seen by observing their actions.
We need a change. We need someone who really has the
knowledge of Islam as well as the integrity to live by
that knowledge. Otherwise, this is really just a joke!
When I say change, I mean also one that will begin with
our own selves and families.
We need to begin taking the mandates of Islam seriously
every moment of our lives, not just during Ramadan. We do
not want to have a system like the one in Afghanistan. We
are embarrased by having to explain to others in America
that their actions, which have the false label of Islam,
is in reality unIslamic. It is a shame for all Muslims! I
pray to Allah (S.W.T.) that we wake up before more
disastrous things happen and some of us are held
accountable for sitting idly by!
Durrani
- There is no doubt that the Islamic law should be the
supreme law in this country. The only problem is, who
implements it and on whom. Is it for people or
government? Would it help to save the lives of people
like one died today because he could not provide bread to
his son? If the government could give us security and
justice, I have no objections to its implementation. If
it can make sure that every child will go to school, then
go ahead and pass the bill.
Muhammad Arif
USA
- I have given up hope in Muslim world in general and
Pakistan in particular. Thank God that the world power is
in the hands of non-Muslim countries, otherwise, most of
the Muslims eager to go to hell would have made it right
here. I am a Muslim and love Islam but most of the
Muslims are just different. I hate them for bringing
destruction and misery to this religion of tolerance and
peace. Just look at the history of Muslims immediately
after the Prophet (Peace be upon him) and recall Yazid,
the worst of all evils, and the fate of the so-called
Muslims will be crystal clear to everyone.
Saif Abbas
- Our politicians as well as bureaucrats don’t have a
vision of the future. They only want to see future of
their ruling authority. If Mr.Nawaz Sharif thinks that
absolute authority can eliminate many hurdles in the
nation’s way to progress, then he first needs to
tell us what he wants to achieve? Does he want to get rid
of his huge personal loans, following Shariah that
interest is not allowed, hence no Muslim would pay
interest from this day onward? Has he ever heard that
Khalifah doesn’t sleep, if someone in his kingdom is
not at rest? Would he be able to sleep when at least 7 or
8 people got killed in Karachi, everyday? They say lie in
politics is a part of the game. Is lie allowed in
Shariah?
Tariq Majeed
Columbus, Ohio
- We Pakistanis living abroad are baffled as to why is
there so much fuss about the introduction of Shariat bill
to Islamize the Pakistani society. It seems we are
Muslims by name and not by deeds and inner desire and
conviction. If we were true Muslims we would not fight
over the Shariat bill rather focus our energies on how to
transform the secularly-run society into an active Muslim
one. The Pakistani nation is by God’s grace blessed
with intellectuals, philosophers, scientists, and
education leaders.
If we put our minds together we can evolve a rational
process to introduce Islamic morality and ethic to our
daily way of life. If you closely observe western social
and judicial system you will find Islamic values and
practices used to win hearts and mind. Please have faith
and self-confidence, Allah will guide us if our
intentions are correct. Nawaz Sharif or Benazir Bhutto
are mortal, dont' be overly concerned about the gains
politician will derive. Who knows once Islamic system is
embraced we may have a new breed of politicians.
Malik Ashraf
- The Pakistani parliament has passed the CA-15 with
two-third majority. Serious responsibility now lies on
the Human Rights groups and democracy activists to stall
the passing of CA-15 in the Pakistanis Senate. The CA-15,
the Islamization law is not law as of yet. It can be
rejected in the Senate before it becomes law. Most
probably it will not pass in the Senate. Islamization
amendment called 15th constitutional amendment (CA-15) is
considered an effort by Nawaz Sharif to impose his
personal dictatorship under the pretext of invoking
Islamic laws.
This is taking advantage of ignorance of religious but
illiterate masses of Pakistan. Pakistani constitution
already contains enough Islamic provision with reasonable
balance to protect the democratic process and the
religious freedom of minority. The successive governments
have failed to implement the constitutional guarantees
provided in the constitution to minorities just to
appease the fundamentalist Pakistani Islamic clergy.
Nawaz Sharif and his PML party are insisting to add more
Islamic clauses contained in the proposed CA-15 that
would give the authorities extra-judicial powers. The
coalition of Pakistani NGOs, Washington based Reform
Movement, Chicago based Citizens' Human Rights Council
USA, Pakistan Human Rights Watch, Karachi Association of
North America, Pakhtun Jirga of USA have decided to
strongly oppose the anti-democracy and extremely
controversial Islamization process in Pakistan contained
in CA-15.
Mutahir Kazmi
Pakistan Human Rights Watch
- We are already an Islamic Republic. We don't need this
kind of bill at this moment. I think at this time, the
government should concentrate on anti-corruption bill and
how to get money out of the pockets of loan defaulters in
Pakistan. When the country will progress and will have no
debt than it will act fully Islamic.
Kashif Butt
Chicago
- Congratulations to Pakistan for passing the 15th
Amendment (Shariat Bill). That is the right thing to do.
Hassan
- So it is going to be another half-hearted attempt,
already diluted by the political interests.
Dr. Aamer Aziz
- For an Islamic country, the passing of the Shariat Bill
is a matter of pride, for truly, Islam provides all the
tenets for wise and efficient ruling providing for the
interests of the common man. But in the hands of
manipulative leaders, interpreting the religious laws
under one corollary or the other to suit one’s own
political selfish needs and concocted circumstances it
could only spell disaster for a country like Pakistan
that is still trying to stand on its own two feet and has
a long way to go. Most dangerously, it could lead to
religious fanaticism if not kept under strictest control.
The job is very tough. Politics is a dirty game, why mess
with religion. That too, when governments are in and out
of power faster than you think. All it will need is
another political upheaval, self-seeking transactions and
financial maneuvers by people in power to repeal the
bills.
- Mufahida Younus Khan
- The 15th amendment is another joke with Pakistan in the
name of religion-one that is likely to turn into a crime
as it has the seeds of national disintegration. 'Oh
religion, what crimes have not been committed in thy
name'
Khalid Masud,
Doha,Qatar.
- Pakistan has always been under pressure from religious
zealots to uphold the principles of Islam in governing
the country, yet, fundamentalism has been used as a tool
to create an aura of dictatorship in this region. The
Shariat is an extremely responsible and conforming body
of rules that have to be precisely followed as inscribed
in its transcript. However, Pakistan is facing severe
leadership crisis at the moment. The focus of the
governments should be to first create knowledge and
coherence for the neccesary application of the Shariat.
Religion is used as a scapegoat and many people will use
it as a god-sent gift to create laws for the land that
not all would like to follow. Diluted or not, the Shariat
Bill which has been passed does not carry enough
weightage and practicality in a nation distraught with
corruption, greed, nepotism and hypocrisy. The Shariat
Bill needs proper understanding and learning, not only
that; Allah has never told to "super impose"
law on His people, and fear and rumors abound, people
feel threatened and scared of zealotism.
Ali Ahmed
- Being a liberal woman I am angry. But I cannot comment on
it much, as I am not sure whether the rights of women
will be infringed upon or not. But judging from the
current wave of incidents I am worried. Islam does not
say that to get your point across you start hurting
people. But we, Pakistani Muslims, have always
interpreted Islam in the wrong way. I really don't know
why they had to bring the Shariat, as Article 2b of the
constitution already states whatever they are trying to
implement through the 15 amendment. This is basically a
farce and I just hope that the senate does not pass it.
Suraiya Kasim
SM. Law College
- Nawaz Sharif wants to become a king, and this is the only
intention he has behind this bill. He has nothing to do
with Islam, and Islam can not be enforced by a person and
a team which is itself not practising Islam. It will just
increase anarchy in the country. The socio-economic
problems of the country will not be solved and it will
eventually weaken the faith of people in Islam
Rhaeeq Abbasi
Oxford
- Any system in the world is good provided the people
running it are good.Our misfortune is that we are a
nation of individuals not of people. Why Shariat bill?
Doesn't the 1973 constitution have adequate provisions to
Islamise the society? If there is a ‘Tableeghi
bill’, I will agree. Zia-ul-Haq, the most powerful
dictator since 1947 with all the facade of Islamic piety,
did not come up with a Shariat bill. He could enforce
Shariat within hours, but he did not. He ruled the
hapless people with impunity in the name of Islam for
eleven years. I am told that 95 % or more of the people
of Pakistan are Muslims.What do you think? This bill is a
sure tool for spreading sectarianism and anarchy.
Qazi Syed Aziz Akhtar
Houston , Texas
- It is a drama to prolong his rule in the name of Islam.
Naveed
- There is no use starting needless debates, when the
country is sinking into quagmires, deeper and deeper each
day. What about the return of loans? Maybe we should
think about these issues and austerity, the essence of
Islam. Pakistan is already an Islamic state.
Anwar Syed
- The people of Pakistan are very unlucky; whenever it
appears that they are going to be freed from religious
zealots, things turn in the wrong direction. Now again,
in the form of the 15th Amendment, it will be fanaticism
prevaling everywhere, telling us what to think and how to
think. What about human experiences and the knowledge,
which the entire world is using to solve its day to day
problems? Why have we to go Shariat every time we have a
problem?
Anwar
Oslo, Norway
- The so-called Shariat Bill means hatred between different
sects of Islam, abuse of human rights and breach of
fundamental rights of the common man. These legislators,
led by a leader of the house, have no right to bring the
basic changes in the constitution. In fact it is a big
fraud in the name of Islam.
Khalid Mahmud
South Carolina, USA
- The Shariat bill is not required if the welfare of people
is not guanteed. Is the Prime Minister trying to become
Zia-ul-Haq or what? People are being killed in Karachi.
We want a welfare system, a strong economy and sincere
people on the top. Not this bunch.
Faisal Khan
- It is most shameful that a country whose basis of
creation was Islam, implements the law of Islam after a
lapse of more than half a century; and you are asking the
opinions of a common man about its implementation just
after passing a cosmetic step? It must be enforced with
the true spirit in its entirety as soon as possible at
all levels of the society.
MNT
Kuwait
- No from me to the Shariah Bill. No theocracy has ever
flourished on the planet Earth. Israel is being sustained
with massive help from the West. We haven’t learnt
anything from history. Now we seem to be travelling along
the same routes that Medieval Europe did! We are now at
the Spanish Inquisition stage. Someone should feed a
simplified version of European history to our leaders and
policy-makers.
Dr. Tariq Khan
Fujairah
UAE.
- In my opinion, politicians have been playing with us for
the last 50 years. If Mr. Nawaz Sharif really want's to
do some thing for the nation he would have done it in his
two-year tenure. We know that he has been trying to do
so, but he has black sheep in his own party. If he really
want's to do some thing honestly on religious bases, he
should better clean and remove all those things that are
corrupting our youth, for instance wine and liquor. He
should cancel their licences and wipe away adultery dens
from his own city. He must take care of these major
issues in order to take the nation into confidence before
he can talk about Sharit Bill.
Sohail Khan
Oklahoma
U.S.A.
Back Issues | Current Issue
The News International