Why the Dream of Islamization could not be Realized? An Appraisal of the Role of FSC and CII

Abstract

Pakistan isan Islamic Republic and Islam is the state religion of this country. In this regard, the article 227 of the constitution, on the one hand,obliges the state to make all the existing laws of the state compatible with Islamic injunctionsand, one the other hand, it prohibits to enact any law repugnant to these injunctions. In order to fulfill this obligation two important institutions have been established under the constitution i.e. the Federal Shariat Court (FSC) and the Council of Islamic Ideology (CII) under article 203 and 228 of the constitution respectively. The former is a court which has power tonullify any law on the ground of being repugnant to Islamic injunctions. The latter provides recommendations to the Parliament about Islamization of laws. Despite having these institutions, the aspirations of the Pakistani nation to be governed completely by the Sharī'ah of Islam could not become legal reality. This is primarily because the role of FSC and CII had not been effective in this regard. There are various factors which played their role in making these institutions less effective. This situation calls for a thorough study of why these institutions could not deliver what was expected from them and how these institutions can become more efficient in their functions. This paper is an attempt to analyze the role of FSC and CII and explore the reasons why these institutions could not succeed efficiently. The paper also gives recommendations to bring improvements in these institutions so that the dream of Islamization of laws can be realized according to the aspirations of the Pakistani nation.