Constitutional Islamization: A Case Study of Pakistan

Abstract

The real objective behind the creation of Pakistan was the establishment of a country wherein the Islamic Ideology be implemented in its entirety. Due to lack of understanding of Islam, influences of Western culture, poor interpretation and lack of implementation of the underlying objectives of Islamization of Laws, Pakistani legal system has become a hybrid system with no proper demarcations. So, it is important to analyze the Constitutional provisions in the light of the underlying objectives so as to bring a balance between Islamization and Constitutionalism. The issue of Islamization is quite diversified. This paper highlights the objectives of creation of Pakistan, relevant Islamic provisions of the Constitution, the socio-legal perspective of constitutionalism and Islamization, the role of Federal Shariat Court and its exceptions in case of personal laws (Muslim Family Law Ordinance 1961 only), the critique whether Pakistan has achieved its objectives and some recommendations for the implementation of Islamic legal system. The issue of personal laws is a vast subject but it is not covered as a whole in this paper and so as the exceptions to the powers of Federal Shariat Court in fiscal and procedural laws, and the qualification of the members of the National Assembly.