Constitutional Fusion: Islam and Democracy

Dr Iram Sarwar

In a world that is fast turning into a casualty of tradition and modernity, there is one constitution in the world and that belongs to Pakistan that balances against the concept of democracy and the rule of god. The Constitution of Pakistan is the document which was created on the basis of the historical struggle and based on the vision of the founding fathers of the country and which strives to unify the Islamic principles which are the very core of the state with safeguarding the values of the modern democracy. This may be defined as a less ordinary constitutional balancing and also reveals the Pakistani identity to be an Islamic and democratic republic.

The basic (essence) of the Constitution of Pakistan is somewhat very strong and definitely telling us that the sovereignty rests solely within the jurisdiction of Almighty Allah only. This was the cardinal rule that governs everything in the political as well as legal system of the country and which was the direct outcome of the Objectives Resolution–now a material part of the Constitution. According to the Resolution, the citizens of Pakistan would exercise power within the confines of what has been described by Islam. This warrants that although the citizens are part of governing themselves, there still exists an ethical and moral system based on Quran andSunnah.

It is not only in the constitution system of Pakistan that recognizes the religion of Islam as the only religion of the state, but it also ensures that any law in force and about to be enacted will be in line with the injunction of the Islam religion. It is not a lip service. Article 227 of the Constitution states that all individual laws are to be based on the Islamic principals. The other key mechanisms include Federal Shariat Court, and Council of Islamic Ideology (CII) which are the main tools that reinforce this obligation.

Critics particularly the elements on the radical side have always termed the Constitution as un workable or complex to apply. The opposite has however been proven to be the case in history. It is this very way of the Constitution that has helped the state organs and military arm of Pakistan to be capable of restoring order and creating a sense of justice during the turbulent times. It is not only a guide of morality but it is a guideline with practical set up that most other countries, including those of the Muslim world cannot manage to achieve.

It is worth noting that, the legal system of Pakistan is not constant or at the same time. The Constitution is a living document and is flexible enough to alter it with a legal reform and democratic processes. All lapse of implementation has had self-correcting mechanism in the Constitution itself. This does not qualify as a weakness but its flexibility reveals its strength. It promotes a self-reflection and self-reformation at all times, but is not forgetful, very traditionalist and takes the Islamic values very seriously.

More so, the question of democracy is not considered an alien and paradoxical concept to the constitutional order in Pakistan. The government is a parliamentary government where the elected members wield the executive and the legislative power. This is the Islam concept of Shura or mutual consultation which was practiced during early Islamic governing. Thus , the voice of every citizen is taken into account and the laws are devised through the process of deliberation and representation which not only goes hand in hand with a democratic tenant but also is in conformity with Islamic ethics.

There is the social relevance also to such a structure of the constitution that need to be mentioned. Islamic law is a significant source because it provides Pakistan with marriage, inheritance, and actions that individuals are to take with a specific level of permanent and moral standing.

There is truth in saying that no constitutional system practiced can be ideal. Pakistan has witnessed its due share of political instabilities and judicial coups as well as military coups. There is however need to distinguish why there is a failure to implement as opposed to whether the constitutional structure is good or not. The Constitution of the Pakistani land provides a practical solution, a roadmap to governance and a sense of an ethical point whenever we become lost.

Pakistan Constitution has balance as its genius. It is not a pendulum which swings either to one side when it becomes a theocracy deprived of civil liberties or to the other side where it becomes a secular state which is alien to religiosity. Instead, it has a mid-road that, on the one hand, the dominance of God and, on the other, the duty of people are present simultaneously. It is a charter of reverence to faith and freedom which is expected to give a road map to other nations which have been forced to address similar problems of identity and, that of governance.

Lastly, the Peaceful Coexistence of Islamic Religion and Democracy can actually occur and is ever so undisputable as the Constitution of Pakistan evidences to. It implements the law of God and vests the powers with the individuals in democracy. It does not hold its values as the leftovers of the past, but rather as the values of establishing a fair, representative and spirit-based future. Pakistan need not cry or doubt it but just accept its Constitution and work on it with truthfulness and boldness and see it take the country to prosperity and amicableness.

The writer is government officer and serving with Punjab Government