Tag Archives: Constitution

Supreme Court short order out …

By Yasser Latif Hamdani

… And thank god that they have not dabbled in that horrible theory of the basic structure which would have meant closing the door on any future prospect of democratic reform in Pakistan (in my personal view).

I think this is an important middle ground which has atleast restored some of the faith I had lost in our judiciary to do the right thing.

Now it is upto the democratic government to meet the judiciary half way. Continue reading

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Filed under Constitution, Democracy, Jinnah's Pakistan, Judiciary, Justice, Law, lawyers movement, Liberal Democratic Pakistan, Pakistan

Religious Right in Their Own Words; Apostasy Punishment, Jihad and the Role of Non Muslims in the Land of Infidels

 Part 3

By Adnan Syed

This series revisits one of the pivotal events of the early Pakistani history; the riots by the religious right wing parties to get Ahmadis declared as non-Muslims, and the subsequent Munir-Kiyani inquiry commission report into the causes behind the riots. The report went on to interview the religious leaders of the newly formed state of Pakistan regarding their motives and their ideas of Pakistan as a pure Islamic state. As the interviews revealed the incongruous replies of various leaders, they also showed vague but chilling ideas that the right wing parties harboured to turn the newly formed Muslim nation into a politically Islam dominated theocratic nation. The interviews reveal the role of democracy, non Muslims, Jihad and punishments like apostasy that would be practiced in an ideal Islamic state.

 (AZW)

 

UNANIMITY ON PUNISHMENT FOR APOSTASY

While no simple or unanimous definition for a Muslim was given by all the ulamas, they were clearly unanimous about the punishment for apostasy in an Islamic state. The punishment for apostasy was unequivocally, death.

With this doctrine, the religious leaders were clearly referring the then foreign minister Chaudhry Zafrullah Khan. If Chaudhry Zafrullah had not inherited his present (Ahmadi) beliefs, but had voluntarily elected to become an Ahmadi, he ought to be put to death.

However, while the punishment for apostasy was unanimous, the ulamas could not agree on who exactly is an apostate. Remember various criteria that was narrated by various leaders on who constitutes a Muslim? Now the same uneasy differences were making it hard for the leaders to decide who ought to be put to death.

Maulana Shafi Deobandi said that if he were the head of state of an Islamic Government, he would “exclude those who have pronounced Deobandis as kafirs from the pale of Islam and inflict on them the death penalty if they come within the definition of murtadd, namely, if they have changed and not inherited their religious views”.

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Filed under Constitution, Democracy, History, Identity, India, Islam, Jinnah, Jinnah's Pakistan, Liberal Democratic Pakistan, minorities, Pak Tea House, Pakistan, Religion

Supreme Court’s earlier judgement and the 18th amendment case

Faisal Naseem Chaudhry

The 18th Amendment case is likely to conclude soon and it is quite probable (courtesy of remarks of the Honourable Judges) that the SC may strike down a constitutional amendment finding it contrary to Independence of Judiciary; in other words finding it contrary to the ‘Basic Structure of the Constitution’.

Pasted below are some excerpts from a Five Member Bench Judgement of the SC delivered on 13 April 2005. The Judgement is known as Pakistan Lawyers Forum vs Federation of Pakistan and through this cluster of different petitions, the constitutionality of 17th Amendment was challenged before the SC. One of the grounds was that the 17th Amendment was violative of the Basic Structure of the constitution. As stated earlier, it was a Five Member bench and the then two members are still members of the Full Bench of today i.e. Chief Justice Iftikhar Chaudhry and Justice Javed Iqbal.

President Musharraf’s Uniform / Dual Office quite analogous to President Zardari’s Dual Office was also challenged in the same petition, and dismissed accordingly, but since that is not the subject today, so that part of SC’s wisdom as to how it handled that question in 2005 is ignored at this point of time to be discussed in future.

The five member bench in 2005 dismissed the petition and upheld the 17th Amendment. The court held that the Indian Doctrine of Basic Structure of the Constitution has never been accepted in Pakistan’s judicial history; and that the Court can strike down a Constitutional Provision only if it is not passed in accordance with the procedures provided by the Constitution itself. Once an amendment is passed, it is left to the wisdom of the Parliament which passed it to change it in future according to the aspirations of the people of Pakistan. Continue reading

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What Constitutes a Stable Society?

By Adnan Syed

Pakistan is passing through a vicious negative feedback loop that is beginning to gather momentum. The vicious circle is a result of country’s inability to provide for the basic individual rights of its citizens. Combine that with a burgeoning population, and the rampant nationalist tensions within the society that have been suppressed in the name of religious identity, Pakistan is staring at a nightmarish scenario in the coming decade. Pakistan needs to realize that the existential threat is coming from the failure of its society and not due to the external influences that consume majority of the resources of our nation. Unless we start spending on providing for the four basic rights to our citizens, the chaos will just feed on itself in the years to come.

This is the second part of the two part writeup that should be treated as a loud musing. I have stayed largely away from the religious vs. secularism debate as the immediate concern is to establish the rule of law and the secularism debate takes us away from the immediate objectives; provide for the protection of life, property and honour of each and every of the individuals. Needless to say that the demographic outlook for Pakistan, widening fault lines across the sub-nationalities and the vagueness about the role of religion in the affairs of the state is presenting a dire outlook for the state of Pakistan.

(AZW)

What Constitutes a Stable Society?

The ingredients of a stable society are not that complicated. Over the past century Europe, North America, East Asia, and Australia have managed to stabilize their societies by taking care of rather simple processes. Europe built its war shattered economy in a period of less than a decade, showing that good things beget good things, on a rather quick basis. The negative vicious circle can be replaced with a positive feedback loop. But the key is to avoid falling off the cliff. The key is to work with the present infrastructure and strengthen it to an extent that it becomes self sustaining. In that respect Pakistan is not starting from ground zero. It has a reasonably educated middle class that is finding it hard to channel its resources towards a prosperous society since it has to fend for its very survival on a daily basis. Pakistan has a semblance of democracy and the rule of law. Pakistan has the freedom of speech. The building blocks of a successful society are still there, though in a rapid state of neglect and decay.

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Filed under Democracy, human rights, Identity, India, Islamabad, Islamism, musings, Pak Tea House, Pakistan, Religion, Rights, violence

A Vicious Circle

By Adnan Syed

Pakistan is passing through a vicious negative feedback loop that is beginning to gather momentum. The vicious circle is a result of country’s inability to provide for the basic individual rights of its citizens. Combine that with a burgeoning population, and the rampant nationalist tensions within the society that have been suppressed in the name of religious identity, Pakistan is staring at a nightmarish scenario in the coming decade. Pakistan needs to realize that the existential threat is coming from the failure of its society and not due to the external influences that consume majority of the resources of our nation. Unless we start spending on providing for the four basic rights to our citizens, the chaos will just feed on itself in the years to come.

Continue reading

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Filed under Citizens, Constitution, human rights, Identity, Islam, Islamabad, musings, Pak Tea House, Pakistan, Rights, state

Daily Times: Nationalism: inclusive versus exclusive — III

Cross Post from Daily Times

Published July 13, 2010

By Ishtiaq Ahmed

Rather than hate India, we should learn from India. It has five times a greater population, far greater ethnic and linguistic variation and myriads of religious faiths and cults. It is not a democracy in the social sense but it is a sophisticated democracy in the political sense

I have presented, mainly, the exclusive model of nationalism and state-nationalism that I have argued emerged in Pakistan, notwithstanding the very bold attempt of Jinnah to supplant it with inclusive nationalism. Exclusive nationalism — whether based on race or religion or some other cultural factor — discriminates, constitutionally, people who do not qualify as members of the community because they do not share the specific cultural ties that have been chosen to define the nation, even if they live in the same territory. Israel is a case in point. Jews from anywhere in the world can come and settle in its territories but not Palestinians who may have lived there in 1948 or in 1967 or in 1973. Only Jews have a timeless law-of-return privileging them over the Palestinians.

The question arises: are states and nations fixed and frozen forever or can things change for the better? In other words, can an exclusive type of nationalism be transcended by an inclusive type of nationalism? The answer is, yes. After all, the nations of Western Europe were originally founded on membership in the State Church. Before World War II, most states in Western Europe required membership in the State Church in order to hold public office. Thus, for example, Sweden, where and my family and I are now settled, required even schoolteachers to be members of the Lutheran State Church.

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Filed under Democracy, Identity, India, Islam, Islamabad, Islamism, Jinnah, Jinnah's Pakistan, Liberal Democratic Pakistan, minorities, Pakistan, Religion, secular Pakistan

Fear and silence

By Mohsin Hamid     Dawn, 27 Jun, 2010

Why are Ahmadis persecuted so ferociously in Pakistan?

 A victim of attack on Jinnah Hospital, Lahore

The reason can’t be that their large numbers pose some sort of ‘threat from within’. After all, Ahmadis are a relatively small minority in Pakistan. They make up somewhere between 0.25 per cent (according to the last census) and 2.5 per cent (according to the Economist) of our population.

Nor can the reason be that Ahmadis are non-Muslims. Pakistani Christians and Pakistani Hindus are non-Muslims, and similar in numbers to Pakistani Ahmadis. Yet Christians and Hindus, while undeniably discriminated against, face nothing like the vitriol directed towards Ahmadis in our country.

To understand what the persecution of Ahmadis achieves, we have to see how it works. Its first step is to say that Ahmadis are non-Muslims. And its second is to say that Ahmadis are not just non-Muslims, but apostates: non-Muslims who claim to be Muslims. These two steps are easy to take: any individual Pakistani citizen has the right to believe whatever they want about Ahmadis and their faith. Continue reading

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