اسلامی قانون سازی کے لیے دستوری اساس:پاکستانی دستور 1973ء کے تناظر میں

Constitutional Basis for Islamic Legislation: In the context of the Constitution of Islamic Republic of Pakistan, 1973

Authors

  • ڈاکٹر حافظ محمد صدیق
  • بلال حسین

Abstract

The constitution is considered as supreme law and provides foundation to the country. The first Constituent Assembly of Pakistan adopted a Resolution on 7th March, 1949 called as Objectives Resolution. This Resolution provides the ideology of Pakistan and explicitly mentioned in all the earlier constitutions, 1956 and 1962. The existing constitution of Pakistan was enacted and came into force on 14th August, 1973. The spirit and fundamental norm of this constitution was to represent the ideology as prescribed in the resolution. Pakistan is an Islamic Republic and all its legislation is to be enacted according to the injunctions of Islam. Preamble of the constitution states that the sovereignty belongs to the Allah Almighty. Some of the institutions were established to Islamize the the laws and examine the legitimacy of laws as Council of Islamic Ideology (CII) and Federal Shariat Court (FSC). The current research highlights Islamic provisions of the constitution that are effectively considered to enact the law of the country. This study examines the provisions of the constitution that are providing foundation to make the law in accordance with Shariah. This paper discusses that why the Pakistani legislation must take appropriate meausures while making the law especially repugnancy and legitimacy with Islamic Injunctions. This research analyses on the foundations of the constitution and relevant provisions. This research proposes recommendations for the application of spirit of the constitution in enacting the laws in light of shariah priciples.

Keywords:The Constitution, Legislation, Islamic Provisions, CII, FSC.

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Published

05-08-2021