Pakistan came into existence on 14th August/1947. The main objectives of this event were to enforce the Sovereignty of Almighty Allah, to enforce Islamic democracy, for the revival of Islamic Image and identity, to protect and preserve Islamic culture and Civilization, and several other. It is as Quaid-e-Azam said, ‘we did not demand Pakistan to acquire a piece of land, but we wanted a homeland where we could introduce Islamic Principles’. Hence it is evident that main driving force responsible for the creation of Pakistan is Islam. Also it is safe to assume that Islam and its teaching will have an importance in the Policies and Laws of Pakistan. Doing so, not so long after the creation of Pakistan objective resolution was passed in 1949. According to it; i. Sovereignty belongs to Allah alone but He has delegated it to the State of Pakistan through its people for being exercised within the limits prescribed by Him as a sacred trust. ii. The State shall exercise its powers and authority through the chosen representatives of the people. iii. The principles of democracy, freedom, equality, tolerance and social justice, as enunciated by Islam, shall be fully observed. iv. Muslims shall be enabled to order their lives in the individual and collective spheres in accordance with the teachings of Islam as set out in the Quran and Sunnah. v. Adequate provision shall be made for the minorities to freely profess and practice their religions and develop their cultures. vi. Pakistan shall be a federation.
vii. Fundamental rights shall be guaranteed.
viii. The judiciary shall be independent.
This document was used as the preamble of 1956 constitution. The Islamic provisions of 1956 constitution are;
These were the Islamic provisions of the first republic of Pakistan. These provisions comprehensively covered the religious requirements of the ideology.
Islamic Provisions of 1956 Constitution:
According to this Constitution the name of the republic was set to be, ‘The Islamic Republic of Pakistan’. 2. Preamble:
Objective Resolution 1949 was included in this constitution as its preamble. Thus it ensured all the points of the objective resolution. 3. Islamic Law:
According to this constitution, no law which contrasted with the teaching of Islam will be passed. And also all the existing laws will be revised to satisfy the principles of Islam. 4. Muslim Head of the State:
It was made compulsory for the president of this republic to be a Muslim. 5. Religious Freedom:
The state will provide freedom to the people to profess, practice, and propagate any religion, also the right to establish, manage and maintain religious institutes. 6. Teaching of Holy Quran:
It was made compulsory for all the Muslims of the country to acquire the teaching of Holy Quran. 7. Prohibitions:
Several things were prohibited, which are; Slavery and forced Labor, prostitution was termed illegal, sale of alcohol and narcotics was banned and their use was prohibited. 8. Special Tax:
According to the constitution no person should be compelled to pay any special tax whose proceeds will be spent on the propagation of any religion other than the religion of the person. 9. Unity among Muslim Countries:
By the constitution, the states were required to strengthen the bonds among other Muslim countries. 10. Organization for Islamic Research and instruction;
The President was required to set up an Organization for Islamic Research and Instruction in advance studies to assist in the reconstruction of Muslim society on a true Islamic basis.
Islamic Provisions of 1962 Constitution
Objective Resolution 1949 was included in this constitution as its preamble. Thus it ensured all the points of the objective resolution. 2. Name:
The Constitution laid down simply...