Pakistan's Constitution Conundrum

Published on 21/02/14

Recent talks between the Pakistani government and the Tehreek-e-Taliban Pakistan (TTP) have ignited a discussion regarding the Islamic legitimacy of the country's constitution. The TTP's claim at the start of the talks that the constitution is not Islamic and the government's assertion of the opposite have spawned debate in talk shows and in livings rooms throughout Pakistan this topic has been dissected.

The present discussion is framed within the context of bringing an end to the violence plaguing Pakistan since the United States arrived in the region post-9/11, and the topic is of interest not just to the parties involved in the talks but to those who have a genuine concern for the Islamic nature of the country.

The chief defense of the constitution's Islamic credentials is that it cites Islam as the state religion and has provisioned for the Federal Shariat Court (FSC) to examine whether all laws are in accordance with Islam.

This logic implicitly assumes that the process of developing laws within the democratic framework as afforded by the constitution is nearly identical to that of extracting laws from Islamic texts in the process of jurisprudence, with a little something on top to "Islamicize" the democratic process. Yet the reality of both procedures produces stark contrasts.

In a democratic process, elected lawmakers come together to develop laws as they see fit. There are no constraints as to what they can legislate for, with only a majority of some sort required to pass any particular law. There is no requirement for the legislators to have previous legal experience, nor that they be experts on the subject matter at hand, though technical advice can be sought if required.

In Islam, many matters are clearly defined as being legal or illegal, such as the consumption of alcohol, adultery and interest-based transactions. In areas where definitive rulings do not exist or new realities are encountered, a legal expert is required to extract a ruling from Islamic texts. If the legal expert does not possess technical expertise in understanding a particular subject matter, then he or she is allowed to call upon the help of specialists to apprise them of the reality - for example, a doctor to explain the technical aspects of human-cloning. This process is known as Ijtihad.

In a situation where a numerous legal experts have extracted an array of opinions on the same matter, based upon either a variation of their understanding of the technical reality or use of different principles in accessing non-definitive Islamic texts, it is then up to the ruler of the state to adopt one opinion for it to become the sole reference point in law.

A problem therefore is apparent in the Pakistani law-making process: legislative chambers that are filled with individuals unqualified to extract laws from Islamic sources from a jurisprudential perspective are enacting laws for the country to follow simply according their own limited knowledge and experience rather than turning to divinely revealed guidance.

Further, the powers of the executive are ill-defined between the president and the prime minister, while according to Islam these should be vested in a single ruler and thus enable him to adopt laws extracted according to Islamic texts. This is crucial, as under the current democratic system even if both legislative chambers of the National Assembly and Senate were filled with qualified jurists, the mechanism to enact an extracted legal opinion into law would be missing, leading to confusion and potential conflict.

Additionally, political parties enact laws upon the basis of populism, pragmatism and imitation of the West rather than looking to Islam for solutions. The political context of law-making cannot be ignored, as laws are made by the corrupt to serve their own personal interests, without the restrictions that divine Islamic texts would impose, as well as to serve the economic, military and political agenda of foreign colonial powers.

This political backdrop, combined with conceptual deficiencies within the constitution, has created a secular state in Pakistan that goes against the beliefs of the people and their desire to live by Islam. A cursory look at some key areas of governance reveal how different Pakistan is to what an Islamic state should be.

The Economy

Whether it is banks that serve the individual or businesses with loans, political parties that promise micro-finance schemes for the poor or the government that borrows from home or abroad, interest is a key component of all major financial transactions. Yet the Islamic prohibition of interest is clear:

Those who consume interest cannot stand [on the Day of Resurrection] except as one stands who is being beaten by Satan into insanity. That is because they say, "Trade is [just] like interest." But Allah has permitted trade and has forbidden interest. So whoever has received an admonition from his Lord and desists may have what is past, and his affair rests with Allah. But whoever returns to [dealing in interest or usury] - those are the companions of the Fire; they will abide eternally therein. TMQ 2:275

At the behest of foreign lenders such as the International Monetary Fund and World Bank and as a result indoctrination in capitalist economic theory, governments of all political hues have set upon a program of privatization for decades in areas such as energy, telecoms and other key infrastructure. In a hadith narrated by Imam Ahmed and Ibn Maja, Muhammad (saw) states, "The Muslims are partners in three, water, pastures and fire."

While private ownership is permitted in Islam public resources such as mines, energy utilities and infrastructure are to be owned by the state to enable the people to benefit, rather than the private sector to profiteer. The result of pursuing this policy under various governments has led not only to rising prices in all areas of the energy sector but shortages due to the greedy pursuit of higher profits.

Foreign Policy

Pakistan's alliance with the United States post 9/11 is an example of policy making devoid of Islamic guidance. Pakistan has not only harmed itself economically and militarily as a result, but it has facilitated the killing of tens of thousands of Muslims civilians on both sides of the Af-Pak border. Muhammad (saw) said as narrated in Sahih Bukhari:

A Muslim is a brother of another Muslim, so he should not oppress him, nor should he hand him over to an oppressor. Whoever fulfilled the needs of his brother, Allah will fulfill his needs; whoever brought his (Muslim) brother out of a discomfort, Allah will bring him out of the discomforts of the Day of Resurrection, and whoever screened a Muslim, Allah will screen him on the Day of Resurrection.

The provision of bases and supply lines to America, the tacit approval of drone strikes and the conduction of campaigns by the Pakistan military all stand as contradictions to this guidance.

The Legal System

The legal system is based upon British common law. Regardless of some incorporation of Hudood, it is inconceivable that justice as an Islamic concept could be established within Pakistan when the judiciary judge according to other than that what Allah has revealed:

And judge, [O Muhammad], between them by what Allah has revealed and do not follow their inclinations and beware of them, lest they tempt you away from some of what Allah has revealed to you. And if they turn away - then know that Allah only intends to afflict them with some of their [own] sins. And indeed, many among the people are defiantly disobedient. TMQ 5:49

Pakistan is being ruled on a non-Islamic basis, backed by an Islamically deficient constitution. The laws and policies that are created as a result of this situation benefit the corrupt elite and foreign powers immensely, as it leaves the people and resources of the country open to exploitation and abuse.

The fact that stakeholders in the existing system benefit from such a set-up and are attracted to it due to the potential to profiteer means that change cannot be expected to occur from within, no matter how long the masses wait.

This situation has arisen over a period of decades under the rule of various parties and military dictators. It stands as the greatest negation of the argument of gradually implementing change by working within the existing system; almost 70 years after its creation Pakistan not only remains un-Islamic as a state but is hurtling further in the direction of liberalism and decay. Surely the requirement of the times is to bring comprehensive and swift change to the political set up?

The Islamic nature of Pakistan is not the preserve of any one group or organization, nor is it restricted to certain political issues. It is related to the belief of people from all walks of life. It is therefore incumbent upon all to engage in the discussion of how meaningful change can be enacted to enable Pakistan to be a true Islamic State.

Muhammad Asim

Twitter: @AsimWriter

Published on 21st February 2014 on Asia Times Online as
Pakistan's constitution conundrum

The toppling of Morsi is a blow for Secularism

“Any customer can have a car painted any color that he wants so long as it is black" – Henry Ford

The ouster of Mohamed Morsi as President of Egypt in a coup d’état by the military will reverberate not only across the political landscape of the ancient land but that of the entire Muslim world. Morsi, whilst viewed globally as a barely acceptable face of political Islam, represented but a segment of a wider movement in the Muslim world calling for the implementation of Shariah law by the State.

Numerous polls have shown overwhelming support amongst the global Muslim populace for making Shariah the official law of the land. The latest of such research is that of the Washington based Pew Research organisation entitled ‘The World’s Muslims; Religion, Politics and Society’ which was released on April 30, 2013. The poll found that in 25 of the countries surveyed the majority of Muslims supported Shariah being the law of the land. Notable findings were Iraq (91%), Malaysia (86%), Niger (86%), Pakistan (84%), Morocco (83%), Bangladesh (82%), Egypt (74%), Jordan (71%) and Nigeria (71%). What is intriguing about these findings is not just the level of such support but the amount of diversity amongst the respondents gives pause for thought; whether one finds themselves in Africa, the Middle East, South or South East Asia, they would find a consistent political ambition amongst the people.

So why has Morsi been rejected in Egypt? To the uninitiated a bearded man from a party, whose name drips with Islamic symbolism born in the nationalistic aftermath that followed the collapse of the Ottoman Caliphate, which for many years adopted the slogan ‘Islam is the solution’ would be the realisation of anyone who desires Shariah law.

On a superficial level the Morsi government failed to address the economic malaise faced by Egypt leading to mass discontent. Yet there is also a deeper answer hiding in plain sight; the Muslim Brotherhood had not only forsaken Islamic politics decades ago but became the champion of democratisation, predicated on secular thought, across the Muslim world. Its actions subsequent to the demise of Hosni Mubarak epitomise its wandering political compass, which have compounded Egypt’s woes.

Early on in the revolution it was quick to distance itself from championing the mass movement, which many interpreted as a sign that it was projecting a moderated stance to the global media lest Western states decided to intervene against it. This was designed as much for the consumption of world as it was for the military, the real power behind the Egyptian throne.

Appropriate noises were made about wanting a civil state rather than an Islamic one which led the Brotherhood being allowed to contest the elections as the Freedom and Justice Party. Many supporters ignored this call due to a mixture of viewing it as political subterfuge and holding the idea that an Islamic state could be achieved from within a secular democratic setup by gradual implementation of Islamic principles. Once in power, rather than using this success at the ballot box as a mandate for political change, the Brotherhood ended up continuing many of the key policies and ideological direction of the Mubarak era.

Economically it was unable to address the issue of resource distribution, with the military and Mubarak era governments controlling up to 40% of the economy. As these elites moved wealth out of the country, the Egyptian Pound plummeted leading to a widening trade deficit as Egypt attempted to service its energy and food imports using a weakened currency. Out of ideas, Morsi turned to the IMF for interest based loans. All of these policies were born of the crucible of economic liberalism, with no Islamic economic policies such as the introduction of a bi-metallic backed currency, the abolition of natural resource monopolies or the shifting of the tax burden from income and consumption to capital and produce in sight.

In terms of foreign policy the army ensured that Egypt continued to support the goals of its benefactor, America, rather than reflect public sentiment in Egypt. This lead to the reaffirmation of the Camp David accords, blocking the tunnels to Gaza and mostly silence on the issue of the Syrian revolution. This ran counter to the expected dropping of national borders to unify with other Muslim countries to create a wider Islamic union and the removal of Western supported dictators in the Arab world by supplying political/military support to other revolutions in the region.

Despite unending compromise on practically every major issue to placate Western states abroad and secularists at home, the Brotherhood was still ejected from power. This will leave many supporters of not just the Brotherhood directly but the politics of gradualism and participation in a democratic process with much to think about. If democracy cannot tolerate the will of the people if it happens to be Islamic, then is it truly just a mechanism for representing popular opinion or is it a system unable to function without the values of secular liberalism being implemented? Is it really the political equivalent of Henry Ford’s choice of colour?

The ramifications of the answer to this question would be important not just to the fate of Egyptian politics but to that of the entire Muslim world. The Muslim Brotherhood has inspired many movements in the Muslim world which have espoused political participation in democracy rather than an attempt at radical change to establish an Islamic State. If the Brotherhood can be tossed aside, despite decades of work and masses of support on its home turf, how can such a system hold any hope for meaningful change?

Lessons learned from Egypt would suggest that any real change requires the backing of the armed forces rather than a conflict with them or a simple change of face on the political front. Further, it would seem that regardless of how much political Islam compromises it would never be perceived as sufficient by secular segments of society, so why try at all?

The coming months and years could see the biggest drop in adoption democracy amongst the proponents of Shariah law across the Muslim world. Ironically, this would have been precipitated by a coup backed by secularists and implicitly by Western powers to rid one country of any influence of political Islam.

Muhammad Asim

Twitter: @AsimWriter

Published on 8th July 2013 in The Nation (Pakistan) as Morsi’s toppling: a blow for secularism

Secularistan

There has been a concerted push in recent weeks and months, culminating on 14^th August, by the chattering classes to denounce all things Islamic in Pakistan and call in earnest for secularism to be implemented. Religion was never supposed to control the State as it supposedly does today. Citizenry were supposed to be free to visit whatever house of worship they chose in pursuit of glorifying their deity, but the deal was they were to keep their beliefs out of running the country. This allegedly has not happened and now we have ended up with a failing backward State, with blame for this being laid on the door of Islam. Enter the secular crusaders, here to save the nation by the light of liberalism!

But before the noble forces of hedonism are unleashed on the people it is worth asking that is Pakistan a State based upon Islam? Yes we have the word ‘Islamic’ in the name of the country and yes there is something written in the preamble of the ever amendable constitution that says no law will be enacted that is ‘repugnant’ to Islam. However mere words do not make a State Islamic (legally non-binding ones too at that). Whether under dictatorship or democracy, Pakistan has always enacted laws which have served the will of the ruling class. When Islam has been dragged out of the mosques it is confined to, it has been by politicians seeking to win influence over the people or rulers taking decisions for the sake of political expediency rather than attempting to deduce the hukm of Allah on a matter.

The case of Raymond Davis is case and point; the CIA was let in to the country by the secular dictator Musharraf and allowed to stay and expand by secular democrats of the current regime. That Islam considers the presence of foreign military/intelligence personnel on its territory as forbidden is irrelevant. But when caught in a bind over the murderous actions of the spy of our ‘ally’, rules of diyat were used to get him off the hook. One wonders what happens to the Islamic enthusiasm of these rulers when it comes to cutting the hands of those corrupt thieves in power.

Indeed the few areas of the State where Islam is involved, such as family law, actually proves to reflect the true secular spirit; the rejection or selective adoption of God’s law based upon the judgement of man, thus resulting in the latter transcending the former in authority.

So what do our secular warriors cry out for? It isn’t as if though Islamic rules on private property or land distribution are shaping the economy. It isn’t as if the Islamic directive to have a currency backed by the gold standard instead of a weak fiat system is being adhered to. It isn’t as if though the rules of Islam of freeing your Muslims brothers around the world from occupation are guiding the foreign policy. It is not as if though the political system is based upon the Shariah model of the Caliphate. So what is it?

The secularists have long coveted the Western secular model which is failing before our very eyes for Pakistan. However due to ironically having blind faith in the West these secularists refuse to accept that events like the UK riots and the collapsing global financial system are results of the values that secular liberalism espouses. Concepts of individualism and consumerism are driving the decline of Western power in every sphere ranging from the societal to the economic. Despite this, the secularists are bent upon implementing such a bankrupt model on the country due to a combination of their desire to indulge their whims and lusts as well as their disdain of Islam.

At home, they are alarmed that the very political system which has made them rich, powerful and influential is also coming under threat. Pakistanis are increasingly disillusioned with the same old tired chants of democracy, democracy, democracy. The people have seen that there is no material difference in policies between a democracy and dictatorship; both secular systems subjugate the nation to America and sustain the same corrupt politicians and political parties. Both systems support a deeply unpopular war and support murderous drone strikes on their own kith and kin. Both fail to address serious problems in the economy such as crushing poverty, mounting national debt due to loan addiction, rampant inflation and a chronic shortage of energy. Both fail to establish rule of law in society where the rich and the poor, the powerful and the weak are subject to same justice. Both fan the flames of sectarian hatred as a tyrannical few desperately try to hold on to power and wealth in places like Karachi, playing politics with lives and blood of innocent bystanders.

Pakistanis are increasingly turning towards ideological Islam as practiced by the Holy Prophet (saw), which the secularists condescendingly label as Islamism. They desire a true Islamic State, the Caliphate, on the model of the State the Holy Prophet (saw) established in Medina. This is something the secularists cannot stand, leaving them with no option but to engage in flippant discussion amongst themselves whilst shutting down any voices of dissent, with force if necessary. Peaceful political groups like Hizb ut Tahrir are subjected to abductions and shambolic bans; actions which apparently do not contradict their secular liberal beliefs. Large amounts of money are ploughed in to foreign sponsored projects and organisations which claim to combat extremism whilst leading the youth astray.

At the time of the Holy Prophet (saw) the Quraish would employ identical tactics in an attempt to crush the message of Islam. Amongst these included torture, boycott and even spending money to hire dancers to distract the people whilst the Holy Prophet (saw) proclaimed his message in public. There were those who would thrust their fingers in to their ears and told others to do the same just so the message of Islam could be ignored.

It is ironic how much these so called modernists have in common with folk who lived 1400 years ago, though sadly not those on the side of Islam. The secularists should be warned however that such tactics have never worked in history and that they cannot fight the message of Islam with incoherent babble or brute force. If they truly wish to prove themselves superior, let them publically debate those working for the Caliphate so people can see whose ideas are truly the strongest and worth following.

What do they have to fear in debate apart from losing?

Muhammad Asim.

The author is a freelance columnist.

 

Twitter: @AsimWriter