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Thursday April 25, 2024

Islamic provisions of Constitution on hit list

Electoral Reforms Committee targets Islamic provisions to protect corrupt and badly-reputed MPs

By our correspondents
August 01, 2015
ISLAMABAD: In a bid to make the Islamic provisions of Article 62 as totally redundant for the protection of corrupt and badly-reputed MPs, the sub-committee of parliament’s Electoral Reforms Committee has sought a constitutional amendment linking the implementation of such provisions with court verdicts.
The proposed amendments, if they finally get through parliament, will also be tantamount to hitting the fundamentals of the Constitution as the Islamic provisions are included in the basic features of the 1973 Constitution.
Contrary to the public demand that a mechanism be evolved for the implementation of Islamic provisions in the election of members of parliament so that only upright, honest and practising Muslims could only make it to the National Assembly and Senate, the sub-committee has suggested a proposal that would practically make these provisions redundant.
Interestingly, the Reforms Committee was primarily constituted to reform the election process in order to ensure that the polls are held fair, freely and transparently. However, in the garb of electoral reforms, the sub-committee has opted to target the Islamic provisions of the Constitution.
The Reform Committee’s documents as available with The News show that the sub-committee has sought a major amendment in Article 62(1)(d), (e) and (f).These provisions of Article 62 ensure that only men of good character, not commonly known as who violate Islamic injunctions, or those who have not adequate knowledge of Islamic teachings or those who don’t practice obligatory duties prescribed by Islam or don’t abstain from major sins, are not qualified to become member of parliament (National Assembly and Senate) or provincial assemblies.
Knowing well that any mechanism for the implementation of these provisions would disqualify most of the present MPs, the sub-committee recommends that these provisions would only be applicable on the basis of a court verdict. It means that a person, who does not offer regular prayers and yet is member of parliament could not be disqualified unless it is ruled by a court of law.
In the 18th Amendment, such a linking of court’s decision was made only with 62(1)(f) which provides for disqualification of a person who is not sagacious, righteous, non-profligate, honest and ameen.
Presently, the Article 62(1)(d), (e) and (f) reads as: “62 Qualification for membership of Majlis-e-Shoora (Parliament): (1) A person shall not be qualified to be elected or chosen as a member of Majlis-e-Shoora (Parliament) unless-....(d) he is of good character and is not commonly known as one who violates Islamic Injunction; (e) he has adequate knowledge of Islamic teachings and practices obligatory duties prescribed by Islam as well as abstains from major sins; (f) he is sagacious, righteous and non-profligate, honest and ameen, there being no declaration to the contrary by a court of law.”
The Reforms Committee has now been suggested by the sub-committee to amend these provisions in the following manner: “62: Qualification for membership of Majlis-e-Shoora (Parliament): (1) A person shall not be qualified to be elected or chosen as a member of Majlis-e-Shoora (Parliament) unless-....(d) he, there being no declaration contrary by a court of law, is of good character and is not commonly known as one who violates Islamic Injunction; (e) he, there being no declaration contrary by a court of law, has adequate knowledge of Islamic teaching and practices obligatory duties prescribed by Islam as well as abstains from major sins; (f) he, there being no declaration contrary by a court of law, is sagacious, righteous and non-profligate, honest and ameen.”