Games of law

In its latest pronouncement the Council of Islamic Ideology has said it is authorised to issue an edict on any issue of its choosing. This verdict by the chairman of the body, Maulana Muhammad Khan Sheerani, is not likely to settle concerns which already exist about the role of the body and its recent attempt to hold back fundamental rights by opposing laws to protect women in both Punjab and Khyber Pakhtunkhwa and by stating a few months ago that child marriages were legitimate. Islamic scholars from around the country and beyond its border have rejected these curious interpretations of a religion that protects all who follow it. The time has perhaps come when we need to define more precisely why the CII continues to exist and what its purpose is. Constitutionally speaking, the body is intended to advise the legislature on whether or not a law conforms to Islamic principles. There is no suggestion that it can issue ‘fatwas’ of its own accord or demand that these be converted into law. It is also correct that very few of the decisions made by the CII over the past years have been taken up by parliament. We must then ask if the council is redundant.

The question also arises over how Islamic law is to be interpreted. In most cases the decision seems to lie with the chairman of the body, Maulana Sheerani of the JUI-F, known as a hard-line conservative. Previous persons who have headed the council have taken precisely the opposite line on many issues. Their arguments and recommendations are on record. Given our present situation it is important that we try to avoid confusion in the law of the land. The fact is that this law is very poorly enforced in the first place and we face a crisis related to rule of law. Given this, it is important to follow constitutional dictates in order to give us a sense of direction. The constitution clearly protects the rights of children, women, minorities and other marginalised groups living within the country. The broader impact on society of any verdict delivered by a controversial CII then has to be considered. It is also important that a bigger base of Islamic thought be brought into play and put before the public rather than decisions made by a narrow group of individuals.