From Jinnah to Zia

A banker by profession, Salim Ansar has a passion for history and historic books. His personal library already boasts a treasure trove of over 7,000 rare and unique books.
Every week, we shall take a leaf from one such book and treat you to a little taste of history.
BOOK NAME: From Jinnah to Zia
AUTHOR: Muhammad Munir, Chief Justice of Pakistan (r)
PUBLISHER: Vanguard Books Ltd - Lahore
DATE OF PUBLICATION: 1980
The following excerpt has been taken from Pages: 75 — 79

“In this book the learned former Chief Justice of the Supreme Court of Pakistan, who first articulated and upheld the famous ‘law of necessity’ (whereby hangs a Pakistani tale), asks the most relevant question of the time. Was the new Pakistani state a secular or theological one? How have subsequent leaders and regimes visualized the nature of the state and to what consequent? What is the form and content of the ideology of Pakistan? What is the nature of the relationship between certain political parties, like the Jamaat-i-Islami and Islam and Pakistan? How will recent amendments to the 1973 Constitution affect the body politic of this country? How can the resurgence of Islam be placed in the wider context of geo-political changes in the Middle East and the South Asian region?
THE FIRST CONSTITUTION
“The period from 24th October to 12th April 1955 was a period of crisis created by the dissolution of the Constituent Assembly by the Governor-General, Ghulam Muhammad. During this period nothing was said about Islam, the Quran and Sunnah, the compilations of hadis or the exposition of Islamic law by the four imams and the two disciples of Imam Abu Hanifa. The whole attention of the country was riveted on the litigation before the Federal Court which instead of going back to the Quran and Sunnah was going back to England, to the days of Bracton and Lord Mansfield and was engaged in expounding the traditions of democracy, and the crown’s prerogative in the British Colonies, possessions and dominions. When after the Federal Court’s decision in Yusuf Patel’s case on 12th April 1955, the second Constituent Assembly began to function under the leadership of Chaudhri Muhammad Ali, it, among other laws, within a period of six months, framed the Constitution of 1956 which having been passed on 29th February 1956 received the assent of the Governor-General on 3rd March 1956.
“Though the Constitution of 1956, in its preamble referred to a declaration by the Quaid-i-Azam Muhammad Ali Jinnah that Pakistan would be a democratic State based on Islamic principles of social justice, it was in its contents entirely different from what the Quaid-i-Azarn had said in his speech of 11th August 1947 and earlier in an interview with the Reuter’s correspondent, Mr. Doon Campbell. It referred to safeguarding the legitimate interests of minorities whereas according to the Quaid-i-Azam there was to be no distinction between minorities and majorities-a position which had been confirmed by the Liaquat-Nehru Pact of 8th April 1950.
“Though the 1956 Constitution was based, principally, on the pattern of the Government of India Act, in as much as it gave to the Governor-General power to appoint the Prime Minister and to dissolve the assembly, it laid special emphasis on its Islamic feature which were:
1. The State was named as the Islamic Republic of Pakistan.
2. The Head of State was to be a Muslim.
3. There was a recital in the preamble of the Constitution, take from the Objectives Resolution, that sovereignty over the entire Universe belongs to Allah Almighty alone and that the authority to be exercised by the people of Pakistan within the limits prescribed by Him is a sacred trust.
4. That the principles of democracy, freedom, equality, tolerance and social justice as enunciated by Islam, were to be fully observed.
5. That the Constitution was to be such as would enable the Muslim of Pakistan, individually and collectively, to order their lives in accordance with the teachings and requirements of Islam, as set out in the Holy Quran and the Sunnah.
“The statement in the Directive Principles of State policy were that:
(i) unity in the country was to be promoted;
(ii) steps were to be taken to enable the Muslims of Pakistan to order their lives in accordance with the Holy Quran and Sunnah;
(iii) the state was to endeavour, as regards the Muslims of Pakistan
a. to provide facilities whereby they may be enabled the understand the meaning of life according to the Holy Quran and Sunnah;
b. to make the teaching of the Holy Quran compulsory;
c. to promote the unity and the observance of Islamic moral standards;
d. to secure the proper organization of zakat, wakf and mosques;
e. to prevent the consumption of alcoholic liquor; and
f. to eliminate riba (usury).
“The President was to set up an organization for Islamic Research and Instruction in advanced studies to assist in the reconstruction of Islamic society on a truly Islamic basis. No law was to be enacted which was repugnant to the injunctions of Islam as laid down in the Holy Quran and Sunnah and existing laws were to be brought in conformity with such injunctions. Effect was to be given to this provision by the appointment of a Commission to make recommendations:
(i) as to the measures for bringing the existing laws into conformity with the injunctions of Islam;
(ii) as to the stages by which such measures should be brought into effect; and
(iii) to compile in a suitable form for the guidance of National and Provincial Assemblies such injunctions of Islam as could be given legislative effect.
“It is important to notice that the Commission was merely to make recommendations; and it was for the legislature to adopt and make a law in accordance with them. By themselves the recommendations had no legal force.
“A cursory glance at these provisions would show that it is in direct conflict with the secularism of the Quaid-i-Azam. The National Assembly under this Constitution is not sovereign in the sense that it can make any law it considers suitable or necessary during the period of its term. On the termination of its term or its dissolution, people in a fresh election can judge whether a member of the Assembly has come up to the expectation of his electors. If he does not, they can elect another man to represent them in the Assembly. Thus an entirely new Assembly may come into existence. In a democratic form of government sovereignty in the political sense rests in the people. This is precisely what the Quaid-i-Azam meant when he stated to Mr. Doon Campbell that the new state would be a modern democratic state in which sovereignty would rest with the people. In the 1956 Constitution, however, sovereignty rests with Allah and religious restrictions are imposed on the power of the legislature. The Constitution is mostly, almost exclusively, for the Muslims, the minorities not having equal rights with the Muslims’ and being merely entitled to safeguards to protect their legitimate interests. Lastly, there are to be different laws for the Muslim majority and the non-Muslim minority. The name of the country is the Islamic Republic and only a Muslim can be the Head of State, the latter provision being entirely unnecessary, and having been incorporated to show the Islamic character of the State.
“Chaudhri Muhammad Ali’s Constitution was in accordance with the Objectives Resolution but a reversion to basic principles is evident from Ayub Khan’s regime. He (Ayub) emphasized in the preamble Islamic Principles of equality, justice and toleration and in his composition of the Advisory Council there were Ulama of liberal thought and several officials and lawmen who could understand the problems, that arose from time to time.
“The results that follows from the statements of the Ulama may now be stated as follows:
1. that the Quaid-i-Azam’s conception of a secular state and of a Pakistani nation was a satanic conception;
2. that the Muslims of India could not be loyal to or faithful subjects of the Indian Government;
3. that it is Kufr for them to take any jobs and that according to the present Amir of Jamaat-i-Islami if any post in India-is offered to them, it is their duty not to accept it;
4. that the same is the case with Muslims living under non-Muslim governments: in other places of the world, their estimated number at the time of the inquiry being 30 crores;
5. that Pakistan; which as compared with India, is a smaller state is bound to take Indian Muslims in it and has no jurisdiction to refuse to take them; but Pakistan has neither the resources nor land for their settlement;
6. that since the demand for Pakistan was generally supported by the Indian Muslims, they have as much right as Maulana Maududi to come and settle in Pakistan, but Liaquat Ali Khan as early as April 1951 barred their entry for settlement in Pakistan by passing the Pakistan Citizenship Act.
“Thus we left four crores (now 10 crores) of Muslims in India to their fate and according to the ideology of Jamaat-i-Islami they can neither accept any job nor according to unanimous opinion of other divines they can be faithful subjects of India.
“It is pertinent to mention an excerpt from Dinkar Joshi’s book ‘Quaid-e-Azam Muhammad Ali Jinnah - The Man Behind the Curtain (A biographical novel based on life of the man who reshaped the map of India)’ published by Pentagon Press Dehli from Chapter III, Liaquat-Jinnah Dialogue, at Ziarat - Page # 11 & 12:
“After accepting the position of the Prime Minister, it is my duty to take my Ministerial colleagues and the people of the country into confidence.
“‘Your duty is simply to follow my order. You can accept whatever information Dr. Illahi Baksh gives to you about my health and act accordingly. I do understand why you are so concerned about my health.’
“‘You are misunderstanding, Quaid-e-Azam’, said Liaqat in soft voice.
“‘Perhaps I have misunderstood until now, but now I understand the truth, I am not ignorant of your intention.’
“‘You are unnecessarily getting annoyed, Quaid-e-Azam. Serving the country and its people is my noble intention, Insha Allah.’
“‘The manner in which you are working surrounded by Mullahs and Maulvis, the Pakistan of my dreams cannot be created. My Pakistan can only be modern, not medieval. I have made you the Prime Minister for making Pakistan a modern nation. I feel, my decision was wrong,’ said the Quaid-e-Azam in a loud and angry voice.
“Dr. Illahi Baksh, who sat in front, noticed the excitement in Quaid-e-Azam’s eyes.
“He stood up came close to the bed and said, ‘Sir, now you must take rest, we will take care of the rest’. ‘Mr. Prime Minister. You understand what I am saying’ said the Quaid-e-Azam disregarding the doctor’s advice. ‘I demanded Pakistan in the interest of Hindus and Muslims-living for centuries in this subcontinent. But, the events, of the past one year will lead to permanent suffering of both these communities. You are not moving in the right direction; you are taking Pakistan towards the medieval age to be ruled by the Mullahs and the Maulvis. This is not acceptable to me. Now, enough! I feel like going to Delhi and meeting Jawaharlal to tell that ... ... ...’
“‘Bhaijaan’, Fatima put her palm on the quivering lips and interrupted, ‘Now, you do not say anything ... Your health does not permit you to exert so much,’ and then turning to Liaqat Ali Khan, she said, ‘Prime Minister, I think it would be better if we sit in another room to talk further on this’.
“‘Liaqat looked at Fatima curiously. Nobody could understand what was happening between two. Liaqat got up with faint smile. ... ... ...’
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