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February 26, 2014

CII finds 700 laws in conflict with Islam but nothing done as yet

 
February 26, 2014

ISLAMABAD: There are more than 700 federal and provincial laws which have been found in conflict with Quran and Sunnah by the Council of Islamic Ideology.Yet none of the Council’s recommendations were ever considered by the parliament or any of the provincial assemblies to bring such statutes in line with Islamic teachings.
A study of the CII reports and the continued apathy of the parliament to bring such laws in line with the teachings of Islam, expose the mother of all constitutional violations as the constitutional provision envisaging that no law in Pakistan could be made against Quran and Sunnah is nothing but a farce to deceive the people.
All the laws of the country from pre-independence period till 2002- almost 6,000 in number- were reviewed by the CII which found that at least 700 require amendment to
get in line with Quran and Sunnah.
In addition to these specifically mentioned laws violating Quran and Sunnah, certain general recommendations of the CII like on country’s economic system also involve a very high number of laws which are required to be brought in line with Islamic teaching.
In a series of its reports from time to time, the CII sought amendments in hundreds of laws but none of these reports were even considered by any parliament or any provincial assembly. Consequently the very purpose of making the Constitution Islamic has failed to materialise.
Besides the Objective Resolution and Article 31 of the Constitution, this scandalous deception with the Constitution involve violation of the Article 227 of the Constitution, which reads as: “(1) All existing laws shall be brought in conformity with the Injunction of Islam as laid down in this part referred to as the Injunction of Islam, and no law shall be enacted which is repugnant to such Injunctions.”
The CII reports, available with The News, show that at least 429 federal and provincial laws of the pre-1974 era (till 14 August 1973) were found in friction with

Islam and Shariah by the Council in its first report, which was presented before the Senate, National Assembly and all the provincial assemblies but considered by none of them.
The pre-August 1973 laws again included such 162 federal laws, 77 laws of Balochistan, 60 statutes of Khyber Pakhtunkhawa, 89 laws of Punjab and 41 laws of Sindh.
The laws enacted between 14 August 1973 till 4 July 1977 as reviewed by the CII include 94 laws which were found in friction with Islam and Shariah and thus were accordingly recommended to be amended but to no avail. These laws include 50 laws of the federal government and 44 laws belonging to the four provinces.
Yet another CII report includes the laws reviewed during the period from 12 Oct 1999 till 31 December 2002 which has 25 federal laws and four provincial laws which were recommended for amendment as per the Constitution to bring them in conformity with Quran and Sunnah.
However, this report of the CII too was overlooked.In other annual report of the CII for different years, similar violations in dozens of federal and provincial acts were highlighted with recommended changes. These reports were also presented before the parliament and provincial assemblies but they were never considered.
According to the CII sources an unknown number of such laws were challenged in the Federal Shariat Court and were accordingly declared un-Islamic which led to bringing them in conformity with Quran and Sunnah. The parliament, the sources said, on its own have also been introducing Islamic laws. However, the number of such laws is small.
“The constitutional way of bringing all existing laws in conformity with Quran and Sunnah on the recommendation of the CII reports has never been followed,” the source lamented.
The laws which are recommended to be amended in line with Quran and Sunnah besides others include some important laws like The National Accountability Bureau Ordinance 1999; The National Database and Registration Authority Ordinance, 2000; The Removal from Service Ordinance 2000; The Juvenile Justice System Ordinance of 2000; The National Commission on the Status of Women Ordinance, 2000; The Micro-Finance Bank Ordinance 2000; The Pakistan Insurance Corporation Ordinance 2000; The State Bank of Pakistan Ordinance 2001; The Anti Terrorism Ordinance 2001; Interest/riba related laws; Pakistan Army Act 1952; Pakistan Air Force Act 1953; House Building Finance Corporation Act 1952; PIA Corporation Act 1956; Census Population Act 1959; Civil Aviation Act 1960; The High Treason (Punishment Act, 1973; The Civil Servants Act, 1973; The Prevention of Anti-National Activities Act, 1974; The Banks Act 1974; The Passports Act, 1974; The FIA Act 1974; Allama Iqbal Open University Act 1974; The Evacuee Trust Properties Act 1975; The Suppression of Terrorist Activities Act 1975; The Senate (Election) Act 1975; The Prime Minister’s Salary, Allowances and Privileges Act, 1975; The Employees Old Age Benefits Act 1976; The Criminal Law Amendment (Special Court) Act, 1976 etc etc.

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