irfan@pluto.dss.com (Syed M. Irfan Ashraf) (04/23/91)
This is the complete text of the Shariah bill as presented in the national
assembly be Chaudry Ameer Hussain, the federal minister for Law, Justice, and
parliamentry affairs of Pakistan on Thursday 04/11/91.
This is a translation from the Daily Jang Karachi, Friday 04/11/91.
Please excuse typos and possible mistakes.
Irfan
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Starting with the name of God, the most merciful and magnificient.
::
As Allah (Suhanahu-wa-Taala) is the whole sole final Lord of this world
and as the people of Pakistan are granted to use the right within
established limits to administer and rule, through their elected
representatives, as a sacred gift
and because Islam has been declared the state religion of Pakistan,
therefore its become mandatory and compulsory for all muslims
to follow the rules of the Holy Quran and the Sunnah
and to arrange their lives in complete obedience to the God's law
and because one of the basic liabilities of an Islamic state is
to ensure the security of the honour, life, freedom, property, and rights
and to ensure the peace and order in the society
and through a free Islamic system of justice provide cheap and immediate
justice to all portions of the society
and since gambling, sex, prostitution and other social evils all together
deny an Isalmic society; to totally put this into check and uproot these
and since it is necessary
to enunciate laws in accordance with the Holy Quran and Sunnah
and to realize the wishes and desires of the people of Pakistan through
some accepted procedure
and to implement their decision in all ways, which is the primary pillar of
Islamic law system
And since it is necessary in order to achieve the above mentioned goals and
objectives to support the state's steps through law and constitution,
therefore the undermentioned law is being enunciated :
1. Short title, Scope, Effective date :
1. This act will be named as 'Nifaz-e-Shariat Act 1991'.
2. It shall hold throughout the whole of Pakistan.
3. It will be effective immediately.
4. None of the definitions of this law will act upon the personal laws
of Non-Mulsims.
2. Definitions :
In this act until declared in the text, Shariat refers to those rules of
Islam as decided in the Holy Quran and Sunnah.
Interpretation and views : As decided in the article 227 of the
constitution the words "Holy Quran and Sunnah" mean the explaination and
interpretaion of that particular sect.
3. Authority of Shariah :
The Holy Quran and Sunnah will be the most supreme law of Pakistan.
4. Judgements :
The judgement of of all laws will only be in light of the Holy Quran and
Sunnah. For the purpose of this act :
- If for a law in subject, more than one interpretation and explaination
is possible then the Jurispudence will be authorize that interpretation
which is in accordance with the Islamic principles and Islamic laws.
- Whenever two or more interpretations are possible equally then the
jurispudence will authorize that one which promulgates and prevails
the Islamic laws and supports the strategy mentioned in the
constitution.
5. The abidance and respect of Shariah :
All the Muslim citizens of Pakistan will follow their lives in accordance
to Shariah.
6. The education and training of Shariah :
The state will undertake effective steps for
a. At all appropriate levels of education and technical training fields,
the teaching and training of Shairah, Islamic laws, and Islamic
principles and all other related fields.
b. To include the Shariah as a subject in the curriculum for all Law
colleges.
c. For the teaching of Arabic language.
7. Educational Islamization :
a. The state as an Islamic society will take steps for a comlete and a
balanced development and to ensure that the basis of the educational
system of Pakistan is founded on the Islamic conventions of teaching,
education and personality building.
b. To Islamize the education and information media the state will appoint
within 30 days of effectiveness of this act a commission of law experts,
Shariah experts and elected representatives whom she deems appropraite,
and will name one as chairman amongst them.
c. The responsibilities of the commision will be to analyze the current
educational system and to give its recommendations to achieve the goals
specified in the sub-heading 6.
d. The report of the commission will be presented to the state which shall
be responsible to bring it up for the both houses of parliaments.
e. The commission in whichever way it feels appropriate will be authorized
to carry on its activities and take steps to implement its procedures.
f. The administrative depts., organizations, and all local authorities will
cooperate with this commission in all reqd. matters.
g. The state shall be responsible for all the administrative issues of
this commission.
8. Islamic Economy :
a. The state shall take steps to ensure that the structure of economy
is laid on the economic goals as prescribed by Islam, the Islamic
principles and priorities.
b. The state will appoint within 30 days of effectiveness of this act
a commission of economic experts, law experts , Shariah experts, elected
representatives and some otherr people whom she deems appropraite,
and will name one as chairman amongst them.
c. The responsibilities of the commision will be :
- To recommend such steps and techniques including appropriate
equivalents through which the economic system presented by Islam
can be established.
- As described in the article 38 of the constitution, for the social
and economic welfare of the masses, to recommend ways, means,
resources and strategy to bring this change in the economic sytem
of Pakistan.
- For any financial law or revenues or imposition of fees and to
collect the same, to check out the procedure, convention and the
justification of the law, banking law or insurance policy laws etc.
whether they are contradicting the Shariah. And to give
recommendations to bring those offending laws in accordance to
Shariah or provide equivalents.
- In effort of Islamization of Shariah, if any lack of progress and
hinderance is there, to point them out and while giving a solution,
watch them cautiously.
d. The commission shall watch, within a short term, removal of 'Riba' from
all fields of economic activities and shall present recommendations to
the state which ensure the complete upprooting of Riba from economy
within 3 years or until the parliament provides for an extension to
this period.
e. The commission, on a regular basis and on appropriate times shall
present its reprots to the state which shall present it to both the
houses of the parliament, and will also answer all questions regarding
the establishment of Islamic economic system on behalf of the state.
f. The commission in whichever way it feels appropriate will be authorized
to carry on its activities and take steps to implement its procedures.
g. The administrative depts., organizations, and all local authorities will
cooperate with this commission in all reqd. matters.
h. The state dept of treasury will be responsible for all the
administrative issues of this commission.
9. The Media :
The means of public and mass communication will act to prevail and
promulgate Islamic ways and conventions.
a. The state will take steps to promulgate Islamic conventions through
the general media.
b. Anti-Shariah or programmes in disagreement with the Shariah including
pornographic material, will not be allowed for publishing and
prevailance.
10.Life, Rights, Property Security :
The state will take legistlative and administrative steps to ensure the
security and safety of the life, honour, freedom, rights etc. of its
citizens. And shall also undertake reforms in the administration and the
police dept for this purpose.
11.Bribery and discrepancies in duties :
The state will undertake administrative and legistlative steps to uproot
bribery, discrepancies and irrregularities and will establish exemplary
punishments for these crimes.
12.Nudity, illicit Sex and prostitution :
The state will undertake effective administrative and legistlative steps
to uproot nudity, illicit sex and prostitution.
13.Yes to good and rejection of bad :
The state will take effective steps to enunciate laws to promulgate good
deeds and uproot social evils on the principles of Yes to Good and
Rejection of the wrong as ascertained in the Holy Quran.
14.Legistlative system :
The state will take appropriate steps to establish an Islamic justice
system while removing the delay in decision making process, excessive
activities in different courts and high cost of justice and ensuring
the quest of truth by the courts.
15.Bait-ul-Maal (Welfare fund) :
State will establish a Welfare fund to help and assist the pooor, needy,
homeless, disabled, widows and orphans.
16.The theory of Pakistan :
The state will jump into the law making of the following laws :
a. As an Islamic state to protect the being and solidarity of the
'Nazriya-e-Pakistan'.
b. To prevent terrorism, sabotage and malicious activities.
c. To prevent the keeping of unauthorized weapons and their display.
17.False alligations and honour :
The state will undertake effective administrative and legistlative steps
to prevent false alligations, image destruction, privacy intrudence of its
citizens and also to protect their honour and fame.
18.International financial obligations :
Although the articles and points included in this act or any ruling given
under this act, before or after the effectiveness of this act,
all the agreements, liabilities, and responsibilities b/w a national
agency and a foreign organization whether existing or to be signed will
remain effective and actable until an equivalent economic system is not
established completely.
Definition : The word national agency/agencies means any federal or
provincial govt., any legal corporation, company, organization, trading
establishment or any person in Pakistan. The word foreign organization
refers to any foreign govt., financial organization, foreign trade
markets, including banks and any other loan providing agency including
any provider of goods or services.
19.Completion of current liabilities.
None of the articles and points included in this act or any ruling given
under this act, shall not act upon the cause of any financial liability
including those responsibilities which were agreed upon by the federal
govt, any provincial govt., or any financial or legal agency or which are
deemed imposed through any agents/documents or usage of services for
which they are considered liable to be in a bonding. And all those
agreements, liabilities, and responsibilities will be valid, compulsary
and effective equivalent economic system is not established completely.
20.Rules & Regulations :
The federal govt. through announcement in state media, shall be able to
formulate rules and regulations to implement the objectives of this act.
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Irfan
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All praises to God; The Sustainer/Lord of all universes.
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Irfan
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All praises to God; The Sustainer/Lord of all universes.sam@iastate.edu (Masroor Syed A) (04/24/91)
Thanx Irfan for posting the bill. It seems that the govt of Pakistan is for Islamization as long as it does not clash with its own interest. This bill is certainly not worth the hoopla it is creating. It confirms my belief that Islam can only be implemented by people committed to it and not by those for whom its a matter of political expediency.