CONSTITUTION OF PAKISTAN – Part I

THAT the Muslims of this subcontinent, who constituted a separate nation of their own, apart from the Hindus, might be able to live up to the Islamic principles without any let or hinderance, was the basic cause that conduced to the creation of Pakistan. The Hindus had made no secret of their horrible, homicidal plan that they would, on the exit of the British from this country, establish a purely Hindu rule, the Ram Rajya, and the Muslims shall have either to renounce the alien religion of Islam that came from a foreign country, or quit the land of the Hindus bag and baggage. It was under such conditions that the Muslims of this sub-continent, under the excellent leadership of the Qaid-i-Azam, struggled and strove for the creation of Pakistan that they might be safe and secure from the intended annihilation and extinction, and be able to live up in accordance with the Islamic ideology without any fear or foul play. In this way the largest sovereign Muslim State of Pakistan emerged on the map of the world in spite of the huge and horrid obstacles that were thrown to strangulate and stop its first breath. The Muslims, of course, had to pay, on account of the perfidiousness and double-dealing of the out-going British rulers, a tremendous price for it in the form of life, honour and property.

Pakistan has now been in existence for twelve years which of course is no small period of time. But she has yet to vindicate and justify the reason of her existence, her real raison d’etre. The fact cannot be gainsaid that the benign climate of Islamic decency and dignity, for the achievement of which the Muslims had offered such a stupendous sacrifice, has not so far been created to prompt them to live a life in strict conformity with the Islamic ideology. The reason obviously was that the reins of government had unfortunately been in the hands of such vicious persons who were obsessed with but one passion of making hay by fair means or foul while the sun of their power shone on the land. But as Shakespeare has so beautifully put it in the mouth of Cardinal Wolsey:

“Corruption wins not more than honesty…. Be just, and fear not. Let all the ends thou aim’st at be thy country’s, Thy God’s, and truth’s; then if thou fall’st, O Cromwell, Thou fall’st a blessed martyr!

The corrupt rulers were rightly replaced by the Revolutionary Government which have now been in the saddle for a year rendering yeoman’s service to the country in the way of eradicating corruption and other anti-social activities. And in order to redeem the good promise of the Islamic regeneration made to the people during the Pakistan-struggle, this Government, it is strongly hoped, will take all the necessary steps, and transform this largest Muslim State of the world into an ideal Islamic State on the beautiful and benign pattern of the Khilafat-i-Rashidah.

The first Islamic State founded by the Holy Prophet ﷺ under Divine direction, had for its basis the first fundamental principle of democracy that sovereignty or rulership of the country was not the personal property of an individual or dynasty, nor could it be inherited by descent, from sire to son, but it belonged to the people who, of course had the power to confide the reins of government into such hands whom they knew to have been gifted with the capability and dexterousness to exercise authority and rule conscientiously. The head of the Islamic State never considered himself to be a representative of God on earth, but he was nothing more than a representative of men, chosen to serve them. He was, however, conscious of the fact that he was certainly responsible to God for every act that he did in the exercise of his authority. History perhaps cannot point to a greater conqueror than Umar, the successor of the Holy Prophet ﷺ. This great monarch of four kingdoms visited a famine-stricken place at night incognito, and when he found a poor woman with no food to give her children, he hurried back to Madina, a distance of three miles, and took a sack of flour on his back to feed the hungry woman and her children. A servant offered his services to carry the load, but Umar the Great replied with a cool conscience: “In this life you might carry my burden for me, but who will carry my burden on the Day of Judgment?”

The first successor to the Holy Prophet ﷺ was Abu Bakr who was elected as the head of the Islamic State by the agreement of all parties. In his very first address to the people he explained in clear and explicit language the constitutional position of the head of the State. He said:

“You have elected me as Khalifah i.e., successor to the Holy Prophet ﷺ as temporal head of the State, but I claim no superiority over you. The strongest among you shall be the weakest with me until I get the rights of others from him, and the weakest among you shall be the strongest with me until I get all his rights…. Help me if I act rightly and correct me if I take a wrong course. Obey me so long as I obey God and His Messenger. In case I disobey God and His Messenger I have no right to obedience from you.”

It can thus be easily seen that the Islamic State is a democracy in the truest sense of the term. Prior to the advent of Islam, absolute sovereigns ruled over the human race by claim of absolute right without any restriction or restraint. It was Islam only that introduced for the first time the democratic form of government in which the supreme power rests in the hands of the people and exercised directly or indirectly through delegated authority, renewed periodically. All the important affairs of the State, the Holy Prophet ﷺ proclaimed would be decided in accordance with the will of the people; and himself he set an excellent example to this effect on several occasions. When the battle of Uhad was to be fought, the Prophet ﷺ convened a meeting to know the will of the people as to whether the battle should be fought within or without the walls of Madina. His own opinion was that it should be fought defensively within the walls of the city. But majority of the people said that the battle should be fought outside the city-walls, and the Democratic Prophet, submitting to the will of the people, forsook his own personal opinion. Instances can be multiplied to show that in deciding important matters of the State, the Holy Prophet ﷺ always ascertained the will of the people and treated it with respect and regard. And without such an attitude of mind the foundations of the democratic Islamic State could not have been laid on a strong and firm footing. Turning to the present-day picture, however, we are not a little pained to perceive that most of the officers in Pakistan, instead of acting Prophet-like on the advice of their counsellors, turn them into tools for the gratification of their own selfish desires. But the Law of God is inevitable. Such officers fall, at last, in the deep pit of discomfiture and disgrace, losing the good will and confidence of the people; corruption wins not more than honesty.