Council of Islamic Ideology

(Synopsis)

The lecture of “Council of Islamic Ideology (CII)” was started with a brief introduction the council and the
objective of establishment. The Council of Islamic Ideology is a constitutional body that advises the
legislature whether or not a certain law is repugnant to Islam, namely to the Qur'an and Sunna. This
council has various factors behind its establishment which step back even before partition.

The history of this council begins formally from one of the letters of Allama Muhammad Iqbal to Quaid e
Azam Muhammad Ali Jinnah where he says, “Happily there is a solution in the enforcement of the Law of
Islam and its further development in the light of modern ideas. After a long and careful study of Islamic
Law I have come to the conclusion that if this system of Law is properly understood and applied, at last
the right to subsistence is secured to everybody. But the enforcement and development of the Shariat of
Islam is impossible in this country without a free Muslim state or states. This has been my honest
conviction for many years and I still believe this to be the only way to solve the problem of bread for
Muslims as well as to secure a peaceful India.”

This Stance taken by Allama Iqbal Is also considered to be one of some strong reasons of birth of Islamic
Republic of Pakistan. Though after emergence of Pakistan it has never been set aside that it came into
existence on the ideology of Islam, and this ideological foundation became the main cause of
establishment of this council. Formally The Council of Islamic Ideology was initially proposed in the first
Constitution of Pakistan 1956. It was then named as to be Islamic Commission which was to be
established within one year of promulgation of the Constitution. Article 198 (1) to (4) deals with Islamic
Commission. Allama Muhammad Asad who was a converted Muslim founded the council and initiated
the working of it.

After this, during Ayub Regime, the Council of Islamic Ideology was established as Advisory Council of
Islamic Ideology on August 1, 1962 under Article 199 of the Constitution of the Islamic Republic of
Pakistan 1962, which provided for the constitution of the Council (Articles 199 - 203), its functions
(Article 204), rules of procedure (Article 205), and the establishment of Islamic Research Institute
(Article 207). After death of Allama Muhammad Asad Syed Salman Nadvi proceeded its working.

Now, in the constitution of Pakistan 1973, Advisory Council of Islamic Ideology was re-designated as
Council of Islamic Ideology in Article 228 of the 1973 Constitution with provisions for its composition
(Article 228), Procedure for reference to the Council (Article 229), its functions (Article 230), and Rules of
Procedure (Article 231).

According to Article 230 of the constitution of Pakistan, the functions of the Islamic Council shall be:

a. to make recommendations to Majlis-e-Shoora (Parliament) and the Provincial Assemblies as to

the ways and means of enabling and encouraging the Muslims of Pakistan to order their lives
individually and collectively in all respects in accordance with the principles and concepts of
Islam as enunciated in the Holy Qur’an and Sunnah;
b. to advise a House, a Provincial Assembly, the President or a Governor on any question referred
to the Council as to whether a proposed law is or is not repugnant to the Injunctions of Islam;
 c. to make recommendations as to the measures for bringing existing laws into conformity with
the Injunctions of Islam and the stages by which such measures should be brought into effect;
and
d. to compile in a suitable form, for the guidance of Majlis-e-Shoora(Parliament) and the Provincial
Assemblies, such Injunctions of Islam as can be given legislative effect.

These functions are performed and managed by 20 members at present. Prime minister
approves the members of the council through ministry of Law. As article 228 of Constitution of
Pakistan says there should be the “Minimum 8 and maximum 20 members (including the
Chairman) representing various schools of thought, having knowledge of the principles and
philosophy of Islam as enunciated in the Holy Qur’an and Sunnah or having understanding of the
economic, political, legal or administrative problems of Pakistan with at least two of the
members to be sitting or retired judges of the Supreme Court/a High Court and one member to
be a woman. And with at least four members to be scholars who have been engaged in Islamic
research/instruction for at least 15 years.” The article makes the structure of the council as:

a) 1/3 will represent the Scholars of different sects and origins.

b) 02 members are the judges
c) 01 Woman
d) Experts of Islamic laws, and
e) Experts of Economics etc.

The council of Islamic Ideology holds 02 to 04 compulsory meetings annually to send recommendations,
and till today it has conducted 190 meetings since 1962. The Council of Islamic Ideology has worked
successfully in revision of some laws, recommendation of several legislation and has submitted near to
100 reports on its working. The following laws can be considered the valued achievements of the
council:

a) The Offences against Property (Enforcement of Hudood) Ordinance, 1979.

b) The Offence of Zina( Enforcement of Hudood) Ordinance, 1979.
c) The Offence at Qazf (Enforcement at Hadd) Ordinance, 1979.
d) The Prohibition (Enforcement) of Hadd) Order, 1979.
e) The Qanun-e-Shahadat Order, 1984.
f) The Zakat and Ushr, Ordinance, 1980.
g) The Criminal Law (Amendment) Act, 1997(Qanun-e-Qisas and Diyat).
h) The Ehtram-e- Ramzan Ordinance, 1984.
i) The Enforcement of Shariat Act, 1991(adopted with certain modifications).
j) Transplantation of Human organs.(Under consideration of the Parliament).
k) Marriage with the Qur'an (Prohibition)(Under consideration of the Parliament).
The council of Islamic Ideology has also recommended the establishment of following departments:
a) Ministry at Religious Affairs and Minorities Affairs.
b) Law Commission.
c) Judicial service/Shariah Academy.
d) Shariah Benches and Federal Shriat Court.
e) Promotion of Arabic Language.

At the end of the lecture, during question answer session:

 1. Mr. Imran Azeem(PR) asked that whether Khatam e Nabuat Law was referred to CII? The
Worthy speaker answered that it was not referred to CII.
2. Mr. Muhammad Tariq asked about role of CII in Islamic Banking, and the honorable speaker
explained the role of Maulana Taqqi Usmani and Maulana Sami Ullah in this regard and also
given the examples of Bank Islami, Meezan Bank, and an Islamic desk in National Bank of
Pakistan.
3. Mr. Tariq Latif (MoI) asked about the role of CII while president Musharraf rejected the opinion
of CII. In answer of this question worthy speaker explained.
4. Mr. Hussain Hole (PAS) asked whether the officer should disclose his sect in his career profile
form to be submitted to administrative department. Speaker told that it was made mandatory
when the Qaadiani were declared as non-Muslims.
5. Miss Munazza Abrar (PA$AS) asked about the role of CII in eliminating religious extremisim and
forced conversion to Islam.
6. Miss Munazza also asked the role of CII in legislation. The speaker explained that Armed
struggle is prerogative of the state. Suicide attacks are against Islamic Principles. According to
Islam minorities should be looked after by the state. CII opines that forced conversion is against
Islamic teachings. It’s a social issue and is restricted in some areas of Sindh and Rahim Yar Khan.
The most of such filed cases were analyzed by the CII and found not being those of forced
conversion to Islam.
7. The last question was asked by Miss Amna Munir ( PAS), she asked about the modes which
should be used to improve the working of CII. The respectable speaker told that the hindrances
made by government and specially from beaurocratic tactics, if removed, can help CII to
improve.
After the detailed discussion about working and achievements of the council following
recommendations for betterment were also presented which include:
a) More work should be done by the government on consensus of the members on any agenda
and its recommendations.
b) The work going by research wing on Istafsaar should be fastened.
c) Government should cooperate with the Council in achieving the goals.
d) Hurdles which are stopping CII to work properly should be removed.