. Y‘!

-71
~\‘" _ »
--_ 3 I

\- -k V
‘A _,~_ I
. ""'~.‘:‘§,v’ 0i‘~- ‘ /_
‘L up ‘
_. < ' \ ‘ &-_14‘\ -
I \ 1
D P ' I ‘ V ‘ “'4'iv;-., ~' ‘fl-a“2,\,, 1: v
\ \
_,g:r'- -\ '
» \
' r 7", ,1 \
.
‘,1 K V_ ' -
,
* \ , .,_, _.-=-1-
_ \l \
1 I
a » V‘ ’ . . - _ ' 1 , .n

K»
- _- —
. 4
1
>_
" _7 ‘.1. _ ;-1'
,a 1. . _
>-
I’ _v. 1-‘ _‘,1_
2 , \

? M
~ w

5 , ‘JP’;
I’ \ |

\ 'Y

x
1

§ DRAFT i
'1» 7 ,

A 1 Lmmc [co sm T10

v‘ ~' ' ,.

\
OF PAKI T ~
F,

<

E
E.

I
I

4,
qq I v I

1 ' '

|.. 1 z':<\~ -1‘ \

~. - \'
\

,' 1 "1. _ ‘\
.. r ‘ \\ m ~ ‘ ‘ ‘ ME, - ‘
.I‘
'_-v , . ‘ .

\4 \ > I’ _
~.*r- _!
’> . \ _ _
I . _ ‘ , ‘ fin
, _ » ~ ' ' " . ~ V: / ‘)1, -
1‘! ' ‘ 1-1

" if ;_‘i»-P
/

| .‘l1-"i L 1|’
Q

'_mV» Ll .' '-

\ ~

- - '._ -I
I‘

“‘~ - ‘F ' ( * K ~ "'<~." ‘

aunfi-;.u..'J-‘ - ' ' "“ ¥—"1~§‘§%l'-it-4iIi—:
3 ;@r';*a¢fl'~'7" ‘
 M

r
-u

0;»-.—:'Jtu,~*3’\s¢'»:*"»
(OT,3J|) l,-9| J)‘ J Jr)" '.2*'=i"J 5*‘ 'J'=1°'

Domination of Man over Man under Various

Pretexts of Rationality can only be ended through
I
Obedience to Divine Revelation. (Mlmlkkif)

DRAFT
Islamic Constitution for Pakistan

Li
MUFAKKIR

l
‘ Presented in 1952, by
MAULANA MUHAMMAD ABDUSSATTAR KHAN NTAZI
Y

M.A., EX-M.P.A.
1
Fonner Dean of Islamic Studies, Islamia College, Lahore
I‘
Convenor, Khilafat-i-Pakistan Movement.

O
i
t

1
I Publishedhy
DR. ABDUL HAMID MALIK
President
MAJLIS-I-TAAMIR-I-MILLAT
t 42, Main Gulberg, Lahore (Pakistan)
r
Price Rs. 2.50
I
1
I

m____,_
 \?I'3-“nu-—-—> ~ » . .~t~¢—

i
1

t
CONTENTS
Subjects Pages
Serial No.
V
» Foreword
ix
Preface
1
(1) Introduction '
1
I. Definition '
1
ll. l-listoricnl Development ''
I
lll. Basie Values of :1 Constitution --
2
IV. The Problem of Constitutions -
2
v. Analysis '
3
Vl. Necessity '
4
VII. Pgculiariflcs of an Islamic Constitution -
5
(I) Nationhood ~
5
(ii) Statehood ’
6
(iii) Sovereignty ‘
6
(iv) Legislation '
6
(v) Franchise ''
Authority - 6
(vi)
(vii) Property - 7

(viii) Knowledge and Reality - 7

(fr) Judiciary . 8

tr) Class 8

(2) Draft Constitution of the Pakistan Caliphate .. 9

(I) Preamble .. 9

(ii) Basic Principles .. 9

PRINTED BY Mllll IHJTIAMMAD SADIQ AT TH!

(ill) Fundamental Rights .. 12
llrun PRINTING "mi 1-10.. FULL noun, tmon! (iv) Territorial Divisions and Administrative Units -- 13
(v) Citizenship .. 14

(vi) Franchise (Establishment of Mosque-cum-Madrassa

Agency to Measure Knowledge and Virtue) . 14
 > _ii—\--~
' p;_-- -~

IV
|_

l (vii) Creation and Application of State Authority in the Legisv

lative, Administrative, Financial, Educational and Military FOREWORD
Spheres __ 15
(viii) Judiciary . I7 So far not a single political party in Pakistan has defined in clear P°l1"°3|
terms as to what form of GQv¢fnm¢n[ is suitable for Pakistan oi which Islam
. I8
(if) Civil and Criminal Law unquestionably is the foundation stone. The resulting confusion is typified
. I3
(x) Permanent Services by such incongruous terminology as “Islamic Democracy“ lo bc dommaifd
in turn by “Islamic Socialism" etc. "Parliamentary Democracy" rcmilni
(3) A Note on East and West Pakistan's Solidarity . I8
with a vast majority of the standard-bearers ot‘ the “Matriculate ‘W1-idflm
(4) Commentary on the first Five Articles of the Draft Islamic as the cherished goal of the political Strueelc by the P°l“i¢°l P‘"'"°‘- Th‘
-Constitution I9 Almighty Allah, however. in His Revealed Word, has used the nomenclature
(5) "What are the Essential and Fundamental Values of Islam
of Khilafat epitomising the principle of aswcv in sovereignty and "“$"==§l“P
- -and How can They be Put into Practice in the Present Time in wealth, as the form of Government which Muslims as standard-bearers of
and Circumstances ? 21 the divine order, are expected to establish on earth, to stop domination of man
(i) Introduction 21 over man and economic exploitation of the weak. The Pr0Pl1='- °f mam
(peace be on him), as the last direct recipient of Allah's final message for the
*(ii) _Equality, Brotherhood and Life Hereafter . 22 guidance of human beings is Allah‘s Caliph (Viceroy) on earth. After him the
(iii) I-Iow can Islamic Values by Practised Today . 22 ideal of Government for his followers was and continues to be Khilafat-un-all
(iv) Six Positive Basic Principles _ 13 1 Minhaj-i-Nabuwwat (caliphate on the pattern of prophethood). This C0l1¢¢Pl
(v) Three Negative Basie Principles __ 23 of Government runs right from the Khilafat Rashida to the Omayyads. the
Abbasids, the Fatimids and the Osrnanlis. The Sultanates of Spain, India.
(vi) Attitude of Islam towards Com rnuuism and Capitalism ,, 24
Indonesia and Malaya and the Muslim rule in other pans of the world abided
by this concept, namely agency in sovereignty and trusteeship in wealth.
It is an irony of fate that the Muslims of the sub-continent, who made
unparalleled sacrifices and braved untold hardships, for the survival of the
=1 caliphate in the twenties of the present century, soon after the establishment of
Pakistan, have cynically ignored the spirit of the Khilafat Movement and have
actually carried out unholy compromises with alien political concepts and
theories. This is a complete negation of the struggle of the successive generi-
tions of the Indian Muslims to establish the authority and sovereignty of Islam
“’l'1i°h in Pfllilicill parlance takes the form of Khilafat. They have fallen an
easy prey to the nefarious designs of their enemies by adopting an apologetic
Ztt-itude towards Islam. Islam in the present context has been reduced to
@1118 all adjective and an agent rather than being the principal and |_h_-3
sovereign.
d_ We _ the
_ members of the Tahrik-'-Khil
l it l‘€lt—i-Pakistan, under the guidance
i a tan
an m5p“'a_u°n °f Auama “I581, made the establishment of Khilafai-'-P kis
35 lhc ¢l1¢H$l1c¢l goal of our endeavours. In I936 the Founder-President of the
party, Maulvi Mohammad Ibrahim Alt (:11; shti, for the first time, published a
 vii
vi

1‘1'1Y*l“~\\=1int:E1ting the geograpliical boundariesof the proposed Kliilafat-i-Paitistnn _ , , . - ' d’ convention in

mriiiife station , of dictatorial and fflSCIRl tendencies . by hol mgl . a Lea u-rs,in- -
linking both the wings of Pakistan with a corridor. The map was publislietl
Lnliore which was attended by 3 WEB . ""mb"",-°r Old-_ Mus Thar lm t1l'b¢rat‘ons
g L
by him as the Secretary-General of the inter-Collegiate Muslim Biotlierltootl. ctuding H‘ $_ $|_|]tt-tiwardy and Pir Sahib Muithi Sharif > Le ese ei [wgich
When the Muslim students of tlte Punjab started organising li\Cl1\Sci\’cS politically
resu l te tl in the emergence of the-, All- Pakistan
- . An-amt
- Muslim
G» ~ral RBI“? 0
Secretary and
on The platform‘ of the Punjab Muslim Students Federation, the pt-qjcet was
Mnulann Abdus Sattar Khan Niazi was elected 11> til-= W“
given I1 further fillip through the activities of the newly formed PMSF. For Mr. H, S, Suhrawardy the President-
, - e - rt omplet‘
the first time it was from the platfom of this organisation that tlte details of the Iii l9Sl on .the .occasion of the publication of the BPC rcpo 3 ‘C '-
Caliphate scheme were presented to the Constitution sub-Committee set up by - - - bl d circulated-
draft of the Constitution of Khilafni-i-Pakistan
. was made P" ‘C an .
‘near oration in .
the Working Committee of the All-India Muslim League. The scheme was
personally presented by the convener of the Kliilafat-i-Pakistan. Maulana in l953 a counlF)"“"d°
. . "‘°"'°m¢m
, was
- launched' for dl 1 Pial positive
Abdus Sattar Khan Niuzi to the Quaid-i-Azam at his New Delhi residence in the PI'0P°5°d °°"5““’“°“ schcmc by the mung p;in'¥flST1_gun(2§n.[1:'i':l1i1iily of the
i939. In March, l9-$0 on the occasion of the passing of the Lahore Resolu- principles includin" (1') 5llPl'¢m3°Y °r the Rule 0 U 1 _
Authority of Ristttnt and (3) Delegation under the Doctrine off
tion by ilie All~lndia Muslim League, the PMSF held the first Kliilafat-i-Pakistan
Conference indicating clearly the form of Government in the proposed state of Besides tltis,threo negative principles including (1) P_1'°h'b_‘u°° ° _ ‘F n of
Pakistan.
(Le. exploitation of power) (3) PF°hibm°n °f Qar°°mm' ("e‘ explmmuo
wealth) were also agitated "P0"-
ln i94l , with the appointment ofthe Pakistan Rural Propaganda Committee Thc conveuflry Mautana Abdus g;tu;tt- Khan hiiazi, thereupon, wag
by the PMSF, the message of the Khilafat-i-Pakistan was taken deep into arrested, by Martial Law and sentenced to death, whllsl ills °°u°3g“‘$d “uh
the hearts of the rural masses. As Secretary of the Committee, Maulana Abd us co-workers suffered long terms of detention. Later, ‘ho_WcW-‘_fi 91¢ *7“
Sattar Khan Niazi undertook a whirlwind tour of the province to acquaint the sentence passed against the Maulana was commuted to life impri$0l11‘fl¢l1l-
masses with the importance of resurrecting Khilafat as~an instrument of Govern-
K On emergence from Jail, in 1955 following 3" °'d""' by U1‘: Hi?‘ Coun
ment in the emerging state of Pakistan. In 1944, the Maulana moved :1 resolu-
tion at a session of the Council of All-India Muslim League held at New Delhi consequent upon :1 Writ Petition, the Maulana undertooic an extciistvc tour
of the country to acquaint the people_~with the state of affairs in PHl<1$l-‘-I'l- H‘!
l-lfglflg “Don the Muslim Leaguers to practise Shariat Law in their individual ‘was once again arrested and detained under Bengal Regtlliltivlh
life its well as prepare themselves for its collective enforcement. ln 1945
In 1958 on the occasion of the holding of the so-called International
Kliilafat-i-Pakistan movement published a monumental book entitled "Pakistan
](.ia I-lai, Aur Kaisay Baney Ga." This book not only explained the funda- Islamic Colloquium, the converter with the active suPP0Tl Of 311$ fficndi Md
mentals behind the concept of Caliphate but also made at clarion call to the the Ulama, niadc strenuous efi'orts to secure the exclusion of devi:.tLionis"t_s and
Indian Muslims to wage an unceasing revolutionary struggle to defeat the dnniers of the doctrine of Kltatnt-i-Nabuwivat, from addressing the inter-
British-Brahmin designs. national gathering. He also made it impossible for the so-called orieritalists
to attack the accepted fundamentals of [slam under the garb of the freedom of
In l948 afterthc establishment of Pakistan, a full-fledged movement expression. 1
for the establishment of Khilafat was launched throughout the country. The After the advent the first country-wide Martial Law in l958, Maulana
movement brought out a weekly “K.hilafat-i-Pakistan" to propagate its cause.
Ni.izi managed to address 22 ptiblic meetings in Lahore to boost up the sagging
Through the columns of new weekly and pflmphleteering ruthless exposures
morale of the people. Ile was tried on charge of sedition but due to the grace
of the Anglo-Moliarnrnadan Ruling clique and “Capitalist Communists“,
ofAll:1li no harm came to him.
Aflgiicised Babus and neo-Bania Brahmin classes were made to their great
consternation. ln 1962 the Maulana presented from the paiform of the National
Democratic Front the scheme for the establishment of Khilafat in Pakistan as
M I In h950 Wh€l'\.l|1t'0tlgi1 beliind-the-curtain manipulations the then prime the surest guarantee against the disintegrating forces working in the country.
mister LMQUQI Ali Khan also donned the Tl‘lfln[|c 0|‘ the pt-L-bitjcntship of the Biit he was again hauled up by the custodians oflaw and order on charges of
Pakistan Muslim League, the Khilafat-i-Pakistan Movement challenged this sedition etc. In the same year when the University students came out of their

—?

viii
Cl."L' ~ academic
sses to defend their - rights,
- the MJU|.Il\1, who had supported the
Eituiltvnt C\“tI'i'iI'fluI‘lil_V,‘\\'BS arrested and tried on charges ranging from loot and
Will‘ I0 lllflcfldiarisiii. But Providence again caine to his rescue and |\C\\'.lS
LitiCilllI'gCd by the cour of law.
In I9-18 the M-"iulaiin made a forceful speech in r\i)bnlI(lb'.lt.l in which he
CXP\»'_>t\.i iiie iiialpraciices of the Ayiib Administration. The speech wlticli
taxis :1 ]‘I't3Clll'\t\|' of the country-wide mass movement agaiiist the dictatorial
regime of Ayiib leading to his eventual dowiifzill. The Maulaiia was again
iIl'i'c>li:d Lllldcr orders of the Disiriei Magistrate, Hazara. But the Pcsliawur
“'25 Cvllfl flvflcrtting the Writ Petitioii held the order of his detention as illegal
and void and ordered the release of the Maulaiia.
Pakistan at present is the only country in the world whose natioiinlityis
determined neither by territorial contiguity nor by linguistic and racial nflinitics
ofiis citizens. It is solely and exclusively determined by the principles of'l':iuhid
and Risalat commonly known as ideology of Pakistan. Therefore it is perfectly
lviflical to conclude that neither secular parliamentary democracy nor socialism
of any brand can form the basis of a constitutional scheme for Pakistan. In
fact there is no proper substitute for Khilafat-un-ala Miiihaj-i-Nabuwwat
Itrlllipahte on the pattern ofpropheihood). The vast masses of Islam in Pakistan
iii spite of deep frustrations sullcred by them in the past will not be satisfied
short ofthe establishment ofKhilafai in the God-given State of Pakistan. Such
l€‘1'ITI$ as “Islamic bias", “Islamic colour", "Islamic values", "Islamic conccP15”-
“Islamic principles", “Islamic socialism" and ‘-Islamic democracy" etc. are
EH1-“lllcmil to the masses and contradiction in terms. Islam is sovereign,
infallible, inevitable and final. Let us recognise this fundamental truth and
shape our national policies in its light.
I-IAKIM MOHAMMAD ANWAR BABRI
97 Circular Road,
Lahore: 14th July, I971.
' @-
PREFACE
‘ Pakistan's need for an Islamic Constitution is not only ideologit‘-15 ‘\
also Physical. Whereas other Muslim count-flcs 111“ Flam Tmkfy alidcal
various Arab States can afford, at least tcmP0l’=fl1Y- 1° 1-5°13? the“: p°' _ ’
- the irnmediatc
eco nomic and social problems from Islam, Wllhm" °"da“5°“'-13 _
security of their physical existence; the trouble with Pakistan is that to thtr -4
- ~ - ' a n is I
extent 'it ignores
‘ Islam t its very existence
_ is put in _]BOP3l’dy.
_ Thfi
ed t1'6nimrigs
5°
that Islamis the only stabilising force in the far and wide scattcr ¢
of Pakistan and the only basis of our nationhood, which is Sustained‘ ncithfif
by geography, nor language, nor race. Pakistan ' was carve d fOf nothin S else,
but in the name of Islam. The experience of the past seven years of Palcistzrz
existence conclusively proves that so far as the appeal of Islam is not rcspon i‘
'0 pi-Qvincialism, personal intrigue, and subversive social tendencies gflill
in strength.
If Pakistan succeeds in involving an Islamic Constitution, her example
may very well prove a guide for the whole of Middle East.
Therefore, the requirement of a Draft Islamic Constitution is not only
theoretical but also practical.
On the other hand, a considerable section of our educated classes and
high ofiicers sincerely believe that the slogan for Islamic Constitution is no
more than a hypocritical make-believe of some ‘mad mullas' to capture despotic
power and exercise it in the form of Medieval tyranny. Spectres of civil wars
and the Inquisition hover before sacred imaginations.
Another complication is that the present-day intemational opinion has
not a very favourable impression of the historical role of Islam. The Western
Democracies have memories of the Bloody Crusades of Salahuddin, the
fanatical Pan-Islamic Movement, and the primitive Muslim revolts against
Western influence in the last century. The Communist countries visualise
Islam as they meet it in Bukhara, Turkistan and Sinkiang—a reactionary,
anti-revolutionary tool in the hands of vested interests. India can hardlythink
of Islam without recollection of the destruction and loot wrongly associated
with Mahmud of Ghazna’s raids. Partition in the name of Islam is itself a
standing grievance.
A third factor to be reckoned with is the sectarian enmities and rivalries
within Islam. Some of the weaker groups naturally do not hesitate even in
playing into the hands of powerful foreign foes.
 ‘i1--l—-no-1-..___.'-

aloud :1: I'::;-::\;li!I10'cs the only hope for Pakistan is to think dt-».‘P and
_ ‘ of an lslamtc Constitution. lt is only by giving t;\'prcs~
5"“? l° U"! 5351': Urge, that necessary adjustments and coinpraniises among the
v‘m°“5 5¢h°"|5 °r lllollglit can be arrived at.
THEORY OF REALITY
Rwrmly there has been some talk of Controlled D:mo=CrJC)' 5" I'~‘k‘=l*l"~
But even a Controlled Democracy requires first a regular system of D:moCrJ\I)'- IRTRODUCTION
than a controlling agency, and last but not the least some ideol~1S)' i'\>'P"'il19
What Is implied by the constitution of a state?
the control.
No infallibilily can be claimed for any hum an effort; even when it DEFINITION
pertains to seeking Divine Guidance. “The constitution ofa state consists of the codified general rults governing
The one aim in presenting this humble sketcl1 would be realised if those the creation, maintenance and working ofthe political, legislarive,administrative
more qualified than the Present ttrttcr are prevailed UFO" i0 Jllcnd 1° ll“ 5'-|bJ=¢l nnd judicial institutions through which an independent ltuman community
and avoid this mistake. Perhaps it may also stimulate tho>c who do not i inhabiting specific territories preserves and promotes its social existence by
2
agree to formulate their objection more Pf¢'-‘l=¢l)"- conscious cfi'ort."

ls! December I95-l, MUFAKKIR HISTORICAL DEVELOPMENT

Within the span of recorded history it were the Greek City-States who
for the first time made the State subject to recognised rules of custom and tradi-
tion, though the Egyptians, the Medes, the Chinese and the Hindus of ancient
times must have done the same.
It was the Romans who for the first time used the word “constitution”
in the sense of a body of laws. The idea of a written systematic collection
0|‘ general principles to which the political, legislative, executive and judicial
l>
institutions must conform, is hardly three centuries old. This concept originated
l in England, who docs not possess ct written constitution even today.
No doubt, definite principles did determine fundamental social institu-
tions in antiquity as well. It is their intellectual consciousness. legal expression,
logical arrangement and publication in print which evolved with Englantfs
industrial progress, consequent reduction of human thought to artificial con-
4t
ceptual associations, the gradual spread ofuniversal education and theinvention
of the printing press.
America's written constitution with :1 list of Human Rights started the
netv era of written constitutions. Franc-: followed with rt number of written
constitutions after the Revolution. Bismarck forged Germany's federal
constitution The formality spread, and has come to stay. So much so that
today at state without at printed constitution shall be considered uncivilized.

BASIC VALUES OF A CONSTITUTION

Originally social institutions were founded on the basis of custom or
creed. To avoid contradictions and ambiguities, II was gradually found
 :91’
av

8'

i J
I

"*P°<ll¢fll 10 establish a niechanieal conceptual Rule of Liiw. But the Rule of

it implies the authority to adjudicate all contentions whether .1 panicular course
Law li5°ll'l\i1$ so lat" meant no more than ll codification of the curreul l°f¢ll'dl°¢$
Of the society. Only since about {I century :1 tendcttcy ling devclopetl to seek a
tlecpcr basis for the Rule of Low. The attempt, ltmvevei", is so far at rt very
i of action violates or is in conformity with these general rules-Judicial?
Fifthly, it implies authority to collect money for enforcing these general mics-
Taxanion or Revenue. Sixthly, it implies the authority to enforce its mandates
rudimentary stage.
with physical fore-.-—Police and Military. Sei-enthly, it imPli¢§ ll1¢ ""lh°"‘Y
Though it has produced it wealth of material inventions. yet the West to stimulate moral approval or disapproval for enforcing these general rlllfii
E“\'°P°1“\ Empirical Civilization has miserably failed to discover any l‘¢‘l'"""\¢"l or the particular decisions adopted to enforce the same-Public Opinion-
super-rational values for Whose sake the transitory biological existence may
become worth while. The reason is simple. The only source of knowledge Ability to take ultimate decisioru in exercise of authority in all those
§%-A‘ ; .-.
and judgement for this Machine Civilization is intellect (conceptual association seven spheres without subservicncc I0 51"‘! ¢“°"‘“l l"fl‘-‘¢“°¢- °‘c“p‘ the prov‘-
thought). It is incapable of :1 synthetic approach to life. Its functional sions of the constitution. makes a state sovereign-
ideals never progress beyond craving “power” in the context of “Individual Thc problem of citizenship together with the problem of ft'1!-l\Cl’Ll>¢ ilfld
Enterprise." “Class Dictatorship", or “National Imperialism". Even Justice, »
.4 4. ‘: the problem of sovereignty constitute the fundarnental tl'll‘l¢ I-ll\'l>l°" Dr J
Tolcration and Brotherhood are sought within the limitations of intcr-“nation- constitution.
F
alism". After all, intellect can only work on given values. It cannot discover
THE NECESSITY OF A CONSTITUTION
Or appreciate them. The result is that even today the whole structure of the
Western Rule of Law is erected on foundations of prejudice, superstition, If a constitution is merely a conceptual reflection of a political reality
¢0I1jccture or doubtful hypotheses. which it is powerless by itself to create, or even maintain, the question arises
It has no access to the light of Revelation. It is not fountled on a why should Pakistan as a community of ‘fait.h‘. 'hope‘ and ‘ell’-m‘ require a
shariat. l constitution of the Western pattern at all? Let the pagan vicums of hurt-no
l
thought bother about forging constitutions. Surely, an Islamic state can do
THE PROBLEM OF CONSTITUTIONS without u printed constitution, as Islamic states have done for the last I3
centuries. The Scriptures are constitution enough for an Islamic state.
The mztin concern of constitution-making continues to be the ctcrnal I This attitude would have been acceptable if Pakistan had .1 sufiicient
problem ofthe creation, exercise and control of“autltority“-—physical, economic
number of citizens who could run the state on principles of faith and intuition
andhnioral. The dilemma is that human society cannot function and progress 1! without the help of conceptual lfl5tltul.i0IJs. The unfortunate fact llli to be
W" °_“l authority. but once authority 1S created it is liable to be misused and i admitted that most of Pakistan‘; population capable of Conscious effort is
turn irresponsible.
unable to live or work on faith alone. They have to be initiated int-J Islam
I
ti through the il1l6llt:CI. Secondly, such an attitude is not possible on accoum
ANALYSIS OF A CONSTITUTION
13 of the fact that today Pakistan is the only Islamic stat: in the world, and is by
I Now-a-days a constitution usually begins witha list of fiindanientul no means the strongest. Avoidable international tlifiicultics would be eng-
r;1ghts.' Then some ‘basic principles are enunciated. Mostly the rights iintl .@,4_a.u>-
gcrated if Pakistan goes without a constitution. Thirdly, though Islam
7- 9. Pl'1"C1Ples are niixed up. Then a more or less lengthy procession of i|,¢ ordains a synthetic approach to Reality, it is not averse to conceptual knowledge
main clauses is laid out. so long as it is kept subservient to Revelation.
the Po“: A "Ina ' 1 YSIS
' of constitutional
' ' - reveals
authority . tliat, first of all, it. .ll'I1]'JllE§
. Therefore, in the present circuntstances Pakistan can only start on its
_ _ 'l' O P"°'_“'-"Efltc general rules of conduct—legislauon.- -
Secondly, it. march towards making itself an Islamic State if it consolidates its own itelli-
’"*l"l'¢$ ll"! 3“lll01'lly to organise a machinery of ollicinl agencies to enforce gcntsia and wins the sympathies of powerful world-forces by translating its
thcs*f 8i-Tlcfll
= i rules_. administration.
- - - -
Thirdly, it. inipltesthe
. . _ to take
authority ideals into a constitution which is within their understanding, even when they
particular decisions for enforcing these general rules—-Executive Fourthly 1.t:..-,. _. do not agrcc with it.

I

4 5
PE.CULlARlTlES OF PAKlSTAN‘S CONSTITUTION
lt has already been noted that state constitutions are 0"lY 1‘ 'f°°"l "1'
novation in irian‘s long history. They concern themselves t11cF¢l)‘ '“'"l‘ °°“'
scious political :ictivity—ani.l even here solely with those tL~P¢¢l$ “"l"°l‘ C3" b‘:
measured and controlled by conceptual association. Evidently, tl1¢ lLl"di"“°‘““l
natural forces which determine the extent, duration and tempo Or 41 Sm“? arc
too deep and gigantic for the grasp, much less inanil‘"l“ll°"' ")1-the Concept“?
knowledge alone of any particular age. Thus tlie constitution ofiu state is
directly based upon its imponderable ttllues, flowing from the historical, meta-
physical, ethical, cpistemolgical, scientific and cultural Pl'°P°“'°5 °r “S p°°l?l°'
Pakistan may truly be described as a miracle Pmducl of lhc Tw°‘Nal'°D
Theory in the twentieth century. This theory Pl'0F‘°"'1d‘*d CQHCSPQ °r Slaw"
ship which is neither ethnological, nor linguistic, nor territorial (wttltcss the
Two Pakistans), nor economic, nor utilitarian (liafllllon _l35sc5)' but _runda'
mentally ethical and spiritual. Islam Pl'°5¢'"5 lllc only true ideal of‘a Universal
State of Humanity, not limited by any consideration of nationality, class or
“cultural authori ". . V
Most of thieyworld today is fundarn.-:t1tally dominated by AnBl°'A"\°Tl¢<'lI1
values. Even Russia, under West Eur0P¢3" influences’ has succumbed lo _a
myth of “Demoeraey", "Evolution", “Pr°§T°55"~ “S°l°"°CH' “EF°n°ml°
Forces", and the “Eternal Logic of History". This is not thc first time that
humanity has been subjected to such nonsensical illusions. Thc ¢l0m1I1F-'ll0n
of the Roman Empire resulted in similar worship of Greek syllogism, Latin
Law, and the quest after “Glory". The fact is that Pl1ll°5°Phlci Sclemlfic °l'
cultural “theories” never stand by themselves. It is when =1 PB°Pl¢ b¢ll¢V¢5
in them that they are looked upon as realities. Thcy am ll" bY°'Pf°d“¢l5 °r 51
human society. They can never create or explain it. Ever)’ individual 01'
nation judges or evaluates them from the angle of its own spiritual standards.
The life of such beliefs and the area of their domination depends upon the
prevailing circumstances as well as their inherent energy.
Looked at from this point of view, there arc no “universal values", as
is the vogue nowadays to advenise certain West European values like “Liberty”,
“Tolerau'on", "Rationality", “Equality”, and “General Interest”. These are
merely the values of the North Atlantic Civilization that has secured world
dvminfitiofl during the last two hundred years or so, by the use of Fire-arms,
the Sleiim Engine, the Internal Combustion Engine and the Electric Power. No
‘"1_l'{¢- ll1¢0r>' Or °Pini0n has a context in isolation. It is integrated into the
spiritual make-up of rt p,;Op|¢_
Thus
. th e cs"t a b lishment
' '
of Pakistan -
was a revolutionary . . from
d155c|15|Q|1
the twentieth °~" > t "Ty ruts of the spiritual
- - - - . -
traditions enveloping the Anglo~
rm‘
i‘
Americans as Well as Russia. It was the dawn of a different era, lhc b¢Elfln3"B
of a new World Civilization, the opening of :i fresh age which shall ltflvc 4i5¢_l'_¢m
theories of astronomy, history, geography. Pl1Y5l°$- mi"l‘°m““°$- _P°l'ucS'
logic, psychology and all other sciences. Pakistan shall not necessarily com-
l mitted to any "truths" taught by the Anglo-Americans or the Soviet. She may
i
accept their teachings where they conform to her own, but she will H01
a prion‘ that there are any “Eternal truths" embodied in heathen, pagan. lI\Tld¢li
profane civifmttions, as such.
To the extent that a constitution is a thought abstraction of the lift-
impulses, it is also a mirror of spiritual peculiarities and fluctuations. Even
i the countries which belong to the Anglo-American Bloc or vice verso lmvc
not had a constant constitutional conception for half a century. Far less docs
the constitution of one country resemble beyond appearance to the constitution
of another country, although both may be dubbed as democracies or dictator-
ships. If ever there are any permanent features in the polil-icfll ¢0115I1l"ll°“
of a state, they may safely be taken as the lasting traits of its DcoPl¢-
i
Let then here :1 few current subjects of cortstitutiortal thought be picked
up, and under gagh heading the peculiarities of f’akis_tnn‘s constitution observed.
The one character common to all these P¢°l-ll\=1""¢5 '5 ‘hf’ P"°‘5“pP°Sm°n Dr ‘ht
l
direct intervention of Divine Agency into human affairs through ll“ Al\&=l$»
the Prophet and the Saints. Nature is not to be “controlled” bY maul“
science based on conceptual thought, but rather to be "realized" through
obedience to Revelation.
1. Nationhood. Pakistan's nationality is a flat denial of all the material
bonds today universally accepted in the pagan world race, territorial contiguity.
language, economic unity, or historical integrity. The only basis of Pakistan's
nationality is faith in Islam, belief in Allah, resolve to obey the last Prophet's
Shariat, and a voluntary contract to associate with the State of Pakistan.
I Whoever fulfils these conditions is a national of Pakistan even though
he is not a resident—he can exercise his vote and has a claim to the Stilt-2'3
l protection. Whoever does not fulfil these conditions is not a national, even
i though he may be a citizen.
Thus Mussnlmans in Iraq, China, Algeria or Russia may become nationals
of Pakistan if they so declare. Geographitnl distance or numerical strength
can be no hinderanee—witness the distance between East and West Pakistan.
2. Statehood. Pakistan's theory of State is not based on territory, rather
it relates to the human factor. Whatever comes under the control of a national,
falls under the jurisdiction of the State, wherever the location may be. The

6
S 1
mic may’ ih"rcf°r':' emmd b°S’0fld the frontiers of its niain bulk. It is extra-
territor'a ' , . . . Only he has the authority to rule over Jnvlhfl 01' Olilflfii Wiw is "10"? Pi‘_3"5 “Id
I I’ p°l'°“u3llY the whole universe is under its sway.
The Iii-lmic State's relations with other states do not flow from any
Pseudo-moral theories of ‘equality of nations‘. Nations or the slates established
by “mm 3"“ “°l equal. nor they should be. lt all deP=l1d>‘ "P0" “"10 lhfly firs!
and h°“' ll"? b¢hf1\'c. Their relations with Pakistan are determined by mutual
agreement, or failing that by Islamic Law as far as it can h: enforced.
3. Sovereignty. The prevailing conception of sovereignty implies the
'“°"“l Tight and the physical capacity of an authority to enforce its mandates.
{Siam does not recognise any human agency sovereign in this sense.
No human authority has any moral right to enforce its mandate unless
3 majority of the nationals enjoying fmnchise agree that such a mandate is a
necessary corollary of the teachings in Quran and Hadith and the mandate is
also held valid in this serue by a competent court.
4. Legislation. According to Islam no man can lay down the law for
any other man. Allah alone has the right to determine the aims of human
existence. The last Prophet is the sole authority to prescribe laws for the
faithful. The State itself as a human agency is subject to this Divine Law.
The State machinery is authorised merely to discover, apply and follow these
laws, the courts adjudicating whether a particular inference is correct and whether
it is ordained by Quran and I-Iadith at all.
Both the State as well as the courts as interpreters of Shariat are subject
to the precedents of the admitted Ulania and Autia-Allah of the past. One of
the functions of the Legislative Assembly of Pakistan will be to prepare the lists
of the Ularna and Aulia who may be accepted as Salf-e-Saliheen, and also to
codify their interpretations authoritatively.
5. Franchise. The measure ofjudgement in an Islamic State is its quality
find not the quantity in the first instance. It is not the opinion of the many
that prevails but the opinion of the pious (Muttaqi) and the wise (Aalam).
Pious are those whose conduct conforms to that of the last Prophet. Wise
are those who know the sciences of religion as well as the sciences of the world
and have experience of dealing successfully with the afl'airs in question.
Thus the right of franchise does not depend merely on age but also on
$11!. Education, experience, character and past record of private as well as public
conduct.
6. Authority. Authority in Islam does not arise out of physical or
e°°“°mi° 5“P°1'i°PilYi Or even out of the consensus of majority lls sources
are‘ moral and spiritual measured in the same terms as described above with
1'fgdrd I0 franchise. In fact the qualifications for franchise mean the qualifica-
__,->.._-_,,__g¢@-ir __._.;-.
7
l
l
r
lions to determine the sources and mode of the Creation and ¢X¢r¢i$¢ 01' =*"lh°\'i*Y-
wise. Authority is divine and so it l5 only to bc obeyed when it ti) >m¢¢I¢ Y
avers to be divine, (ii) has formally been mnonued P)’ ilm-'13 (M-"1J°l'"Y °i lhc
virtuous an d t h e wise
' ) . ;1 fgflulilf
, Fatwa (Consent and Alhrmation)
_ V from 8
Mufti (Court of 1_:i\v), and a Faisla (Enactmcnt) from a Qazi (Court of Fact)
An authorised authority is condemned in the parable of the Phflrilvh
ti
i
while usurpcd authority is censured in the tradiuon of Yazid.
7, P|'0pcl'l)'. In Islam there is no right of irrational, limitless, absolute
I property not even in one‘s own person (none can sell himself for illicit purposes).
The absolute owner is only Allah. All movable or immovable property V¢$i-5
in principle on His behalf in the laws of Shariat proclaimed by His Viceroy-—
the Last Prophet. The community is collectively a trustee on behalf Of 111‘?
Last Prophet.
So, no use of property is permissible which is against the Shariat Of UR
Last Prophet. Thus what goes in Islam as the proprietary right is practically
no more than the right of exchange, exhaustion, usurc, or consurnPli°l1 °r
produce in a lifetime or as a heritage.
This right to use is graded in quantity, duration and form, according
to elaborate laws. The restrictions are mostly against the different forms Of
multiptimtion by exploitation of humanity e.g. usury, interest, gambling-
speculation. feudalism, capitalism, indusu-ialism, communism, etc.
i Absolute property is censured in the parable of Croesus.
S. Knowledge and Reality. Awareness (Knowledge) and Existence
i (Reality) are difierentiated in Islam as Part and Whole, respectively. The
l
reality in this Universe and Beyond exists in grades ef eternity and significance.
Allah alone being the Eternal, the Almighty and the Omnipotent.
Awareness, therefore, is limited in scope as well as duration. The
link between the two worlds of Awareness (fleeting appearance), and Existence
(abiding reality) is provided by Wahi (Revelation). Revelation is confined to
the Prophet. Therefore, the ordinary mortal's sole connection with Existence
is through lman (Faith).
Though man cannot always perceive, and sometimes even conceive, all
forms and periods of Existence, nevertheless man can, definitely or vaguely,
“°¢°\'di"3 as hi5 5Pil'ill1fll capacity permits, always feel it and believe in it.
There is only one criterion for the veracity of human beliefs, that is the
washings of the I-an Prophet. What are the teachings of the Last Prophet
can be learned from the Ulama and the Aulja Al_1;lh_ who are rim Ulama
nnd Aulia? They who conform more strictly to the teachings of the Last
 it
P|’°I‘l1¢l3l1d have Ieamt the same. Who conform to the Last Prophetls
teachings and have learnt the same? Who are the Ulaina, one has tojudgc bi’
01155 OWN standards of awareness; and who are the Auliu, one has to dctltdv
ll)’ the criteria of one's otm feeling.
ifour own knowledge and feeling mislead us, we can only corrcfl l|l¢"1
by Tnrtlt-em (Education), Tnrbitit (Discipline), and Rmzat (Concentration.
"Pcriment, exercise and research combined with prayer)-
‘
9. Judiciary. The qualifications ofnjudgc ‘ Islam Ineludc the measure
in
°l hi5 Private character and spiritual beliefs, b est‘ti es the nontiiil qualifications
in religious as well as worldly education and experience.
The Western Civilization has lately learnt to difierenuate between the
Administrative and Judicial functions of the State machinery. But it ht!-9 I101
yet learnt to divide the fact-finding and law-prescribing functiflm Of ll'l¢
Judiciary itself, though the difference between the judge and ll" jun’ is *1
primitive advance in this direction.
Islam prescribes Complete division of functions not only bctwccfl lbs
administrative and judicial functions of the State but also between the two
capacities of the judiciary as the fact-tinder and the law interpreter.
The court which frames the issues (civil) or the charge (criminal), records
UM "idcncc and decides the facts is the Qztzi. The court which in the particular
contest of the facts declares the law is the Mufti.
10. Class. The Islamic ' conccpuon
' of " class "'is basically diflerent from
‘I19 09¢ Ilrcvalent in :1 Western Godless st at c. Whereas in a modern state the
'
Onllt common denominator used for interrelating ' "
yalues 0fiife is money
(“'"""§§ll1¢ ¢l11m11gcs"for rape orlibel), in Islam suclia common denominator
' " , measured in' terms ofoonformity to
is P""'ld°d bl’ ll" CURCCPUOH 0f"Piety
the ideals and practice of the Last Prophet.
Tllmlvft‘, the standard for determining “upper” and "lower" classes
uslvtrtue and sin rather than wealth and poverty. The “V'ir tu o us" constitute
e upper classes and “Sinners” belong to the lower classes.
Id
C315 °r '-has JUSUCL. and conflicting interests of the classes do not
fi Cl ' - '. , t . .
n any place In an mam"* 51"“: 5'mPl.Y because Islamic Society roots out the
very existence of such classes. The desirable ideals cormoted by these Western
phrases are cnforc d ' . ~ . . . k.
the conccfttion ofE“S{n"an lj[m\]/lc Slaw lhmugh the mjmuuom wor mg on
l" -TH “ irtue."
DRAFT CONSTITUTION or TI-[E PAKISTAN CALIPHATE
“EMANCIPATION OF HUMANI TY I-"ROM DOMINATION OF
MAN OVER MAN UNDER PRETEXT OF RATIONALITY’ .
Pnkistnn, a pnriunonnt Stlte based on eternal edicts of divine revolution.
Draft Constitution by Maulana Abdussarar Khan Niazi. M-A-,
ex-M.P..4. dared 3-I-I953.
The problem of the future constitution of Pakistan is of basic national
importance. On the one hand it is a conseienious duty of every Pakistani
to play his part in removing the shortcomings of the B.P.C‘s report, on the
other hand this task cannot be fulfilled in :1 constructive spirit without oifering
concrete aitematives. Therefore, before recording my dissent, in principle as
well as in detail, from the B.P.C. report, I herewith present in all humility my
' principles
alternative draft for the basic ‘ ' ' t h e pi: rmnnent constitution
on which
of Pakistan should be worked out |‘n my opinion . This draft was conceived
some three years back when I was acting as the Convener of the Muslim League
Khilafat-i-Pakistan Group.
PREAMBLE
/irrieie I. “Whereas the struggle for the establishmentof the paramount
State of Khilafat-i-Pakistan was primarily inspired by the ideal of acquiring a
Homeland for Mussulmans in the Indian sub-continent, where life should be
organised in keeping with the fundamentals of Faith, Knowledge, Virtuous
Conduct, Equality and Universal Brotherhood as taught by Eternal Divine Revela-
tion; ttnd which should inauguratea gradual world-revolution to Liberate Humanity
from prejudice, sin, petty racial or national limitations, and the Misery resulting
from the domination of Man Over Man under various pretexts of Rationality;
“Whereas all authority vesting in this Constituent Assembly has been
“quired in the name of Allah and His Last Apostle Muhammad (may peace
and glory of Allah be upon him):
“Th¢l'\?l'°T¢, W8, the Mussulmans, as Divine Agents in this land, do
hefflby give ourselves and accede to the following constitution :—
BASIC PRINCIPLES
Ariirle II. “The interpretation and implementation of all the pm.
vistons of this constitution shall be subject to the following six pogitjve and
three negative basic constitutional principles of the Shariat of Islam;

lo
The Six Positive Basic Principles :
l. Supromttcv of tltc Rule of Tauhitl:-“i\llitlt is the sul‘F°"l\' Cr°~1l“"-
oi
Owner, Ruler and Judge, Quran is l'li.\ Final Word, therefore. tlte tenets
the Boole shall be the First Source and Autltority in all legislative, l"\l'°1*‘l-
executive and edministr<ttive decisions of the State.
2. F‘inn rtI y o ritie 1\lllllDfll')‘ of Rcslllli-—"Tl\E Let An-tstlv i- ll" I-11¢“
sole direct recipient of Divine Authority in all asports of Life. Tlteretore. ilI\
precepts. practice and traditions, alter tisine the quality and dfSI~‘¢ °l lhc"
~ d S1urc~ in
authenticity, according to Hadtth and Sunnalt, shall be the Sewn t t.
deciding all policies and actions of every \"l'|;i"1 ind ~'*S'~‘"\‘) “Y ll" Sim-
3 Delegation under Doctrine of Lhilafnt:-“Man LS merely :1 Trustee
N b
for all forms of Wealth (Amccn] and Deputy in all kinds of Autliorityl It L
both individually as well as collectively. bcillllsl‘ all O\\‘l1¢T5hiP and /\"lh°"llY
ultimately emnnates, in fact and in right, from Divinity.
“The term combining boLh these concepts of Tnistecship (/K111111181) and
Depulyship (Niabat) is Khtlafat (Agency).
"This notion of Khilnfat sums. up the essence of p olitical, constitutional
and juridical thought of Islam.
“That is why lustorically the proper name for the pcrtnanent traits of
the lslamic system of Government and State is also Khilafat.
“Divinity bestowed Kltilafat, as at general fact, on Humanity simulta-
uncously with Genesis.
“Kltilafat as a particular and definite constitutional or legil right in each
community has been derived by etery individual as well as by society as Ll wliole
through the Apostle of tlte time.
“The latest sole direct recipient of such Ditine Delegation is the Last
Apostle, whose jurisdiction will now last till eternity and cover the whole
Cublllus.
"After him tltt: Kliilafut passed on through him to the consensus of his
Compartions, because no Apostle was now ever to follow :
“The Majority, as a whole, of every subsequent generation of pious and
learned Mussulniuns has ever since, tltrough their predecessors, acted as lltc
f@¢il'>i¢l1l0l\l1l$ precious and sacred heritage till this day. '1 he choice of peculiar
institutions and individual persons by eaclt generation was no more than n
method adopted according to their circumstances, for the exercise of this ever-
1=*=v'ne Privilege and fflsponsibilily of tctiinnt in conducting the Stale,
“This doctrine narrated above, is tecltnically called “the Doctrine of
C°“l°"11i1)' With the precedents of the Companions of the Last Apostle, the
ll
Sttl_'l3'i nnd the rigliteous Jurists of. the l"35l"1
_ _ -I
(lttib.ta-e-Snliaba wtt-Aulia-wa-Salaf e Salt teen)
(,;,_-Jl¢ i.il- J #U.t| J -!1~' CW)
“Therefore, now whenever there is any dilfcrencc of opinion regarding
tlie connotation or d enototion
' of u particular inference from the First and
' ‘ lgx as
Second prtnctp '.' . enunciated above - the durable essence of the precedents,
>
commentaries and interpretations of the Companions, Sages, - Experts and ajurists
'-r
' the past
of islnm in - . as exponents of a consensus that t':Vt.l'1 now fonns
_ priu
link in the chain through wltich the state. today legally acquires ~ its. share 1of
divine delegation, after they have been sifted and graded according to tic
fundamental rules of Fiqalt, shall be followed as the Third Source and Authority
in arriving at exact conclusions and verdicts.
4, Decision by the Principle of ljmaa:-—"All contemporary differences
as to any particular inference or a final conclusion under the three former
principles shall directly or indirectly be settled by a mi1j0l’ll.y decision of those
mm national; who qualify l'or:thc oflice of Sahibur-Rai (Voter) by conformity
in their conduct to the habits of the Last Apostle and Acquisition of the requisite
lcnotvledge of essential SCl8fl¢¢5-
5. Law of Decree by Fatwa:-"All contentions as to the proper im-
plementation of ljmaa in definite instances shall finally be decided in questions
of fact by competent courts of Qazics, and in q11¢5ll°n5 °l law bl’ °°II1PEl¢l1l
courts of Mufties, acting 11$ 1111 ifldfipfildem .l"dl¢l51|'Y-
6. Social Compact by Contract of Beiat:—“A1l social, politififili legal
and administrative powers as well as responsibility shill! bi? dfilffmlfleld and
enforced under an implied mutual, several and collective, °°“ll'fl¢! (B6130 Ol
fidelity to the six positive and . three negative
. basic principles
. . of_ the . constitution
1
as enunciated herein, entered into at the time of registration as nationals of t te
State.
The Three Negative Basic Principles :
l. Prohibition of Fironeyut (Shirk: Despotism):—“Ofiicial powers,
pretence of ollicial power, or private power shall not be used to restrict the
}'3t3l‘tiOl'llll authority in any aspect oflife ofany individual or group of individuals
except in pttrsunncc of and in accordance with the provisions of the Constitu-
tion, or the laws of the State, or a legal contract freely entered into by the parties,
I1 competent court of justice being the final judge of the propriety of the exact
nature, umount and methods of force used in each case.
"All nationals of the State shall bejustifiecl and duty-bound, individually
“S “’°1l “S °°1l¢¢1l\'¢l}', in opposing prudently any human agency that may
I-I
T :17 T W_ If

I3
l2
indulge in despotic use of authority: provided the misuse is later established
(rt) The Right of Health and Medical Aid
in a court of law.
(I) The Rjeht of necessary Edu¢-‘lll0"-
“Quranic provision against “Shir k” and the allegory of the Pharaoh I The Right to use Public Property » lR1"l‘~‘~‘-Y-
' P U‘st and Tcle-rraph.
(3) ~
explains the implications of despotic authoritY~" Pollen, Roads. Riwrs. etc.)-
2. Prohibition of Qnrooucyili tlvlvv Ev¢rl<1itfltiflI1)=-“Public Wealth.
influence of public wcaltlt or private wcatl h shall not be used to increase or
(It) The Riflht to Participate in ~‘l-"i~>"“‘ l"~*“i“‘i°"‘ ‘v°“" Army
Services, ~=l¢-)-
decrease the value or utility oft lte wealth of any individual, nor to restrict the
(1) The Right to Conviction :—— _ _
opportunity in any aspect of an individual for earning wealth, except in pursuance
(1') ofa National to believe anything wlttch ts not against Islam.
of and in accordance with the provisions ofthc Constitution,'or the laws of the
State, or a legal contract freely entered into by the parties, a competent court (ii) of a Resident to believe 11"Y1hl"‘_l “inch '5 “M “'31'“S' Lh‘:
integrity of the State.
ofjustice being the finaljudge of the propriety of the nature, extent and methods
or the financial transactions involved in each case. o> The nan to ntpmsion- tor ' mt one rightfully
-
b@"~""~‘*'~
n ri-thtfully dol-
“All nationals of the State shall bcjustified and duty-bound, individually (l<) The Right to Organization (of what Oflt. c-1 =
as well as collectively in opposing prudently any human agency that may (I) The Right to Property, including Within limlu Ur Sh‘m‘“ 5“
indulge in economic exploitation, provided the exploitation is later established (1) The Right to Acquire (E~1"1il1l3- Gm» H~‘Yl‘“7='°~ E“°lm“g¢'
in a court of law. Security).
(ii) The Right to Hold.
“Quranic provision against “Zulm" and the allegory of Croesus explains
(iii) The Right to Exclude.
the implications of economic exploitation. (iv) The Right to Use.
3. Prohibition of Yazeedeyat (Talbis: Sanctim0uy):—"Pretencc of the (v) The Right to Consume.
terminology oflslam shall not be used to realise or promote un-Islamtctrpmtons, (vi) The Right to Transfer.
interests and projects of persons, classes or groups, a competent court of (vii) The Right to Pass on as Heritage.
justice being the final judge of the sincerity and propriety of the issues implied (m) The Right to Act (behave in any legal manner).
in each case.
(rt) The Right to Defend (may abstain, restrain, injure, or dt.3LI'0 y
“All nationals of the State shall bejustified and duty-bound, individually
prudently to prevent any treatment derogatory to or conupringl;
as well as collectively, in opposing prudently any human agency that may (i) Virtue.
indulge in sanctimonious exploitation of Islam, provided the hypocrisy is later (ii) Life.
established in a court of law.
(iii) Reputation
Quranic condemnation of “Munaf¢qa1", and the allegory of Yazeed (iv) National Integrity (may abstain. restrain, tnj ure or destroy
explains the implication of using Islam as a cover for un-Islamic Pu,-posesy as a judicious national should do).
(v) Property.
FUNDAMENTAL RIGHTS

Ar/icle III. Every inhabitant of Pakistan shall have the following TERRITORIAL DIVISIONS AND ADMINISTRATIVE LNITS
fundamental rights according and subject to the limitations of Shariat, and
judiciable by the relevant court :- Article IV. The basis of .-Xdministrarivc Division in P-1.lt.ist:tn shall be
(a) The Right of Life. the number of adult inhabitants and the territorial area suifictcnt for their
(5) The Right of a suitable Residence. residential as well as occupational requirements.
(C) The Right of proper Food. The females, children and other wards shall go with their male guardians
(II) The Right of adequate Clothing, in this calculation.
 "1 i- -—~-¢_-1’

l>
‘ll
_ _ _
._ s . h~ .ll'"‘I'lT‘llCd
. _ J ht ,,,_h.wol~. .l't;lll - . i
Up to a maximum of ten adult males shall constitute one Family. About Clirure (10. The sta.fl' oi the mosques in l
. . .. - . ~ 1 n T‘
mum‘ Onhm chm: _r'
, ‘
a hundred fainilies shall constitute a Tchsil. A hundred tehsils shall eonsutute .-.ri the b..~is 0| C?l'T\PCll[l\'E C\Zl[Tlll'l..lUOl'l> irielu iii_ st. ‘ I _ 4.
11 District. About a hundred districts shall constitute :1 Province. A Suilflblc Their conditions of senice shall eit~ure their irid::"’~='“l=“°~' ““ M‘: JRJO‘) i
number of contiguous provinces shall constitute a Counlr)" A“ ll" rcdcmlcd l
judiciary's immunity Ill Pl'¢~‘¢*'"- V _
_ _ _ 4 , - mcq U in the reqiiioie
countries shall constitute the K.liilatat-e-Pakistan. C/01150 tilfi. Esery adult malt riati iml \Vl‘l'i ct» J lp I q Hind
.. I . . ~ ~. {l.. \\l'lll*o.li' ii!
ln combining units, their linguistic, geographical and economic con- standard oi Pl.I1)_1CCCII'\jII'lg .o l.h\. l'C\. ml .1tth_ \l \_]it V1} H h S . r “I l
. _ ,. —,;,-., 't"Lla~.‘ --1'~
cdumlignhlly accordiiig to the |'¢L_ll’\.l Jl Ill- M \tlr:i i ii .. t_ t
tiguity shall be the decisive factor.
S.iliibur-Rat t_\'otcr'l.
Keeping in view the geographical factors, each administrative unit shall
be allotted land sutlicient to meet the residential and occupational requirements CREATION AND i\PPLlC‘\TlON OF STATE AUTHORITY
of its inhabitants. Article t'l1~ C!.1Ji_rt‘ til All csisun-I twluicll. l¢-_:i--l-\1W-*- =111'"'"i*""~"i“°-
A commission shall be set up to delineate the divisions. secretarial judicial. legal, lTlUl\lCi[\.l.l, educalionlll. and will-"r C-H'l1"'Y\l¢ ""-1"*1'
Lions: whetli-er federal. provincial or local; shall b~= El"!-L¢~"1 ll)‘ ‘ill '1""*‘*l".i
CITIZENSHIP five Main (.l\iw.inat-e-l~'.h:1i:nsa) and two i\u\tili'.1ry tZimm Aitvaiteiii) Cl.i.tmb:r.t.
¢5|_;ibli<hct.l at each tclisil, district, province and country .L~; fll,tl at the i:.~ntr_-l
Article V. All inhabitants of Pakistan shall be distributed into four lLl'iilat'at-e-P=1ki§t11n-
categories :- it 51111] bi; [tn duty of every organ of the State at every st.t-gt: to ctimply
1. National.—Any adult who believes in Allah and the Last Prophet with and enforce this Cottstitution. Any person shall have the ng!-it to apply
and solemnly agrees to abide by the constitution shall, on making ti declaration
to that cliect, be entered at a Regstration Ofiiee as a" national of Pakistan.
l to the i-,;[.;vant court in Pakistan to enforce any provision of ihii ClJl“l.llll\Jl.lt'ifl
ggflinqt any organ or agency of the State.
2. Resident.-Any adult inhabitant of Pakistan who does not declare
his faith in Allah or the Last Prophet, but solemnly agrees to conform to the THE MAIN CHAMBERS
laws of the Stale shall, on making a declaration to that effect, be entered at a l. The Administrative Chamber (Aiwan-e-Si;mat)' To preserwe and
Registration Office as a resident in Pakistan.
promote the State structure as such to conduct fur.-i:_!n ftfililllllfla ; f1ullllCl'J.l'li,
3. Ally.—Any adult inhabitant of Pakistan who is noither a national political thinkers and adrninistratt-rs shall be elected to this chiinbcr.
nor :1 resident but entered Pakistan under terms of an express agreement with 2. The Legislative Chamber (Aiwan-e-Shuriati ; To Lty kl‘/'1lll'l rule-s
the State shall, on presenting reasonable proof to that effect at flRegist_r;tti0n in all fields according to Shariat: Ularna, Mushaikh. Jtidgez, LLV!/'}‘Ef;, and
Oflice, be entered as an ally Qt‘ Pakistan
experts in drafting shall be elected to this chamber
4. ' Outlaw A.lieu.—Any adult found in Pakistan who is neither a national,
3. The Financial Chamber (Aiwai-i-e-Amanatj: To or-_:.tru;-e Agri-
M‘ 3 "°§‘d°m> n°l' 3" “Ill! shall be considered an outlaw alien. culture, Industry, Commerce, Taution, Building Roads, R;l.il'-‘d§.‘}'», l_rrig1:i.in,
w_ I Children and idiots shall belong to the category of their guardians, if
E\p0rt, Import, Currency and deal with all other financial or EC‘.-.'l'.-i‘7L;"C pro-
'1 10"‘ 3 ts"-l1"‘dlil11, they shall be entered as Pakistan's nationals. blems : Engineers, Traders, Cultivators and Financial E1p;i'l_'-t 3:'1;ll bi? ;[_-:_-—__-i_t
to this chamber.
FRANCHISE
-1. The Edutntional Chamber (Aiwan-e-Fazilati : To iniestigzatc.
Art"! V/-' , - - . formulate f'JlLl teach all the sciences 1 Teaches, Professors, SCICIIZISLK Po<t—=,
Schools Sh';l;'b C]”“_~" (ll In all tehsils of Pakistan the Mosques and the
nmjomrs come Oflballlbfil-lhlll
rv ~ ' such a manner as to record at the Mosque each Engineers, Philosophers. Writers, Researchers and Inventors shall be eicrtt-.l
”""Y 1° |"= M3101’ Duties in Sliariat (Faraiz) as well as any to this chamber.
judicial declarations against l‘ i -k b_ . _ _
tional qualifications at the Sizllibcilru flu c.Kaba")' and mglslcr his cducfl‘ 5. The Military and Health Chamber (Ai-it-an-e-.t~kari'.t) : To
promote the health and organise the national manpower : Hakirris, ]Z1r‘l"..tl13.,
 9-’

I6
I7
Doct
I Ors", S ugcons, Sportsmen. Military
-~ ..
Thinkers, Generals and Military Experts
. C A '

ahflll be elected to this chnnibei-_ Clause (1). The House at every stage shall elect ti Presid nt ( tfllfl
T hccnjflya
who will continue to hold office during a term of election =15 lt-"13 35 Ch .
THE AUXlLlARY CHAM BERS . . . t .- c V inr-
confidence of the |'l't3jCll’lly in the House. The Pft5ld¢fll‘:l1;1;lll-lcllalifijsgiilcat ma
l. The Ladies‘ Chamber (Aiwzut-e~Nisacyat): Where all Musliiii man (Wazir) for each of the Chambers. The Chairman >b-1' 0 ch bang in
female adults of the area shall send their representatives.
P leasure of the President and ‘shall joinlly
. » Work as . hm ubmfl’
. ca
- i iiU be
2. The Residents‘ Chamber (Aiwan-e-Refaqat) : Where all female and charge of the portfolio connected with his Chlmbcl. Tlit. _Pr¢-udcnt lsltauhr‘
. - , .1 l
male adult residents of the area, it’ any, shall send their representatives. the premier oi" his own cabinet and shall not hold any porttolio in p 1-
_ _ _ _ , _ . .. - d' ¢“l 1'1‘
Clause (ti). The Auxiliary Chambers shall be free to carry out their Claure (xi). All Chambers at. tv-I’) 5‘-‘Es_ >h-‘-ll-_ ll. t3lC\.ti:t.l
-.~ ‘
~11:
I
‘Ea;
decisions with the support of their voters and set up organisations for this five .YC£\rs by the voters (.>\$hJbUl'l'Z\l) in the are-1,_ f¢1ll=l'=l'¢ -1"“°_" 5 r h_
purpose, where their actions do not violate any edict of the superior Main COl'l&llllOl'L5 of francltise prescribed above: Provided that a may-Jniy at \-
Chambers. voters in any area may at any time by :i written representation to Lil: J"'~l*°‘-"7
Clause (iii). The Auxiliary Chambers shall have authority to address dissolve any of the chambers of the whole Hams-
the relevant Main Chamber for any recommendations that the Auxiliary Clause (xii). Every Chamber and House shall hold at least One mecting_
Chambers may desire to forward. in each quarter of a year. The Prtsident. lbs? Cllalnni-1" and ‘h° m3j°_'fry °'
Clause (iv). All contact between the Auxiliary and the Main Chambers members in any chamber or in the House, respectively, mil! T¢¢l'~"$1U°" -'*
shall only be through written correspondence. meeting at any time. The agenda shall usually be issued by lb‘? Win‘ ‘)1. ‘hi
President or the Chairman, but the majority may for sufficient reason get it
Clause (v). A meeting of any Chamber (Aiwan) whether Main or
issued through the judiciary.
Auxiliary at a particular administrative unit shall be called a Session (Aiwan-e-
Khaas). A joint meeting of all the five Main Chambers (Aiwanat-e-Khamszi) Clause (.\-Ill). Every candidate for membership of any chamber Sill".
at a particular admirtistrative unit shall be called a House (Dewan-e-Aam). thrgg months before the election takes place, issue :1 manifesto describing MW.
if Succcssful, he proposes to implement the provisions ol'Shari.1t.
Clause (vi). The strength of all the Main as well as Auxiliary Chambers
at a particular administrative unit shall be uniforrn, between a maximum ot" Clause (xiv). All elections shall be declared at least sis months before
twenty and at minimum of four members, the exact figure to be determined at may _-,¢m;t|1y mire place, and shall be held under the supervision of the relevant
the first election by a special commission appointed for the purpose and sub- Judiciary.
sequently by the House concerned itself.
l
Clause (xv). Save for the Residents‘ Chambers, every Voter, while
Clause (vii). Every larger chamber (Aiwan) and House (Dewan) shall, votina, shall make a solemn declaration that his choice docs not arise out of
respectively, have authority to determine the jurisdiction of the Chambers and any piersonal or worldly consideration but solely depends upon the candidate's
House under it subject to an appeal to the Judiciary; the criterion being that merit in Shariat.
the larger unit shall limit the jurisdiction of the smaller unit only when the l
immediate or future interests of an area larger than that of the smaller unit are
JUDICIARY
clearly involved.
Clause (viii). General policies or important issues shall be decided
Article VIU. The Educational Chamber shall lay down the qualifimtions
upon in the House while detailed plans For their implementation shall be worked and the Legislative Chamber shall frame rules for conducting competitive
out in the relevant Chamber, and actual execution carried on by the Aniir, his examinations to recruit and train, separately, fact-finding and isue or charge-
cabinet and stall‘. Framing courts (Q3-ZD, as well as law-interpreting courts (Mufu) at each ad-
C/airsc (ix). All decisions whether at at Chamber or at a House shall ministrative unit in suitable numbers, with necessary powers of Civil and
be taken by a majority of the members present subject to a veto by the President
Criminal jurisdictions, and on conditions of service ensuring the complete
iflcss than half the strength of members were present.
iI1d=Pendence of their conscience in interpreting Shariat.

L.BQ-_._4—,_ ~

IE
Cl‘/ll- AND CRIMINAL LAWS ‘
/lt'!t'1,lt' IX. Tlic l_':ui\l.tllVt‘ Chamber sliull at once Pl'°l"‘“"' ‘Ml “"d
Criminal codes, laws of etidence and rules of procedure under the dlilillcb °l
Slllllial for the prescitt-day rt.-quirenicnts of society.
PERMANENT SERVICES
Article X. The Educational Chamber shall l41‘:‘ \l°“'“ ll" qualificmmns
and lltc Lcgislflliw Cliiii-iiber shill formulate rules for suitable cadres of per-
nian-:nt st-r\'ic'.s. There shill be no difference of status or Pfl\'ll¢t!¢ a5 ‘mill
between the ]'\Cl'fl111Ilt.nl servants and the \'1ri0IJ-\' l'-‘-'l\’"l° Pl°r‘*5~‘l°“5' occupalmm
and trades except in so far as required by the nature ofufficiall <lllli¢$-
A NOTE ON CONSOLIDATION OF RELATIONS
Y
BETWEEN
we Feoiziurion AND PR0Vll\CE5-
(EAST AND wtzsr PAKlSTAN‘S SOLIDARITY)
The proceeding draft outline constitution does not specially discuss
relations between the Fedcratiiiii and the Provinces. This is because the
problem is more political th.w constitutional. The formal aspect of cort-
§llll.lliu1'tal.Sl1'l.ll21.l.lt‘c1's in no nay differeiit in tins 1591151 U14" “Y "l5~"‘l"1E
- -. » - - '~
relations between :1 Province and the Districts, or lllt. DISUN-l an ta tsils.
(l l
Therefore, it has been dealt with in tie l 0 utlinc on the same plane. ll it is
not considered sufficient this shall only be betnusc of the disturbing tendencies
of certain political forces since partition. This is a serious and important
question but it will be a mistake to seek :1 solution on the constitutional level.
Political problems can only be solved on the political lcvcl lur Wlllclt
purpose the following suggestions art: ventured:
l. Immediate imposition of nation-wide conscription. Free movement
of territorial Army units across all the State. Each Regiment to mix up platoons
from dillerent provinces, on the lines ol'multi-communal military units during
the British regime. . .
2. The constitution may be enforced gradually; first in talisils and
districts only, ignori.ng tlte present provincial set-up as far as physically possible.
Alter five years the provinces n1ay be rt--established on more rational geogra-
Pllical, linguistic and economic considerations. The Federal constitution may
11¢ lmPlcrnented at the same time.
3. The Tahsil and District boundaries may immediately be rectified on
the liflr:S proposed in the outline.
I9
i i - c
4. The cadres of pcrrnancnt services may bfi Tligulans‘-'d an mm: th
arious Pl'°"'""°°5
SIIIIC and lower grade ollicials may be exchanged amoflfi ll" "
on a very large scale. . .1 ed and
5. Communications should be improved, travel cncour g
commerce established bctwccn the various geographical units oi‘ the Slaw-I
6. Urdu (incorporated with Quranic words) be _ma-dc the °lll°'“l
language with Arabic. Persian and Bengali, as Secondary Langl13S¢_5> “J
Pttslito, Sindhi and Punjabi as Regional Languages. Dialects sltoultl be
discouraged. Government may sponsor countrywide nc\v5P1P¢F5 m33“Zm:5'
radio programmes, literature, fairs and celebrations.
COMMENTARY ON THE FIRST FIVE ARTICLES OF THE
DRAFT ISLAMIC CONSTITUTION
Article I. The preamble brings out the Following points:
(1) It links the future constitution of Pakistan with the struggle in
the past for the establishment of Pakistan and thus ensures that
the ideals which inspired the pioneers of the Pakistan Movement
should never be ignored.
(2) By referring to the parztmountcy ol' Pakistan it emphasises that
the Pakistan Goverrunent shall not in any manner be subordinate
to the British Crown, the British Commonwealth, the United
Nations Organisation or any other alien agency.
(3) It expressly draws attention to Pakistan's International mission
of establishing universal Brotherhood irrespective of Race or
Geography.
(4) lt also affirnts Pakistan's duty of removing human misery in any
part of the world.
(5) It explains that all pretexts of Rationality are at bottom the
attempt of some individual, group, nation or an era to enforce
its own will upon other human beings against their consent or
interests, by one stratztgem or another.
Article II. The clauses of this article narrate thc essentials of the theory
of Khilafat. II‘ there is one word in the vocabulary 01' Islam which sums up its
political, economic and juridical thought, it is Khilafat.
The Theory of Khilafat (in its triple aspect of restrictions on and
definition of State authority, laying down the foundations of Islamic economy
and State finance, and syrnbolising the framework of Islamic jurisprudence)
presents the essence of Islamic constitutional theory which historically runs
throughout the regimes of the first Four Caliphs, the Ornayyad and Abbmid
20
l1mPirt.s, the Sultanat ' .
Egym‘ ‘he Mamie K_c5d'“ Ccflllal ASH! and India, the Fatitnid Cttlipltttlc of
Th mg ems "1 5PLttn and the Turkish Entpirc.
' d' ' ' - .
idea] juqcalsn mdual “munccs "_‘")' in certum respects have fallen short of the
wt-m ARE "rt-ts tsssrzrvrutr. two FUNDAMENTALc11ct:
VAWE5 IN
uP
hr‘ to lb 0\\n
.nD.aclua] Dcmocratic
ideal, but it can beortruthfully
Communist statethat
urged has tltrougltout
up to tins dayIslamic
cnntc. OF ISLAM, AND HOW CAN THEY BE PUT INTO PRA 9
THE PRESENT TIME AND CIRCUMSTANCES-
Nor.) [he ‘hoary or Khflarai R‘ clllloundcd hcrc has been at the root of all
Islamic States.
INTRODUCTION
-‘i”"Fi¢'_//1-_ Fundamental Rights are one of the accepted devices in . . ‘- ak ,
modern C0l‘l.\lllLlllOI'lS adopted to gi\c effect to quite :1 large number of their Before a description of the fundamental values of Islam rs. uzjllflflfl 31:;
it is necessary to make sure what exactly is meant by the terms: V “=5
P'°“5"’"5- The "S-hts enumerated herein are self-explanatory.
“Islam”.
The rest of the Articles are Sell’-explanatory.
When we talk ot"‘Values“, our description is confined to an “intellectual
(NOTE I The Draft of this Constitution was published in the Civil and itlflirory conception ofa value". This is so because the European civilisation and Culture
amt”. Lahore, on the on of January toss A.C.) under whose influence most of the world lives today, believes that Reality and
Truth are primarily intellectual and conceptual entities. But even E.ur0P¢i\fl
scholars who have made a deep study of other cultures and c|vt1lZ1ll0H5 I11
Human history (e.g. Spengler) concede that other cultures and other civiliza-
tions had different ideas about the nature of Reality and Truth.
lt is all a question of emphasising certain aspects of human experience.
Modern man is apt to exaggerate the importance and significance of his intellec-
tual experiences and their utility. At other times and in other Pl3°¢5 1113!!
exaggerated his emotional experience. The result was mysticism. In still
another context man is engrossed by his instinctive experience.
This is not the place to go into a detailed study of all the dilferent meanings
that can be given to the term "Values". But the little that I have said above,
is sufiicient to prove that the term "Values" can have more than one meaning
depending upon the level and quality of the experience of those who are partici-
pating in the discussion.
Islam is “universal and eternal Divine Guidance for all creation in all
aspects of Existence, Progress, Realization and Termination, and the achieve-
ments of human and non-human personalities through identifying themselves
with this Guidance".
It is thus evident that the totality of Islam is more massive than Life,
than Universe itself, because it includes the message and some signifitnnce of
Divinity. Therefore, Islamic Values are too big to be described merely through
language and under the limitations of the rational method of understanding.
Knowledge (‘J-r-) is only one of the methods, and at very inferior
"‘°lh°d {mm ll" Point of view of Islam for appreciating Islamic values. The
major methods are, firstly, piety (tLs)iU. It implies a controlled regime of
Behaviour, Habits, Prayer and Self-control. The second major method is

' It
22
Faith (tJlI_|). It implies submission of personal whims and flights oi
thought to conform with the Revealed Books and the practice of the Prophets.
The third major method is Realisation (05,-r-). lt implies establishiiieiit
of direct Contact with Truth and Reality under the guidance or somc initiated
teacher.
Wliat I have said above docs not imply in the least that Islam cannot be
described or understood through the rational method. I have been pointing
out that the totality of Islam cannot be described and understood only through
the rational method. The world of rational experience about which we talk
through the written or spoken word is only a Tiny Province in the mighty
Empire of Islam. But nevertheless it is there, and we can talk about it. In
fact the present discourse will be confined to this aspect of Islam. If I have
taken so long in the introductory remarks to explain the Islamic approach to
the understanding of “Viuucs" it was only to make audience and the readers
conscious of what I am leaving out in today's discourse.
EQUALITY, BROTI-IERI-IOOD AND LIFE HEREAFTER
Now that our description of Islam is going to be confined to the rational
method, it will be automatically limited to those values of Islam which are con-
cerned with humanity. In this context the first principle of Islam is that man
has been created to serve his Creator alone. Therefore, no man is to serve
another man. No man is to dominate over another man. Man is brother
unto man. The second principle is that all men are equal. If man is to serve
man, if man is to be dominated by man, it is only in obedience to Divine
Commandments. If man is to be below another man it is only because he
violates the Command of his Creator. The third principle is that the criterion
forjudging all the values ofthis earthly life is their utility for the Life Hereafter.
M3r¢rj3] pl-Ogl-Q55’ Mjljrary conqugsm, National gig;-y and PhySlCZll 1UXLlI'y EITC
all illusions unless and until they are made subservient to man's career
after Resurrection.
It is thus evident that modern nationalism and internationalism are
the very antithesis oflslam. Islam believes in the universal brotherhood ofman.
State and Nationality are only instruments for establishing this universal brother-
hood. They have nojustification for existence if they do not serve this purpose.
HOW CAN ISLAMIC VALUES BE PRACTISED TODAY
Islamic values can be practised today by the establishment of an Islamic
slam Whlch $h°"ld bfi Eflvcfllcd by the following six positive and three
Mgfltive basic principles :-
I
I
I
l
A 2
qr’
it
23
Q
SIX POSITIVE BASIC PRINCIPLES
I . . - tcqislative
I. The Quran shall be the first source and authori) "1 an - '
judicial. executive, and administrative policies of the State. n
2. The precepts, practice and traditions of the I-IBI AP°5:lJF'h nan‘:
fixing the quality an d d egrce of their authenticity a¢¢0\’dl1'l2 I0 _ H“ ‘l
v
Sunnah, shall be the second source in all the decisions and the actions of every
organ and agency of the State.
3. When ever there is any diflercnce of 01'-lI"i°" f¢E1l’dI"¥ ih‘ connomfion
or denotarion of a particular reference from the first and. the second principle
l
as enunciated above, the durable essence of the precendents, commentaries and
interpretations of the companions of the Last Apostle, anti the jurists of Islam
in the past, as exponents ofa concen sus that even now forms :1 prior link H1 U1‘?
chain through which the State today legally acquires its share of the delegation
of Divine Authority after they have been sifted and graded according to the
fundamental rules of Fiqh, shall be followed as the third source and authority
in arriving at exact conclusions and verdicts.
4. All contemporary differences as to any particular inference or a
final conclusion under the th rec former principles shall directly or indirectly
be settled by a majority decision of those nationals who qualify for the ofiice
of Sahib-ur-Rai (voter) by conformity in their conduct to the habits of the
Last Apostle and acquisition of the requisite knowledge and experience.
5. All contentions as to the proper implementation of the fourth
principle as narrated above shall in definite instances be decided in qutrsuons
of facts by competent courts of Qazies and in questions of law by compctcnl
Courts of Mufties acting as independent judiciary.
6. All social, political, legal and administrative powers as well as
responsibility shall be determined and enforced under an implied, mutual,
several and collective contract (Beiat) of fidelity to the six positive and three
negative basic principles as enunciated herein.
THREE NEGATIVE BASIC PRINCIPLES
I. Oflicial power. pretence of oflficial power, or privaae power shall
not be used to restrict the personal authority in any aspect of life of any in-
dividual or group ofindividuals except in pursuance of and in accordance with
Law.
2. Public wealth, influence of public wealth or private wealth shall
I10! be used I0 increase or decrease the value or utility of the wealth of any
individual, nor to restrict the opportunity in any aspect of an individual for
I
T‘

_ ‘F ’

24
earning wealth, except in accordance with the Pl'°"5§i°“3 °f Law’ °' a “gal
contract freely entered into by the party-
3. Pretence of the terminology cl‘ Islam shall not be '-“=5 l0 Fialiifi °\'
promote un-Islamic opinions, interests and Pl‘°l°°l5 °f P"s°'“\ °m“°5 °'
groups.
ATTITUDE QF ISLAM TOWARDS COMMUNISM

I. The main difl‘erence of Islam with both Calillallim '15 W“ as C°m'

munism is that they consider the economic necessities of man as supremo. Islam
takes notice of the fact that the material necessities oi‘ man are fififluy \‘=B"1°l¢d
by his moral convincticns.
2. Capitalism and Communism represent two extremes under one of
which no restrictions are placed on the economic activities of mam and ""46!
the other no freedom at all is allowed to the individual. Islam restricts ami-
soeial, anti-family and anti-morality economic tendencies whether of the
individual, or of the group, or the Society, or the State itself.
3. In so far as Communism aspires to social justice, equality of oppor-
tunity, and proper recompense for labour, Islam, too, endorses these ideals.
4. In so far as Capitalism permits freedom of enterprise, encourage-
ment of family relations by permitting distribution of heritage among heirs and
protects individual initiative, Islam has no objection so long as the rights of
others are not violated.
5. Islam permits economic classes if they are founded on the economic
g
talent and skill of their members after providing them equal education and
opportunity. But at the same time Islam holds the "Haves" as socially re-
sponsible for providing a minimum livelihood to the "Have-nots" provided their
t
hardship is not the result of wilful neglect.
(Paper read in the Islamic Symposium at Dacca in July, I955).
2'
I
l