Appendix-I
1958 CONSTITUTION

When the question of constitution-making came to the forefront, the Ulema, inside and outside the "Constitutional Assembly"_ and outside demanded that the Islamic "Shariah"_ shall form the only source for all legislature in Pakistan. In February 1948, Maulana Maududi, while addressing the Law College, Lahore, demanded that the Constitutional Assembly should unequivocally declare:

1. That the sovereignty of the state of Pakistan vests in God Almighty and that the government of Pakistan shall be only an agent to execute the Sovereign's Will.

2. That the Islamic "Shariah"_ shall form the inviolable basic code for all legislation in Pakistan.

3. That all existing or future legislation which may contravene, whether in letter or in spirit, the Islamic Shariah shall be null and void and be considered ultra vires of the constitution; and

4. That the powers of the government of Pakistan shall be derived from, circumscribed by and exercised within the limits of the Islamic Shariah alone.

On January 13, 1948, "Jamiat-al-Ulema-i-Islam"_, led by Maulana Shabbir Ahmad Usmani, passed a resolution in Karachi demanding that the government appoint a leading Alim to the office of Shaikh al Islam, with appropriate ministerial and executive powers over the qadis throughout the country. The Jamiat submitted a complete table of a ministry of religious affairs with names suggested for each post. It was proposed that this ministry be immune to ordinary changes of government. It is well known that Quaid-i-Azam Mohammad Ali Jinnah was the head of state at this time and that no action was taken on Ulema's demand. On February 9, 1948, Maulana Shabbir Ahmad Usmani, addressing the Ulema-i-Islam conference in Dacca, demanded that the Constituent Assembly should set up a committee consisting of eminent ulema and thinkers... to prepare a draft ... and present it to the Assembly.

It was in this background that Prime Minister Liaquat Ali Khan on March 7, 1 949, moved the Objectives Resolution in the Constituent Assembly, according to which the future constitution of Pakistan was to be based on " the principles of democracy, freedom, equality, tolerance and social justice as enunciated by Islam."

Islamic provisions in the 1956 constitution were contained in the Directives Principles of State Policy, which were not enforceable in the courts. The directive principles reaffirmed the statement in the preamble that "steps shall be taken to enable the Muslims of Pakistan individually and collectively to order their lives in accordance with the Holy Quran and Sunnah. Further the state was to endeavor (a) to provide facilities to the Muslims to enable them to understand the meaning of life according to the Holy Quran and the Sunnah; (b) to promote unity and observance of Islamic moral standards; (c) to secure the proper organization of Zakat and Awkaf. Article 24 provided that the state should endeavor to strengthen the bonds of unity among
Mus lim countries. The same article enjoined Pakistan to foster friendly relations among all nations.

There was no provision to make Islam the state religion in Pakistan. Article 21 provided that no person should be compelled to pay any special tax, the proceeds of which were to be spent on the propagation of any religion other than his own. The Head of State was to be a Muslim not younger than 40 years of age. The constitution of 1956 represented a decision to transfer to the people and not the Ulema or other religiously privileged class, the responsibility, if not for making the authoritative interpretation of Islam, at least for choosing which interpretation shall become authoritative.

Insofar as Islam was given any practical legal significance in the 1956 Constitution, it was in two ways. First, through Article 197 the president was obliged to set up an organization for Islamic research and instruction in advanced studies to assist in the reconstruction of Muslim society on a truly Islamic basi s; and under article 198 the President expected to appoint a Commission of Experts to make recommendations ' as to the measures for bringing existing laws in conformity with the injunctions of Islam. ' The Commission was to submit its report to the President within five years of its appointment. This report was to be placed before the National Assembly, and the Assembly after considering the report was to enact laws in respect thereof.

The constitution had something to offer to both sides; it gave grounds to the orthodox traditionalist that his cause might be advanced, while there was nothing in the Islamic clauses to cause a liberal democrat to feel that Pakistan was incapable of becoming the kind of a state he wishes to see. The constitution did little to settle the fundamental issue of the desirable role of Islam in a modern state. Nor did its adoption serve to bridge what one writer had called the ' wide gulf between the Ulema of the orthodox schools and the intelligentsia."

The 1956 co nstitution was accepted without widespread opposition from religious groups concerning its Islamic provisions. Jamat-e-Islami described it as an "Islamic constitution." A statement issued by the Majles-e-Shura of the Jamat on 18th March 1956 said: "The preamble of the constitution, its Directive Principles and Article 198 of the constitution have finally and unequivocally settled the 8-year old struggle between the Islamic and anti-Islamic trends in favor of the former. And the fact that the future system of life in this country has to be shaped on the basis of Islam and that the Quran and the Sunnah shall ever reign supreme here has been so firmly embodied in the constitution of the country that no worldly power shall, Insha Allah, be able to obliterate it."

ISLAM AND POLICIES IN PAKISTAN
ZULFIQAR ALI BHUTTO (1971-1977)
GENERAL ZIAUL HAQ (1977-1988)