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General Studies 3% exam weight

Topic 7

Part of the KPK PMS study roadmap. General Studies topic islami-007 of General Studies.

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Islam in Pakistan: History, Politics, and the Islamisation Process

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Topic 7 — Key Facts for KPK PMS Core concept: Pakistan’s creation was driven by the All India Muslim League’s demand for a separate Muslim homeland; the Islamic identity of Pakistan has been a subject of continuous political and constitutional debate since independence High-yield point: The Objectives Resolution (1949) under Liaquat Ali Khan established the Islamic character of the state without making Sharia the supreme law; Zia-ul-Haq’s Islamisation (1977–1988) was the most extensive state-driven Islamisation in Pakistani history; Pakistan’s Islamic identity is reflected in the Objectives Resolution, the prohibition of alcohol, and the Islamic penal code ⚡ Exam tip: Zia’s Islamisation programme is a frequently tested topic in the KPK PMS — it included the Hadood Ordinances (1979), the Shariat Benevolent Supremacy (1985), the Qanoon-e-Shahadat (1984, evidence law), the Zakat and Ushr system, and the Financial Institutions (Recovery of Finances) Ordinance — know these specifically

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Islam and the Pakistan Movement

The Demand for Pakistan

Muhammad Ali Jinnah and the Muslim League:

  • Muhammad Ali Jinnah (1876–1948) led the All India Muslim League
  • The Lahore Resolution (1940): Called for “separate states” for Muslims in the northwest and northeast of British India
  • The 1946 elections gave the Muslim League an overwhelming mandate

Jinnah’s Vision of Pakistan:

  • In his first presidential address to the Constituent Assembly (August 11, 1947), Jinnah declared: “You are free; you are free to go to your temples, you are free to go to your mosques or to any other place of worship in your State… You may belong to any religion or caste or creed — that has nothing to do with the business of the State”
  • This secular, liberal vision of Pakistan was contradicted by later Islamisation

The Two-Nation Theory: The ideological foundation of Pakistan was the “Two-Nation Theory”: Hindus and Muslims are distinct nations (not one nation with religious differences) who cannot live together in a single state. This theory justified the demand for a separate Muslim homeland.

The Islamic Identity Question

The Objectives Resolution (1949): Passed by the Constituent Assembly under Prime Minister Liaquat Ali Khan, the Objectives Resolution declared:

  • God is the sovereign of all sovereignty
  • Muslims shall be enabled to order their lives in the individual and collective spheres in accord with the teachings and requirements of Islam
  • The state shall safeguard the legitimate interests of minorities

Criticism:

  • Secularists argued that sovereignty belongs to the people, not God
  • Religious parties argued the resolution did not go far enough in establishing Sharia

The 1956 Constitution:

  • Declared Pakistan an “Islamic Republic”
  • Made the Quran and Sunnah the supreme law
  • Created the Advisory Council of Islamic Ideology to advise on conformity with Islam

Zulfikar Ali Bhutto and the 1973 Constitution

The 1973 Constitution:

  • Declared Islam the official religion (Article 2)
  • Required the President to be a Muslim (Article 41)
  • Required the Prime Minister to be a Muslim
  • Established the Federal Shariat Court

The Islamisation Under Bhutto:

  • Nationalisation of banks and industries (1971)
  • Official recognition of the Islamic calendar
  • The ban on open alcohol (though enforcement was inconsistent)
  • Promised to introduce Sharia law — did not fulfil the promise

The Religious Opposition:

  • Bhutto was opposed by religious parties (JUI, Jamaat-e-Islami) for not implementing Sharia fully
  • These parties supported General Zia’s coup against Bhutto in 1977

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Zia-ul-Haq’s Islamisation Programme (1977–1988)

The Background

The 1977 Coup: General Zia-ul-Haq seized power on July 5, 1977, overthrowing Zulfikar Ali Bhutto. He imposed martial law and suspended the constitution. The justification was “Islamisation” — establishing Islamic rule.

Zia’s Islamisation Programme: Zia launched a comprehensive Islamisation campaign that transformed Pakistan’s legal and social landscape:

1. The Hadood Ordinances (1979): Five ordinances criminalising hudud (fixed) penalties:

  • Zina Ordinance: Adultery and fornication — 100 lashes (unmarried) or stoning (married) — requires 4 eyewitnesses or confession
  • Qazf Ordinance: False accusation of zina — 80 lashes
  • Alcohol Ordinance: Prohibition of alcohol — 80 lashes for consumption or possession
  • Drug Ordinance: Drug trafficking — various penalties
  • Theft Ordinance: Hand amputation for theft

⚡ Controversy: These ordinances were widely criticised for being harsh and for using hudud to suppress political opposition. The Zina Ordinance particularly impacted women.

2. The Qanoon-e-Shahadat (Evidence Law, 1984): Islamicised the evidence law:

  • Two Muslim male witnesses required for hudud offences
  • A woman witness’s testimony worth half a man’s in financial matters
  • The testimony of non-Muslims against Muslims is not admissible in hudud

3. The Shariat Benevolent Supremacy (1985):

  • Established the Federal Shariat Court as a superior court
  • Gave it the power to strike down any law inconsistent with Islamic injunctions
  • Required all laws to be reviewed for conformity with Sharia

4. Zakat and Ushr:

  • Zakat: 2.5% tax on wealth above nisab (collected at source from bank accounts)
  • Ushr: 10% tax on agricultural produce (in irrigated land; 5% in rain-fed land)
  • Distributed to the poor through a Zakat fund system

5. The 8th Amendment (1985):

  • Made the President a powerful position; could dissolve assemblies and dismiss governments
  • Restored some democratic features while Zia remained President

The Impact of Islamisation

On Women:

  • The Zina Ordinance was used against women in cases of rape (requiring four witnesses)
  • Women were imprisoned for “adultery” in circumstances where they had been victims
  • The hudud laws were widely seen as discriminatory against women

On Religious Minorities:

  • The Hadood Ordinances treated non-Muslims differently under the law
  • Ahmadis were specifically targeted — they were declared non-Muslims in 1974 and their public religious practices were criminalised
  • The blasphemy laws were used against minorities

On Education:

  • Islamiyat became a compulsory subject in schools
  • Madrasa education expanded significantly during and after Zia’s period

The Islamisation Critique in Pakistan

The Progressive Critique:

  • Human rights organisations argued hudud punishments were cruel and incompatible with human rights
  • Women’s rights groups demonstrated against discriminatory laws
  • The legal system struggled to implement hudud because of the impossibly high standards of proof

The Conservative Response:

  • Religious parties argued the state had not gone far enough
  • The demand for full Sharia implementation continued

The Legal Response:

  • Courts showed reluctance in awarding hudud sentences
  • The Supreme Court and High Courts often converted hudud sentences to tazir (discretionary) punishments
  • Pakistan’s courts have consistently required the highest standards of evidence for hudud

Islamic Finance in Pakistan

The State Bank of Pakistan and Islamic Banking:

  • Pakistan began the process of Islamising its banking system in the early 1980s
  • The Meezan Bank (established 1997) was the first full Islamic bank
  • By 2024, Islamic banking assets represent ~5% of the total banking sector

The Federal Shariat Court’s Role:

  • The FSC has repeatedly ruled that interest (riba) must be eliminated from the banking system
  • These rulings have not been fully implemented due to practical and international constraints
  • The current Islamic banking system uses profit-and-loss sharing (PLS) accounts

The Islamic Finance Debate:

  • Conservative scholars argue only full Islamic finance is permitted
  • More pragmatic scholars argue the current Islamic banking products are acceptable as a transitional step
  • The international Islamic finance market is worth ~$2 trillion

The 18th Amendment and Islamic Identity

The 18th Amendment (2010):

  • Restored the parliamentary system
  • Did not change the Islamic character of the state
  • Devolved religious affairs to the provinces

The Role of the Council of Islamic Ideology (CII):

  • The CII was reconstituted as a federal body
  • It advises on Islamic conformity of laws
  • Its recommendations are not binding on the government

Current Islamic Law in Pakistan:

  • Pakistan is officially an Islamic Republic
  • The Quran and Sunnah are the supreme source of law (constitutional declaration)
  • The Federal Shariat Court reviews laws
  • Hudud laws remain on the books but are rarely implemented in their Quranic form
  • Islamic finance operates alongside conventional banking

The Debate on Islam and the State: The tension between Islamic and secular governance remains unresolved in Pakistan:

  • Religious parties argue for full Sharia implementation
  • Progressive forces argue for human rights, particularly women’s rights
  • The mainstream position is a moderate Islamic state with human rights protections

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