I don't have a link for this, but this is what my friend in peshawar mailed me:
PROPOSED DRAFT FOR ENFORCEMENT OF SHARI"AH ACT
WHEREAS sovereignty over the entire Universe belongs to Almighty Allah and the
authority to be exercised by the people of Pakistan including those of N.W.F.P
through their representatives within the limits prescribed by Him is a sacred
trust;
AND WHEREAS the Objectives Resolution has been incorporated in the Constitution
of the Islamic Republic of Pakistan as a substantive part thereof;
AND WHEREAS Islam has been declared to be the State religion of Pakistan, and
it is obligatory for all Muslims to. follow the Injunctions of the Holy Quran
and SUNNAH to regulate and order their lives in complete submission to the
Divine Laws;
AND WHEREAS it is one of the fundamental obligations of the Islamic State to
protect the honour, life, liberty and the fundamental rights of the citizens as
guaranteed under the Constitution and to ensure peace and provide inexpensive
and speedy justice to people through an independent Islamic system of justice
without any discrimination;
AND WHEREAS Islam enjoins establishment of social order based on the Islamic
values of bidding what is right and forbidding what is wrong (Amr bil Ma'roof
wa nahi anil Munkar);
AND WHEREAS in order to achieve the aforesaid objectives and goals, it is
necessary to give to these measures constitutional and legal backing;
It is hereby enacted as follows:
Short title, extent and commencement.-
- This Act may be called the N.W.F.P. Shari'ah Act, 2003.
- It extends to the whole of N.W.F.P.
- It shall come into force at once.
- Nothing contained in this Act shall affect the personal laws, religious
freedom, traditions, customs and way of life of the non-Muslims.
(2) Definition of Shari'ah.--ln this Act "Shari'ah" means the Injunctions of
Islam as laid down in the Holy Quran and Sunnah.
(3) Supremacy of Shari'ah. The Shari'ah, that is to say, the Injunctions of
Islam as laid down in the holy Quran and Sunnah, shall be the supreme law of
the whole of N.W.F.P
(4) Law to be interpreted in the light of Shari'ah: All the courts in N.W.F.P.
shall interpret the laws according to Shari'ah.
EXPLAINATION: While interpreting the statute-law, if more than one
interpretation is possible, the one consistent with the Islamic principles and
jurisprudence shall be adopted by the courts.
(5) Observance of Shari'ah by the Government and the citizens: All Muslim
citizens of NWFP shall observe Shari'ah and act accordingly. Likewise, the
rules shall be incorporated to ensure that the Provincial Government and its
servants follow the Shri'ah. While legislating, particular attention shall be
paid to the fact that no law is enacted against the Shari'ah and Constitution
of Pakistan.
(6) Teaching of and Training in Shari'ah: The Provincial Government shall
make effective arrangements:
a. to include the course on the Islamic jurisprudence in the syllabi of the
law colleges;
b. for the teaching of Arabic language
(7) Islamization of education:
1. The Provincial Government shall take necessary steps to ensure that the
educational system is based on Islamic values of learning and character
building;
2. the Provincial Government shall, within one month from the commencements
of this act, appoint a Commission consisting of educationists, jurists,
experts, ulemas and elected representatives as it may deem fit and appoint one
of them to be its chairman.
3. The function of the Commission shall be to examine the educational system
of Pakistan to achieve the objectives referred to in sub-section (1) and make
recommendation in this behalf.
4. A report containing the recommendations of the Commission shall be
submitted to the Provincial Assembly for necessary legislation.
5. all executive authorities, institutions and local authorities shall act in
aid of the Commission.
6. The Ministry of Education of NWFP shall be responsible for the
administrative matters relating to the Commission.
(8) Islamization of Economy:
1. In order to ensure that the economic system of the province is constructed
on Islamic economic principles, the Provincial Government shall, within one
month of the commencement of this Act, appoint an Economic Reform Commission
consisting of economists, bankers, jurists and ulemas, one of whom shall be its
Chairman.
- The functions of the Economic Reform shall be:
a) To recommend measures and steps, including suitable alternatives, by which
the economic system enunciated by Islam could be established.
b) To recommend ways, means and strategy for such changes in the economic
system of the province so as to achieve the social and economic well being of
the people as envisaged by the Constitution of Pakistan.
c) To undertake the examination of any fiscal law or any law relating to the
levy and collection of taxes and fees or banking or insurance law or practice
and procedure to determine whether or not these are repugnant to the Shari'ah
and to make recommendations to bring such laws, practices and procedure in
conformity with the Shari'ah.
d) To recommend suggestions for the elimination of Riba and alternative
economic proposals.
e) The Economic Reform Commission shall, from time to time, submit its report
to the Provincial Government, which shall be placed before the Provincial
Assembly. All executive authorities, institutions and local authorities shall
act in aid of the Commission. The Ministry of Finance shall be responsible for
the administrative matters relating to the Commission.
(9) Mass media to promote Islamic values: The Provincial Government shall take
steps to promote Islamic values through such mass media which is not against
the teaching of Islam.
(10) Protection of life, property and personal freedom: In order to protect
the life, honour, property, personal freedom and rights of the citizens, the
Provincial Government shall take necessary legislative and administrative
measures, wherein the public display of the arms shall be banned.
(11) Elimination of Bribery: The Provincial Government shall take legislative
and administrative measures to eliminate bribery, corruption and malpractices
and provide for exemplary punishments for such offences.
(12) Eradication of Social Evils: The Provincial Government shall take
effective measures for enactment of laws for the eradication of social evils
and promoting Islamic virtues on the principles of amr bil Ma'roof wa nahi anil
Munkar as laid down in the Holy Quran.
(13) Eradication of obscenity and vulgarity: Effective legal and
administrative measures shall be taken by the Provincial Government to
eradicate obscenity and vulgarity.
(14) Reforming judiciary in Provincially Administered Tribal Area
1. The Provincial Government, within one month of the commencement of this
act, shall appoint a Court Reform Commission consisting of ulemas and jurists
and legal experts, one of whom shall be its Chairman. The function of the
Commission shall be:
a) Examination of existing laws prevailing in the provincial areas of NWFP
b) Examining the defects in the existing laws and offer alternative
proposals.
c) Compilation of Islamic Code of Civil procedure, Islamic code of Criminal
procedure and Islamic law of Evidence.
2. A report containing recommendations from the Court Reform Commission shall
be submitted to the NWFP Governor for the implementation within the
Provincially administered Tribal Area.
- All executive authorities and institutions shall act in aid of the
Commission and the Ministry of Law shall be responsible for the administrative
matters relating to the Commission.
(15) Rules: The Provincial Government may make rules for carrying out the
purposes of this Act.
OBJECTIVES AND REASONS
This is the obligation of the Provincial Government to establish Shari'ah
within the limits of its jurisdiction. For this purpose, while staying within
the sphere of the Constitution of Islamic Republic of Pakistan 1973, this
proposed draft for enforcement of Shari'ah is submitted for legislation.
(Signed: Minister for Industries, Commerce, Labour)