Implementation of Shari’ah
By Prof. Khurshid Ahmad
Some fundamental issues are at the center of debate today; almost everywhere: in private discussions and in political meetings, in the press and in the Parliament. These include deteriorating law and order situation, economic sanctions and financial crisis, poisonous effects of provincial and regional prejudices, specter of sectarianism, country’s isolation on the foreign policy front, hegemonic designs of India, American deceits and injustices, external pressure to cap and undo our nuclear capabilities, government’s apologetic attitude and consequent complications, and machinations to push us toward the trap of CTBT.
The Islamic movement in this context had invited the nation and its leadership to realize that a real and lasting solution of these problems lies in the enforcement of Shari’ah. The campaign for the enforcement of Shari’ah had just started when the government introduced 15th Constitutional Amendment Bill. On the one hand, the amendment was a response to people’s old demand for constitutional provisions to make Qur’an and Sunnah the supreme law of the land, on the other hand it was a mischievous attempt to sidetrack the established constitutional process and amend the Constitution to provide for an extraordinary accumulation of power by the government under the excuse of difficulties in introducing Shari’ah. Resultantly, such an undisputed issue as the enforcement of Shari’ah became a bone of contention. Instead of adopting Shari’ah for the solution of problems, focus of attention shifted to political and legal implications and also on ill intentions and the shameful struggle for individual power and party position. A group which lacks grassroot support is causing harm to Islam, the Islamic State, supremacy of Shari’ah and the role of Islam (deen) in collective life simply because it presently enjoys power, favourable media and external backing.
This situation demands to concentrate on the real issue and not to get lost with side issues. It demands rising above all factional, party and personal differences, interests and prejudices, and to realize the importance of the need of enforcing Shari’ah besides highlighting the mode and modalities for the realization of this goal. This is necessary because Shari’ah is just another name of Islam and a pattern of thought and action given by Islam and, as the Prophet (peace be upon him) has said, whose qualities are that it leads us single-mindedly to our destination (hanifia); soothes us by removing difficulties (sahla); is easy and inclined to leniency (samha); is radiant and bright (baidha); and so clear that its night is like a day (lailiha ka-nahariha).
Before proceeding further, there is a need to remove some basic misunderstandings that are being created with aplomb by the big and influential people.
The most regrettable is the attitude of secular and non-Muslim lobby in the country. Engaged in an open war against the Islamic State, this lobby is in forefront of the campaign against the supremacy of Shari’ah. The leader of the Pakistan Peoples Party and the organisations working for the so-called human and minority rights are all seen united in this ‘cause’. Posing to be a liberal, Ms. Benazir terms every effort towards the enforcement of Shari’ah as religious extremism and the machination of General Zia’s creed. While those who are notorious for creating a lot of noise in the country in the name of human rights are busy emptying their barrels all around, Christian leadership has also plunged into the fray vowing it would not allow Muslims to introduce their Shari’ah in their own country! Despite all their tall claims of upholding democracy and respecting the will of the majority, the western media and policy makers are rearing this tiny minority in Pakistan.
Then, there is another group which lacks in courage to support or advocate secularism, liberalism and atheism openly, but its motives are no different either. Raising alarm over an imaginary danger, its target is so-called religious theocracy or ‘mullah’s Islam’. In the name of ‘the Islam of Iqbal and Quaid-i-Azam,’ it wants to sabotage the cause and efforts of enforcing Shari’ah in the country.
The constitutional amendment bill presented by the government has defects and flaws. The nation, therefore, cannot accept it without removing these defects and incorporating in it desired changes and improvements. Whatever may be the intentions, objectives and political considerations of those presenting the bill for the supremacy of Qur’an and Sunnah, there are strong reasons and undeniable facts which are causing doubts and apprehensions in this regard. However, people and Islamic leadership of the country should not be bogged down with minor problems at the expense of the real issue. All should strive to strengthen the movement for the enforcement of Shari’ah and to settle this issue constitutionally and legally once and for all, regardless of the origin and form of the movement. Our target is to attain Allah’s pleasure and to achieve the real objectives of the movement for the establishment of Pakistan. We have to honor the sacrifices of Muslims of the sub-continent offered to achieve and make Pakistan a model Islamic State. It was for this objective that Islamic movement raised its voice for establishing Islamic system in 1948 and has been struggling, ever since, for supremacy of Shari’ah and establishment of the true religion.
When Allah has given man choice of either accepting or denying Him as his master and benefactor, either take the path of obedience or of revolt against Him (as is guaranteed that there is no compulsion in religion), we or any Muslim state cannot, therefore, refuse this right to people. Two points, however, need to be clear:
While those opting for infidelity and perfidy enjoy right to freedom of belief and action, in no case they are allowed to try to stop the overwhelming majority of Muslims from modeling their personal and collective lives in accordance with Qur’an and Sunnah. Nor are they allowed to employ pressure tactics with the help of foreign political and cultural powers. While accusing others of ‘religious fascism’, the secular lobby is itself guilty of dirty ‘secular fascism’. Despite all its influence and control of media, this small minority has no right to stop Muslims from fulfilling their religious obligations. Though they have every right to entertain whatever thoughts they like, and we defend it, but they should refrain from imposing their ideas and priorities on the masses of Islamic State of Pakistan. It is in the interest of democracy to control such a fascist and aggressive mentality.
Many historical factors are responsible for the ideological diversity and weaknesses in today’s Muslim society. It is necessary to accommodate or tolerate them. Identification of differences and disputes is possible only through a process of education and learning, persuation and understanding, discussion and dialogue. The Muslim society takes its roots from the values of freedom and tolerance. Unity in diversity and all-inclusiveness of the framework of Allah’s restrictions are its distinct features. It is like a garden where different flowers blossom.
In spite of all differences, leniency and tolerance have always been our customs. Even today, these are the secrets of existence and progress. This, however, does not mean that just under pressure from differing opinions, an overwhelming majority should give up those ideals for which there is general consensus, which masses believe to be the main objectives of their lives and which they consider to be the only way to success in the life hereafter. The majority has its rights just as minorities have theirs. Mutual respect should be the guiding principle for all.
It is also to be understood that one’s claim of being a Muslim and a believer in Qur’an and Sunnah entails some demands. A person is surely free to accept or not to accept Islam. But accepting it is a responsibility and every responsibility has its own demands. After becoming a Muslim, man’s freedom in some areas is restricted because Islam is a pledge given by a person that he willfully believes that Allah is his benefactor, the Prophet (peace be upon him) is his guide and leader and Islam is his religion and way of his life. There is no concept either of ‘partial Muslim’ or of ‘semi-Muslim’. Commonsense and logic also do not accept such notions. Qur’an clearly states: “O, believers! enter into Islam completely and follow not the footsteps of the Evil One.” (2:208)