Analysis on implementation of Constitutional provisions

The need of Uniform Islamic Constitution for the Muslim Ummah 

A study of Islamic provisions on the Constitution of selected countries

Md. Abdul Awal Khan

 

6. Analysis on implementation of Constitutional provisions

Implementation of Constitutional provisions depends on the very nature or mentality of government. Sometimes Constitutional provisions are suspended due to emergency condition of the country⁷⁶. In the case of Bangladesh Constitution the Islamic provisions are nothing but religious decoration. To see “Bismillahir Rahmanir Rahim” from the beginning of the Bangladesh Constitution doesn’t signify that Bangladesh is an Islamic country. The Islamic provisions were inserted in the Constitution by the military government, as a majority people of Bangladesh are Muslims.  “This was done necessarily with a political end. It was a constitutional tricks played by General Zia especially to get quick blind support from a large section of people who are religious but politically unconscious.

Likewise one of four major fundamental principles of state policy “secularism” was omitted and in its place principles of absolute trust and faith in the Almighty Allah was inserted. This was also done with the same political end”. To increase his popularity Ziaur Rahman set the provisions in Fifth Amendment in this way.⁷⁸ On that account, Islamic provisions it is observed, in our Constitution is religious ornament but having no enforcing power, as there was no intention to impliment those provisions. Islam became state religion through eighth amendment by another military government headed by General Ershad. In the constitution of Bangladesh there are no provisions to exercise Islamic provision constitutionally, for example, collection of zakat or prohibiting riba, as mentioned above. Our economic system is based on riba (interest).

Again, Article, 25 demands fraternal relations among Muslim Countries, but its application is not found properly rather deep relation is seen with the non-Muslims powerful states. Likewise in the Constitution of Pakistan there are many Islamic provisions but the rulers of Pakistan are not, so to say, practicing Muslims. Shiatis-Sunni violence is common sight in Pakistan, fraternal relation among Muslim states is not harmonious and present government of Pakistan is much inclined to UK, USA, anti Islamic states.

Saudi Constitution is not properly Islamic as there is kingship, which is not supported by the Holy Quran, as mentioned above. Saudi government does not help the Muslim states against the atrocities of the Jews and Christians. Constitution of Iran bears Islamic features but it should also cover other aspects of universal nature, so that Muslim Ummah can be benefited.

Source

to be continued . . . .