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
5. Nature of the
Constitution of Bangladesh
Constitution of Bangladesh is neither
Islamic Constitution nor secular. About 85% people of Bangladesh are Muslims. Bangladesh
is a democratic state. Secularism, Socialism, Communism is opposed to the Islamic
view but that provisions were present in the preamble of the Constitution of
Bangladesh 1972. Declaring the people to be the source of all power, Constitution, referred
to the nationalism, socialism, democracy and secularism as the fundamental
principles.36 Later secularism was omitted and an explanation was
added in the meaning of the socialism as economic and social justice.37
The Constitution of 1974 abolished all political parties along with all parties
based on religion38 but all anti-Islamic provisions were repealed by
the Fifth Amendment.
5.1 Islamic
provisions in the Constitution of Bangladesh
Though there are some Islamic
provisions in the Constitution of Bangladesh, these are not followed.
“Bismillahir Rahmanir Rahim” means “In the name of Allah the Beneficent, the
Merciful” was inserted in the beginning of the Constitution. “Pledging that the
high ideals of absolute trust and faith in the Almighty Allah.............shall
be the fundamental principles of the Constitution”40. The state
religion of the Republic is Islam but other religion may be practiced in peace
and harmony in the Republic.” The principles of absolute trust and faith in the
Almighty Allah ............shall constitute the fundamental principles of state
policy.”42 Again “Absolute trust and faith in the Almighty Allah
shall be the basis of all actions.43 The State shall ..........
prevent the consumption of alcohol except for medical purposes or for other
purposes as may be prescribed by law of alcoholic and other intoxicating drinks
and of drugs which are injurious to health. The state shall adopt effective
measures to prevent prostitution and gambling. The State shall endeavour to
consolidate, preserve and strengthen fraternal relations among Muslim countries
based on Islamic solidarity.46
5.2 Islamic
feature of the Constitution of Pakistan
Constitution of Pakistan starts with
“Bismilla----------Rahim” and the name of Pakistan Constitution is Constitution
of Islamic Republic of Pakistan. Sovereignty over the Universe belongs to
Almighty Allah alone and the authority to be exercised by the people of
Pakistan with the limits prescribed by Him is a sacred trust . Principles of
democracy, freedom, equality, tolerance and social justice as enunciated by
Islam shall be fully observed, the Muslims shall be enabled to order their
lives in the individual and collective spheres in accordance with the teaching
and requirements of Islam as set out in the Holy Quran and Sunnah.47
Pakistan is a Federal Republic in which the
Supreme Power is vested in the people and exercised through their elected
representatives. Islam is the state religion of Pakistan and every citizen has
the right to profess, practice, and propagate his religion and every religion
denomination and every sector thereof has the right to establish, maintain and
manage its religious institutions49. No person shall be compelled to
pay any special task the proceeds of which are to be spent on the propagation
or maintenance of any religion other than his own50. No person
attending any educational institution shall be required to receive religion
instruction or task pant in any religion ceremony or attend religion worship
related to a religion other than his own. It enables the Muslims of Pakistan
individually and collectively to order their lives in accordance with the
fundamental principles and basic concepts of Islam and to provide facilities
whereby they may be enabled to understand the meaning of life according to the Holy
Quran and Sunnah.
The state shall endeavor as respects the Muslims of Pakistan
to make the teaching of the Holy Quran and Islamiat is compulsory to encourage
and facilitate the learning; Arabic language and to secure correct and exact
printing and publishing of the Holy Quran; to promote unity and observance of
the Islamic moral standards and to secure the proper organization of zakat,
auqaf and mosques. The state shall endeavor to preserve and strengthen
fraternal relation, unity, support the common interest of the peoples of Asia,
Africa and Latin America, promote international peace and security foster good
will and friendly relations among all nations and encourage the settlement of
international disputes by peaceful means.53
The President of Pakistan shall be Muslim54.
Existing laws shall be brought in conformity with the injunction of Islam as
laid down in the Holy Quran and Sunnah. No laws shall be enacted which is
repugnant to such injunctions. These provisions shall not affect the personal
laws of non-Muslims citizens of their status as citizens.55
Pakistan Constitution composed of Islamic
council whose member should be very much expert in the principle and philosophy
of Islam as enunciated in the Holy Quran and Sunnah. “Constitution of Pakistan
represents a combination of Islamic and socialistic thoughts but is named
Islamic Republic of Pakistan. Ahmadies were declared in the Interpretation
chapter of Second Amendment as non-Muslims. Its effect is confirmed to
declaring person with certain beliefs as nonMuslims.”56
5.3 Nature of
the Constitution of Islamic Republic of Iran
The Constitution
of Iran is called exclusively Islamic Constitution. Some verses of the Holy
Quran are inserted in the Constitution. The form of government of Iran is that
of an Islamic Republic, endorsed by the people of Iran on the basis of their
longstanding belief in the sovereignty of truth and Qur’anic justice.57
The Islamic Republic is a system based on the following:
1. The one God (as stated in the
phrase "There is no God except Allah"), His exclusive sovereignty and
the right to legislate, and the necessity of submission to His commands;
2. Divine revelation and its
fundamental role in setting forth the laws;
3. The return to God in the
Hereafter, and the constructive role of this belief in the course of man's
ascent towards God;
4. The justice of God in creation and
legislation;
5. Continuous leadership (imamah) and
perpetual guidance, and its fundamental role in ensuring the uninterrupted
process of the revolution of Islam;
6. The exalted dignity and value of
man, and his freedom coupled with responsibility before God; in which equity,
justice, political, economic, social, and cultural independence and national
solidarity are secured by recourse to:
(a)
Continuous ijtihad of the fuqaha' possessing necessary qualifications, exercised
on the basis of the Qur'an and the Sunnah of the Ma'sumun, upon all of whom be
peace;
(b)
sciences and arts and the most advanced results of human experience, together
with the effort to advance them further;
(c)
negation of all forms of oppression, both the infliction of and the submission
to it, and of dominance, both its imposition and its acceptance.58
In accordance with the command of the
Qur'an contained in the verse ("Their affairs are by consultations among
them" [42:38]) and ("Consult them in affairs" [3:159]),
consultative bodies - such as the Islamic Consultative Assembly, the Provincial
Councils, and the City, Region, District, and Village Councils and the likes of
them – are the decision-making and administrative organs of the country.59
The conditions, limits, and nature of the duty of the Republic of Iran will be
specified by law. This is in accordance with the Qur'anic verse; "The
believers, men and women, are guardians of one another; they enjoin the good
and forbid the evil" [9:71].60 In accordance with the sacred
verse of the Qur'an, "This your community is a single community, and I am
your Lord, so worship Me" [21:92], all Muslims form a single nation, and
the government of the Islamic Republic of Iran has the duty of formulating its
general policies with a view to cultivating the friendship and unity of all
Muslim people, and it must constantly strive to bring about the political,
economic, and cultural unity of the Islamic world.61
In accordance
with the sacred verse, "God does not forbid you to deal kindly and justly
with those who have not fought against you because of your religion and who
have not expelled you from your homes" [60:8], the government of the
Islamic Republic of Iran and all Muslims are duty-bound to treat non-Muslims in
conformity with ethical norms and the principles of Islamic justice and equity,
and to respect their human rights. This principle applies to all who refrain
from engaging in conspiracy or activity against Islam and the Islamic Republic
of Iran.62 These are the main Islamic provisions of the Constitution
of Iran and it is called the only proper Islamic Constitution of the
world.
5.4 Nature of
the Constitution of Kingdom of Saudi Arabia
Though the Constitution of the
Kingdom of Saudi Arabia is not exclusively Islamic, but it has some Islamic
provisions. The Kingdom of Saudi Arabia is a sovereign Arab Islamic state with
Islam as its religion based on God's Book and the Sunnah of His Prophet. Rule
passes to the sons of the founding King, Abd al-Aziz Bin Abd al-Rahman
al-Faysal Al Sa'ud, and to their children's children. Allegiance to the Holy Quran and the
tradition of the Prophet is the basic principle of the Constitution.64
Government in Saudi Arabia derives power from the holy Quran and the Prophet's
tradition.65 Government in the Kingdom of Saudi Arabia is based on
the premise of justice, consultation and equality in accordance with the
Islamic Shari'ah.66 The family is the kernel of Saudi society, and
its members shall be brought up on the basis of the Islamic faith, and loyalty
and obedience to God, His Messenger, and to guardians; respect for and
implementation of the law, and love of and pride in the homeland and its
glorious history as the Islamic faith stipulates.
Saudi society will be based on the
principle of adherence to God's command. Property, capital, and labour are
maintained in accordance with Islamic Shari'ah. The state protects Islam; it
implements its Shari'ah; it orders people to do right and shun evil; it fulfills
the duty regarding God's call.70 The state protects human rights in
accordance with the Islamic Shari'ah.71 Islamic penology is followed
in Saudi Arabia. Penalties shall be personal and there shall be no crime or
penalty except in accordance with the Shari'ah. The source of the deliverance
of fatwa in the Kingdom of Saudi Arabia is God's Book and the Sunnah of His
Messenger. The law will define the composition of the senior ulema body, the
administration of scientific research, deliverance of fatwa and it's (the body
of senior ulema's) functions73. The judiciary and court proceedings
are also regulated by the provisions of Shariah and Sunnah.74 The
regulatory authority lays down regulations and motions to meet the interests of
the state or remove what is bad in its affairs in accordance with the Islamic
Shari'a.75
to be continued . . . .
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