1973 Constitution: A Thwarted Compromise between ‘Islamists’ and ‘Modernists’

Abstract

Since 1947, various elements and groups successfully tried to project religion as the raison d’être of the newly established state and thus demanded Islam as the grundnorm of the constitution of Pakistan. While, on the other hand, people, mostly the ruling class (taken as modernists) who were also at the forefront of Pakistan movement, were ambivalent to provide any alternative to the demands of Islamists (both traditionalists and fundamentalists) in the constitution. A compromise between these groups was demonstrated in the constitutions of Pakistan, first in 1956 and finally in 1973. The working of the 1973 constitution in the last forty years shows thwarted confluence between these groups. The PNA agitation against Bhutto in the name of Nizam-i-Mustafa in 1977, Zia’s Islamization of 1980s, the government and opposition precarious relations in the 1990s and General Musharraf ‘enlightened moderation’ slogan in 2000s and the reaction of religious groups particularly on the women protection act in 2006 is but an expression of discontent of various groups on the social contract made in the 1973 constitution. The paper attempts to look at some of the social, political and religious questions of the contemporary Pakistan e.g. legitimacy, legislation, hudood laws, extent and limitation of political as well as religious authority in the broader context of divergence of opinion and the failure of 1973 constitution to provide an ideological and theoretical clarity to the people. It is argued that stress should be more on an Islamic society rather than an Islamic state. Methodologically, a close study of the constitution (not that of a legal expert) is followed by the study of acts and policies of various governments/regimes. Religious, political and other interest/pressure groups’ statements, speeches and their policies towards the government and others are analysed to substantiate the contention of the writer. ______