Islamic provisions 227 to 231
The Islamic Provisions or Injunctions in the Constitution of Pakistan, 1973,
focus on ensuring that the laws and governance of the country align with
Islamic principles. Articles 227 to 231 of the Constitution specifically deal
with this subject, establishing mechanisms to ensure that the state’s
legislative and judicial processes conform to Islamic teachings and
principles.
Below is a detailed breakdown of Articles 227 to 231 under the heading
Islamic Provisions or Injunctions:
Article 227: Laws to be in Consistency with Islam
• Article mandates that all laws in Pakistan must conform to the
injunctions of Islam. It specifies that any law that is inconsistent with
Islamic principles shall be deemed to be inoperative, to the extent of that
inconsistency. This provision reflects Pakistan’s commitment to making
the legal framework compatible with the teachings of Islam, ensuring that
no law contradicts the basic principles of Islam as understood in Pakistan’s
context.
• This article requires that all laws passed by the Parliament must be in
alignment with Islamic injunctions.
• The government is tasked with ensuring that existing laws do not
contradict Islamic principles.
Article 228: Establishment of a Council of Islamic Ideology
Article provides for the establishment of a Council of Islamic Ideology
(CII). This body is tasked with advising the government on how to bring
existing laws into conformity with Islamic principles. It also advises on the
formulation of new laws in line with Islamic teachings. The Council
consists of experts in Islamic law, scholars, and other individuals with
significant knowledge of Islamic principles.
• The Council has the authority to review laws and provide
recommendations regarding their compliance with Islamic law.
• It is an advisory body, meaning its recommendations are not binding on
the government but are highly influential in shaping Islamic law in
Pakistan.
Article 229: Functions of the Council of Islamic Ideology
Article outlines the specific functions of the Council of Islamic Ideology.
The Council is responsible for:
• Giving recommendations on whether a particular law is in accordance
with the teachings of Islam.
• Advising the government and Parliament on matters related to the
legislation.
• Recommending steps for the eradication of un-Islamic practices and
promoting the Islamic way of life.
• Proposing new laws to bring the country’s legal framework more in line
with Islamic values.
• The Council plays a pivotal role in guiding the government and
Parliament on all matters related to Islamic law.
• It helps ensure that the state’s laws align with Islamic principles,
influencing both existing and new legislation.
Article 230: Annual Report of the Council of Islamic Ideology
According to this Article, the Council of Islamic Ideology is required to
submit an annual report to the President of Pakistan. This report must
detail the progress the Council has made in fulfilling its functions,
particularly in advising on whether the laws in Pakistan comply with
Islamic teachings. The report is then forwarded to both houses of
Parliament for consideration.
Key Points:
• The annual report ensures transparency and accountability of the
Council’s work.
• It allows Parliament to review the recommendations made by the
Council and take necessary actions based on these suggestions.
Article 231: Power to Provide for Prohibition of Activities
Inconsistent with the Ideology of Pakistan
It gives the Parliament the power to prohibit activities that are deemed to
be inconsistent with the Islamic ideology of Pakistan. This could involve
prohibiting organizations, practices, or any actions that threaten the
Islamic foundation of the state. The article provides a legal mechanism to
prevent actions that could undermine the Islamic nature of Pakistan’s
governance and society.
• This provision empowers the state to take actions against activities that
are considered to go against the Islamic values upheld by Pakistan.
• It ensures that Pakistan remains committed to maintaining its identity as
an Islamic republic and addresses actions that may challenge this identity.
Conclusion
Together, these articles form a crucial part of Pakistan’s commitment to
creating a legal and governmental system grounded in Islamic values. The
framework ensures that the laws of the land are continuously examined
and, where necessary, modified to remain in line with the moral and
ethical teachings of Islam as understood in the context of Pakistan.