User:Uxorious203

Islamic Constitution of Pakistan (DRAFT)

'''On no soul doth Allah Place a burden greater than it can bear. It gets every good that it earns, and it suffers every ill that it earns. (Pray :) “Our Lord! Condemn us not if we forget or fall into error; our Lord! Lay not on us a burden Like that which Thou didst lay on those before us; Our Lord! Lay not on us a burden greater than we have strength to bear. Blot out our sins, and grant us forgiveness. Have mercy on us. Thou art our Protector; Help us against those who stand against faith. (Surah AL Baqrah)'''

Since 9/11, the western media has constantly portrayed Islam is a religion of warriors or troublemakers. In every two or three months’ time, Pakistan is in the headline news in the context of terrorism, Taliban or Al-Qaeda. The worst impact of such news is to make up the mind of the west that our nuclear weapons would fall into the terrorist’s hands. It is a wakeup call to mend our ways and turn towards our main goal. We should ask repentance from Allah individually and collectively. The following is the proposal for 20th Amendment in our constitution.

20th Amendment in Constitution of Pakistan

It is hereby would be enacted as follows 1.	Short title and commencement

a)	The constitution of Pakistan should be re-named as “The Islamic Constitution of Pakistan” instead of The Constitution of Islamic Republic of Pakistan.

b)	It shall come into force at once.

2.	Amendment of Article 41 of the Constitution

In the constitution of Islamic Republic of Pakistan, in Article 41, all clauses should be replaced as:

a)	The President of Pakistan should be elected on the basis of Islamic eschatology. The President of Pakistan should be called as “Emir” who shall be the Head of state and shall be responsible of the unity of Muslim Ummah. The word “President” should be replaced by “Emir” throughout the whole constitution

b)	A person should not be qualified as Emir unless

i)	He is a Muslim ii)	He is currently serving in the Islamic army of Pakistan for the minimum of twenty five years ( The reason is given in later section why to select from the Pakistan army) iii)	He should be among the SSG commandos (the highest and toughest military training given in Pakistan army) c)	The Emir should be elected in accordance to the following rules i)	From the Pakistan Army, four or five names should be given to the people of Pakistan ii)	The people of Pakistan should nominate one on the basis of his intellects according to the issues/problems Pakistan is facing at that time. Nomination should be done through voting. It should fulfil the criteria of democracy given by UNO General Assembly resolution 2000/14 as political, economic, social and cultural systems and their full participation in all aspects of their lives. The people of Pakistan have a full right to ask for accountability of the Emir and government’s expenditure at the end of the financial year. iii)	The Islamic Council of Pakistan should judge Emir in against the knowledge of Islam. d)	Election shall be held not earlier than sixty days and not later than thirty days before the expiration of the term of the Emir in office; Provided that, if the election cannot be held within the period aforesaid of extenuating circumstances, it shall be held within thirty days of the circumstances changed. e)	An election to fill a vacancy in the office of Emir shall be held not later than thirty days from the occurrence of the vacancy

3.	Amendment of Article 42 of the Constitution

The wordings of article 42 should be replaced by

Oath of Emir

I, the Emir of Pakistan take an oath and say “There is no god but except Allah and Hazrat Muhammad (PBUH) is the last prophet of Allah”. All sovereignty belongs to Allah. I will take every step in accordance to the teachings of Islam and Sharia law during my whole tenure. I will not execute any step until I get the vote for confidence from the Grand Jury of Islamic Council.

4.	Amendment of Article 44 of the Constitution

Term of office of Emir

Clause (2) of the article 44 would be

Emir is elected for only FIVE year terms. There is no second or third term. Upon selecting by the people of Pakistan, the Emir should give up his army uniform and take the office in a civilian uniform.

Clause (3) of the article 44 would be “The Emir may, by writing under his hand addressed to the Grand Jury of Islamic Council, resign his office.”

5.	Amendment of Article 45 of the Constitution

The Emir has no power over the Grand Jury’s Decision on any sentence passed by court. However, he can challenge the decision in the same court by giving some valid reasons. The Grand Jury has to reconsider the decision even the outcome would be same.

6.	Amendment of Article 46 of the Constitution

The amendment as follows

The Government Ministers shall keep the Emir informed on all matters of internal and foreign policy and on all legislative proposals the Federal Government intends to bring before Majlis-e-Shoora (Parliament)

7.	Amendment of Article 47 of the Constitution

Removal [or impeachment] of Emir

All of the clauses in Article 47 replaced as i)	If Emir acted without taking the confidence of Grand Jury of Islamic Council, be removed from the office on the charge of gross misconduct

8.	Amendment of Article 48 of the Constitution

Emir to act on advice, etc.

i)	In the exercise of his functions, The Emir shall act in accordance of the guidance of the Grand Jury. If the matter is not related to the Islam, then the matter should be resolved in the best interest of the stability of Pakistan ii)	The question whether any, and if so what, advice was tendered to the Emir by the Islamic Council, a Minister or Minister of State shall not be inquired into in, or by, any court, tribunal or other authority

2. Definition of The Grand Jury of Islamic Council

The following proposed jury is considered in the best interest of all Muslims in Pakistan. The reason to include all major sects is to create harmony and unity among Muslims and more importantly to represent Pakistan a VIABLE and GREAT MODEL of ISLAM.

The definition is as:

i)	Jury will consist of Islamic scholars of all school of law i.e. Hanafi, Shafai, Maliki, Hanbali plus SHIAs.

ii)	The people of Pakistan will vote to select only one scholar from each school to make one representative from each school.

iii)	The One scholar from each school will be selected for TEN year terms

iv)	They are not allowed to argue and use of derogatory words against each other v)	They will have the authority of “VETO”

vi)	Scholars can exercise VETO against each other verdicts/decisions

vii)	We have to buy 15 years relaxation time. Till First 15 years, the Jury will work with the current or modern system of Pakistan (It only not to create a BIG panic in our society. Plus, there are people who don’t agree to the Islamic Law or Islamic Scholars. The wisdom should be used to buy some time)

viii)	The first 15 years, the jury will work on the implementation of Holy Qur’an (not AHADIS for 15 years) and the developing the real sense of Islam (as described in Section 2.1) among Pakistanis ix)	After 15 years, one by one all of the hadiths should be implemented. The People of Pakistan’s discretion is essential in implementing the hadiths. If we teach them in a right way throughout the above 15 years’ time, then InshAllah they would accept all of Hadith’s. If majority say no to any hadith then we should try (teach) again to convince them x)	Immediately, a CAP will be imposed on the level of indecency (or unislamic rituals) so that no one can take advantage of our 15 years relaxation time

xi)	Another CAP will be imposed to say “NO MORE DIVISION IN ANY RELIGION”. Therefore, no more sects (irrespective of Islam, Christianity, Judaism, Hinduism etc) will be practised in Pakistan

xii)	The minority religions like Christians, Hindus etc, they will have freedom to exercise their rituals/festivals. But before opening any new Church or Mandirs, they have to prove first that their Holy Book is a Word of God. It should be based on friendly discussion between scholars with given logical, scientifically, historical evidences in the Holy Books. If they fail, Pakistan should not allow to teach misleading books to Pakistanis

2.1	Education Body

Reason : In Pakistan, there are two or three system of education is running. This is one of the big reason that divide our people. One set of pupil is going towards westernism and other set of pupil is going towards extremism. Further, unfortunately our students even get the PhD degree, they remain divided into Sindhis, Punjabis, Balochis, Muhajirs and Pathans. There is a dire need to rectify our education system to gather all of the Pakistanis into one.

Proposal : i)	The Friday sermon should be the part of our syllabus from Class 6 to Graduation ii)	Local schools should hire the local molvis for Quranic teachings to pupils iii)	The syllabus of Islamiat should be divided (from Class 6 ) in such a way that when a person finished his/her graduation, he/she become a HAFIZ iv)	There should be one syllabus in every madrasas and in every schools of Pakistan

v)	Steps should be taken to develop the confidence among pupils in saying “Alhumdolilah We are Muslims”

2.2	Body of Ummah

This should be the key body of our system. The main function of this body is to make such policies/steps to create a unity among Pakistanis. The Balochis are going to point of no return. Such cases should be the top priority. Our former government made a Baloch regiment specifically to reduce hatred among Balochis towards Pakistan. Unfortunately, it is not visible as it supposed to be. (I came to a suggestion that if we set a quota for Balochis in our Drama serials. We can hire young actor or actresses in our drama serials. So that common man can see the difference. The indian phenomena is penetrating in our societies. Our Baloch youngsters are being constantly fed a poison against Pakistan. We should take such steps immediately) This body should also consider Azad Kashmir who always prefer to call themselves Kashmiris than Pakistanis. Although, they travel on Pakistani passport and they use Islamabad airport. Same consideration should be given to Karachi. Our wrong policies created so much alienation among us.

2.3	Absolute Justice

Allah says in the Holy Qur’an. “If you see injustice then raises your voice. Do not think what would happen to your belongings (spouse, children or etc.). Allah has given the RIZQ when you were not there and He will provide the food even after you.” On the basis of Quranic teachings, this body should provide absolute justice to the people of Pakistan.

Note :- The future of our current political parties should not be more than the community worker. If you look into our major political parties like PML(N), PPP, MQM, ANP. They did nothing but divide Pakistan into Sindhis, Punjabis, Muhajirs, Pathan and Balochis.

The reason to choose Emir from Pakistan Army

i)	Our former President i.e. Mr Pervez Musharraf always had a slogan “SAB SE PEHLEY PAKSTAN”. I agree to some extent but where is the word ISLAM, which was the basic reason to build Pakistan from Britishers and Indians

ii)	There is an outcry in the west that our nuclear weapons would fall into the fundamentalists or extremists. Plus, our people/army has a fear of sanctions if it would happen.

iii)	All of the Caliphs and Imams (from SHIAs) were “SIPA SALAR” ( i.e. leader of the army). The problem of our current Pakistani Army is that they do offer prayers five times a day but they don’t know more than that. Like when Islam allows killings or when not! Therefore, Islamic scholars should teach them properly.

iv)	The Islamic Law in Pakistan would invalidate the cause of Taliban’s aggression towards Pakistan. Further, if we have a Islamic law in Pakistan, there would be less disturbance from Afghanistan as well

Therefore, it is best to give the nuclear button in our Army hands and so that our scholars would not face any hindrance to promote Islam in an effective way. The point should be noted. We should not make any country ( e.g. Turkey or Iran) as a model for our country. The Islamic model and wisdom has been given through our Prophet Muhammad (PBUH). We should look to our people (i.e. People of Pakistan), their mentality, their interest, their awareness then according to it; we should proceed in implementing Islam.

I believe there is still lot more needs to be done but I want to make sure first my voice and effort should be heard and encouraged.