AbdulRehman Foundation

SHARIA IN PAKISTAN’S CONSTITUTIONAL STRUCTURE
The Islamic Republic of Pakistan obligates the legislative bodies to bring all current laws into compliance with the precepts of Islam as outlined in the Qur’an and Sunnah and prevents the passage of any legislation that is opposed to these precepts The constitutions of the other Islamic nations, including Egypt, Iraq, and Brunei, each incorporate Islamic law. Pakistan, a nation founded on religious principles, is distinct from other nations due to its profound cultural legacies from European colonisation and its long-standing relationships to non-Muslim minorities including Christians, Hindus, and others. None of the Muslim nations today have the same conditions that existed in Pakistan when it was founded. Martin Lau uses the following words to describe the state of Pakistan: The constitutional history of Islam in Pakistan is somewhat different from that of many other Muslim nations. For instance, Egypt and Turkey were not founded as states defined by religion; Iran and Afghanistan did not experience the same type of European colonialism; Indonesia has its own rather unique constitutional vision of Pancasila; and Malaysia has federalized shari’a. Similar to this, many states that are having trouble deciding how to treat shari’a concentrate on prominent constitutional provisions that address whether Islamic law is considered “an” or “the” source of law. Nonetheless, the division of powers was a major topic of discussion in many of Pakistan’s most significant shari’a debates rather than its core principles.

.The decision to align all laws with Islamic law was made by Pakistan’s first constituent assembly. 21 Any law passed that violates Islamic tenets would be deemed invalid, it has been declared. The legislative authorities have received a clear message that Islamic principles will be realised and that it is their duty to ensure that Islamic laws are followed when forming the legislature Democratic constitutionalism was not ignored even though the religious establishment was taken into account. In fact, it was suggested that sharia law be incorporated into democratic constitutionalism. Mohammed Iqba, a Muslim philosopher who lived in the early 20th century, proposed the idea of how democracy might function with the legislative powers combining constitutional law and religion.