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A brief Report on

ISLAMIC IDEOLOGY COUNCIL

Sumbitted to: Sir A.B Khan Submitted By: Arif Masood (BAF-06-50)

Department of Commerce, BZU Multan.

1

“Introduction of Islamic Ideology Council”

The Council of Islamic Ideology The Council of Islamic Ideology is a constitutional body that advises the legislature whether or not a certain law is repugnant to Islam, namely to the Qur'an and Sunna. This website is designed to provide information about the activities of the Council in this regard. It is updated frequently.

History in brief The Council of Islamic Ideology was established as Advisory Council of Islamic Ideology on August 1, 1962 under the Article 199 of the Constitution of the Islamic Republic of Pakistan 1962, which provided for the constitution of the Council (Articles 199 - 203), its functions (Article 204), rules of procedure (Article 205), and the establishment of Islamic Research Institute (Article 207). [The Constitution of Pakistan 1962, Articles 199 - 207] Advisory Council of Islamic Ideology was re-designated as Council of Islamic Ideology in the Article 228 of the 1973 Constitution with provisions for its composition (Article 228), Reference to the Council (Article 229), its functions (Article 230), and Rules of Procedure (Article 231). [The Constitution of Pakistan 1973, Articles 228 - 231). The office of the council was located in Lahore where it continued to work until 26 September 1977 when its offices were shifted to Islamabad. The Council shifted to its own building on September, 1995. Since 1962 the Council has held 156 meetings, revised laws of Pakistan, recommended several legislations and submitted more than 72 Reports.

Composition & Terms Minimum 8 and maximum 20 members (including the Chairman) representing various schools of thought, having knowledge of the principles and philosophy of Islam as enunciated in the Holy Qur’an and Sunnah or having understanding of the economic, political, legal or administrative problems of Pakistan with at least two of the members to be sitting or retired judges of the Supreme Court/a High Court and one member to be a woman. And with at least four members to be scholars who have been engaged in Islamic research/instruction for at least 15 years. (Article 228 of the Constitution of the Islamic Republic of Pakistan, 1973) Terms are; Three years; eligible for re-nomination.

2

Functions of Council

(As per Article 230 of the Constitution)

1. The functions of the Islamic Council shall be:

a. to make recommendations to Majlis-e-Shoora (Parliament) and the Provincial Assemblies as to the ways and means of enabling and encouraging the Muslims of Pakistan to order their lives individually and collectively in all respects in accordance with the principles and concepts of Islam as enunciated in the Holy Qur’an and Sunnah;

b. to advise a House, a Provincial Assembly, the President or a Governor on any question referred to the Council as to whether a proposed law is or is not repugnant to the Injunctions of Islam;

c. to make recommendations as to the measures for bringing existing laws into conformity with the Injunctions of Islam and the stages by which such measures should be brought into effect; and

d. to compile in a suitable form, for the guidance of Majlis-e-Shoora(Parliament) and the Provincial Assemblies, such Injunctions of Islam as can be given legislative effect.

2. Where a House, a Provincial Assembly, the President or the Governor, as the case may be, considers that, in the public interest, the making of the proposed law in relation to which the question arose should not be postponed until the advice of the Islamic Council is furnished, the law may be made before the advice is furnished:

Provided that, where a law is referred for advice to the Islamic Council and the Council advises that the law is repugnant to the Injunctions of Islam, the House or, as the case may be, the Provincial Assembly, the President or the Governor shall reconsider the law so made.

3. The Islamic Council shall submit its final report within seven years of its appointment, and shall submit an annual interim report. The report, whether interim or final, shall be laid for discussion before both Houses and each Provincial Assembly within six months of its receipt, and [Majlis-e-Shoora (Parliament)] and the Assembly, after considering the report, shall enact laws in respect thereof within a period of two years of the final report.

3

List of Chairmen

# Names From To

1 Justice Abu Saleh Muhammad Akram 1.8.1962 5.2.1964

2 Prof. Allama Allauddin Siddiqui 6.2.1964 31.1.1973

3 Justice Hamood-ur-Rehman 2.2.1974 1.2.1977

4 Justice Muhammad Afzal Cheema 26.9.1977 16.5.1980

5 Justice Tanzil-ur-Rahman 27.5.1980 30.5.1984

6 Prof. A.W.J. Halepota 7.5.1986 6.5.1989

7 Justice Muhammad Haleem 25.2.1990 24.2.1993

8 Maulana Kausar Niazi 15.12.1993 19.3.1994

9 Iqbal Ahmad Khan 11.6.1994 10.6.1997

10 Dr. S.M. Zaman 10.9.1997 12.9.2000

11 Dr. S.M. Zaman 17.10.2000 16.10.2003

12 Dr. Muhammad Khalid Masud 16.6.2004 To Date

4

Present Council

1 Dr. Muhammad Khalid Masud Chairman

2 Dr. Manzoor Ahmed Member

3 Justice (R) Dr. Munir Ahmad Mughal Member

4 Justice Dr. Rashid Ahmed Jalundhri Member

5 Maulana Abdullah Khilji Member

6 Dr. Mohsin Muzaffar Naqvi Member

7 Syed Afzal Haider Member

8 Dr. Faiz Bilqees Member

9 Muhammad Sadeeq Hazarvi Saeedi Member

10 Mufti Ghulam Mustafa Rizvi Member

11 Khawaja Sharif Muhammad Amir Koreja Member

12 Mufti Muhammad Ibrahim Qadri Member

13 Syed Saeed Ahmed Shah Gujrati Member

14 Maulana Muhammad Khan Sherani Member

15 Dr. Muhammad Idrees Member

16 Fazal Ali Member

17 Abu-Al-Fateh Muhammad Yousaf Member

18 Mrs. Shahida Akhtar Ali Member

19 Dr. Anwar H. Siddiqui Member

20 Prof. Dr. Sabiha Qadri Member

5

Plans of Islamic Ideology Council

A. Targets

• Playing active role, through provision of guidance, for the fulfillment of the pledge given to the masses by the founders of the homeland to establish a system of governance based on Islamic principles of social justice, equity, tolerance, freedom and peaceful co-existence.

• Contributing towards insuring that each and every citizen of Pakistan regardless of his race, colour, sex, language, religion, ethnic or social origin enjoys all basic human rights conferred on him by Islam as well as the Constitution of Islamic Republic of Pakistan

• Striving to achieve the goal of providing all-encompassing guidance to the Muslim citizens of Pakistan, both in private and public spheres, to order their lives according to the concept, teachings, and injunctions of Islam as contained in the Holy Quran and Sunnah of the Prophet (PBUH).

• Ensuring that no such law is enacted in the country which may be repugnant to the injunctions of Islam as enshrined in the Quran and the Sunnah.

• Securing that all existing laws as currently enforced in the country are brought in conformity with the concept and teachings of Islam

• Encouraging extensive debate and open dialogue among representatives of different, and at times, opposing schools of thought so as to reach at a common understanding of modern day challenges faced by the Ummah, as well as to formulate common responses to them

• Striving to achieve a degree of Unity (in diversity) viz formulating strategies to counter the foreign cultural as well as media onslaught on Islam and Islamic culture

• Fostering and promoting endeavors to introduce reform in fields and sectors such as society, law, economy education, polity and media (both electronic and print)

• Nourishing efforts to remove misunderstanding about Islam and pave the way for unraveling the true nature of Islamic faith and teachings which allocates no room, whatsoever, to bigotry, extremism, dogmatism, sectarianism and fanaticism

B. Strategy To achieve these targets the Council, besides carrying out its Constitutional functions, shall undertake of encourage research in the fields of:

a. The evolutionary stages of development of Islamic jurisprudence b. The intricacies of divergent Fiqhi Maslaks in Pakistan c. Compilation of booklets highlighting therein Islamic point of view on issues of

national as well as international interest d. Review and comparative study of Islamic Laws as enforced in different Islamic

countries e. Preparation of critical studies of books, monographs and papers representing

West’s point of view through holding public discussion on their contents

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C. RESEARCH ORIENTATION

Council's recommendations are based on an extensive research support derived from

• An overview of the relevant doctrines on the relevant subject in the various schools of Islamic law

• Available information about laws and practice in Muslim countries on the given issue

• Visit of Members of the Council to Muslim countries for consultation and data collection

• Field research and collection of relevant information and statistical data as required for a well informed discussion on the issue under consideration

• Consultation with the experts

D. AFFILIATED SCHOLARSHIP Inviting Pakistani and foreign students and scholars for short and long periods to participate in the research programs of the Council

E. Conferences/Seminars/Discussion Groups Organizing various fora for collective discussions on issues under Council's consideration. The papers, deliberations, interventions and contributions by the participants constitute source material for the Council for a better understanding of the issue, a well-informed discussion and comprehensive recommendations.

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RESEARCH AND PUBLICATION PROJECTS

LATEST PUBLICATIONS

• Islam and Extremism (December 2009) • Future Agenda for Change, Islam and West (May 2009) • Jail Reforms ق اصــالح د وج ان ــہ ل (May, 2009) رپـــورٹ جات خان• Analytical Report on Existing Laws in Pakistan (1796-2006) (February 2008)

PROJECTS IN PROGRESS

• Religious Sects in Pakistan (ســــــــتان م پا ں د ن ــال (مس• Zakat and Ushr System (ــو ــام ز (وعشــر ةنظ• Non - Muslim Citizens in Pakistan (ســــــــتان م پا ں غ ر مســلم شــہر ) • Hudood report (Court decisions) (ــے ف ــورٹ ــورٹ حــدود رپ (صـــلے• Land reforms in Pakistan (ســــــــتان م پا ں زرع (اصــالحات

WORKSHOP \ CONFERENCES

• 2004-2005

1. Group Discussuon on “Terrorism“(2004) 2. Seminar on “Islamic Banking“ (2005)

• 2006

1. Workshop on “Philanthropy and Economic Justice in Islam“ (July 2006) 2. Conference on “Islam and Economic Practices“ (October 2006) 3. Injunction of Sharia(2006) 4. The Objectives of Sharia(2006) 5. Religious sects in Pakistan(2006) 6. Islamic Laws in Muslim countries(2006) 7. International Conference on Islamic economics(2006) 8. Islam & Human Rights(2006) 9. Report of a series of Lectures on Islamic economics(2006)

• 2007 -2010 o Ulema Conference on “Tobacco Control“ (27th September 2007) o A Round Table on “FUTURE AGENDA OF CHANGE” Role of the Muslim world”

(3rd February 2009) o Workshop on “Corruption Reasons, Impact, Prevention“ (21st November 2009) o Lecture on Progressive IJTIHAD by Canadian Religious Scholar Imam Omar.

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Achievements of Islamic Ideology Council

List of the Laws enacted on the recommendations of Council of Islamic Ideology

1. The Offences against Property (Enforcement of Hudood) Ordinance, 1979. 2. The Offence of Zina( Enforcement of Hudood) Ordinance, 1979. 3. The Offence at Qazf (Enforcement at Hadd) Ordinance, 1979. 4. The Prohibition (Enforcement) of Hadd) Order, 1979. 5. The Qanun-e-Shahadat Order, 1984. 6. The Zakat and Ushr, Ordinance, 1980. 7. The Criminal Law (Amendment) Act, 1997 (Qanun-e-Qisas and Diyat). 8. The Enforcement of Shariat Act, 1991 (adopted with certain modifications). 9. Transplantation of Human organs. (Under consideration of the Parliament) 10. Marriage with the Qur'an (Prohibition). (Under consideration of the Parliament)

List of departments established on the recommendations of the Council of

Islamic Ideology.

1. Ministry at Religious Affairs and Minorities Affairs. 2. Law Commission. 3. Judicial service/Shariah Academy. 4. Shariah Benches and Federal Shriat Court. 5. Promotion of Arabic Language.

Council's Contributions (Reports)

A. Reports of Review of Laws : Post-1973 period The work of reviewing laws to identify elements repugnant to Islamic injunctions was continued for the post-1973 period.

1. A Review of the first phase (15.8.1973-4.7.1977) appeared in the year 2000

2. Work on the 4th phase (1999 to 2002) has been finalized and published in 2003

3. Review for the 2nd and 3rd phases is to be completed

B. Guidelines for Islamization of Laws Some examples of guidelines formulated for the scrutiny of laws:

• Existence of element of Riba in any form. • Any restriction on the right of an aggrieved person to seek redress. • Acquisition of property without free consent of the owner. • Any violation of the Islamic law of inheritance. • Denial of the right of appeal against any decision of

Government/judgment; at least one right of appeal to be ensured. • Discrimination in the application of law. • Violation of the right of privacy.

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Reports on Socio-Economic System

1. Apart from the basic work on Islamization of laws, the Council has been publishing its recommendations comprising reviews of the Economic System, Education System, Social System and Media Reforms in the Islamic perspective.

2. It could be claimed with some degree of pride that the Council’s work on the Islamization of the Economic System has not only been of a pioneering nature in Pakistan but was also internationally recognized. The Report on Elimination of Riba from the Economy and Islamic Modes of Financing, of which a second revised and enlarged edition appeared later, received universal acclaim in particular.

INTERNATIONAL CONFERENCE ON “ISLAM AND CURRENT ECONOMIC ISSUES”

Council of Islamic Ideology organized an international conference on “Islam & Current Economic Issues” on 1st – 2nd June, 2007, at the Conference Hall of the Council. Sub-themes of the conference are as under:

§ Analysis of the CII Reports on Elimination of Riba. § Poverty Alleviation: Zakat – Bait ul Mall § Islamic Banking § Nature and Role of the Government in Islam.

Recommendations of the conference were pronounced in by Dr. Khalid Masud on:

§ Interest free financial instruments. § Islamic Banking § Poverty & Zakat § Role of Government.

Some of the questions that need consideration were pointed out:

o Why the present Zakat and Bait-ul-Mall are unable to mitigate

poverty and ensure these rights. o Coverage of Zakat: Coverage of Zakat reconsideration since the

forms of wealth and their relative importance have been changed overtime.

o Change in the rate of Zakat. o Is Tamlik a necessary part of Zakat. o Payment of Zakat individually privately. o Distribution of Zakat globally.

IIC has also presented

a 250 Pages research

report on “Elimination

of RIBA from economy

& Islamic modes of

Financing” which is

available on its

Website.