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"Let there arise out of you a band of people inviting to all that is good enjoining what is right and forbidding what is wrong; they are the ones to attain felicity".
(surah Al-Imran,ayat-104)
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User Name: Asym
Full Name: Asym Khan
User since: 15/Oct/2010
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 QUESTION OF PRESIDENTIAL IMMUNITY IN THE STATE OF ISLAMIC REPUBLIC OF PAKISTAN

The state of Pakistan is an Islamic Republic. The constitution of Pakistan contains in its preamble the following recitals based upon and in conformity with the tenets of Islam that : • “ Whereas sovereignty over the entire Universe belongs to Almighty Allah alone, and the authority to be exercised by the people of Pakistan within the limits prescribed by Him is a sacred trust; • And whereas it is the will of the people of Pakistan to establish an order :- • Wherein the State shall exercise its powers and authority through the chosen representatives of the people; • Wherein the principles of democracy, freedom, equality, tolerance and social justice, as enunciated by Islam, shall be fully observed; • Wherein the Muslims shall be enabled to order their lives in the individual and collective spheres in accordance with the teachings and requirements of Islam as set out in the Holy Quran and Sunnah; The above declarations as enunciated under the objective resolution, form the substantive part of the constitution under Article 2-A. They provide the basic structure of the document. These show the intent for which the document i.e. the constitution with all its articles, therein, has been framed and the overall spirit that governs the document i.e. its Islamic character, context, ideology and principles. Article 2 states that Islam shall be the State religion of Pakistan. All the articles formed under the Constitution must also adhere to this Islamic spirit of the constitution or basic structure as under article 227 no law can be legislated upon or passed which is in contravention to Islam i.e. against the Quran and Holy Sunnah. Further, all existing laws shall be brought in conformity with the injunctions of Islam as laid down in the Qur'an and Sunnah and no law shall be enacted which is repugnant to such injunctions. Having stated the premise on which our constitution is built, the question of presidential immunity under article 248 cannot be considered in isolation. Its interpretation is dependant and should be made in consonance with the overall spirit of the constitution and its Islamic character. Only literal word to word interpretation of any article, devoid of islamic element and substance, is bound to mislead and create anomalies. The western notion of King is sovereign hence immune from any action could not be applied to an Islamic State, Pakistan which places far greater responsibility on the rulers and makes them accountable to both Allah and people. Islam views all equal humans to be vicegerents of Allah on earth. It regards all to be equal before Allah the Almighty, irrespective of cast, status, creed, color etc. It stresses upon the need to have a just society where all are equal in terms of fundamental rights, duties owed to the state and to individuals, and the law affords equal protection to all without any discrimination whatsoever. No one is to be treated above the law. In professing this notion of equality Islam emphasizes upon dispensing complete justice in accordance with law, without any consideration to position, status and influence of an individual in society. It is only through this it strives to achieve a just society. The only true and perfect concept of justice is given by Quran in following ayats. O ye who believe! stand out firmly for justice, as witnesses to Allah, even as against yourselves, or your parents, or your kin, and whether it be (against) rich or poor: for Allah can best protect both. Follow not the lusts (of your hearts) lest ye swerve and if ye distort (justice) or decline to do justice, verily Allah is well-acquainted with all that ye do. An-Nisa [4:135] Allah doth command you to render back your Trusts to those to whom they are due; and when ye judge between people that ye judge with justice: verily how excellent is the teaching which He giveth you! for Allah is He who heareth and seeth all things. An-Nisa [4:58] We shall set up scales of justice for the day of Judgment, so that not a soul will be dealt with unjustly in the least. And if there be (no more than) the weight of a mustard seed, We will bring it (to account): and enough are We to take account. Al-Anbiya [21:47] Also we find that Allah’s Messenger (may peace be upon him) said 'A'isha, the wife of Allah's Apostle (may peace be upon him), reported that the Quraish were concerned about the woman who had committed theft during the lifetime of Allah's Apostle (may peace be upon him), in the expedition of Victory (of Mecca). They said: Who would speak to Allah's Messenger (may peace be upon him) about her? They (again) said: Who can dare do this but Usama b Zaid, the loved one of Allah's Messenger (may peace be upon him)? She was brought to Allah's Messenger (may peace be upon him) and Usama b. Zaid spoke about her to him (interceded on her behalf). The colour of the face of Allah's Messenger (may peace be upon him) changed, and he said: Do you intercede in one of the prescribed punishments of Allah? He (Usama) said: 'Messenger of Allah, seek forgiveness for me. When it was dusk. Allah's Messenger (may peace be upon him) stood up and gave an address. He (first) glorified Allah as He deserves, and then said: Now to our topic. This (injustice) destroyed those before you that when any one of (high) rank committed theft among them, they spared him, and when any weak one among them committed theft, they inflicted the prescribed punishment upon him. By Him in Whose Hand is my life, even if Fatima daughter of Muhammad were to commit theft, I would have cut off her hand. He (the Holy Prophet) then commanded about that woman who had committed theft, and her hand was cut off. 'A'isha (further) said: Hers was a good repentance, and she later on married and used to come to me after that, and I conveyed her needs (and problems) to Allah's Messenger (may peace be upon him). 4188 sahih muslim. The above few examples clearly show and leave no doubt whatsoever, that everyone is to be dealt with justly without any fear or favour. The president of Pakistan is no exception and cannot be made an exception. On the contrary those at the helm of affairs, the chosen representatives, should be more responsible and subject to greater accountability.


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