Objective Resolution
Objective Resolution
1. Introduction
Constitutional history of Pakistan opened with objective Resolution. It was a resolution adopted by the
Constituent Assembly of Pakistan on March 12, 1949. Prime Minister, Liaquat Ali Khan, had presented it
in the assembly on March 7, 1949.
It was the first constitutional document of Pakistan. It provided foundation or provided foundation or
parameters or sublime principles to the legislatures. It made the constitution-making Process Easy Task
Setting some particular Objectives before Them That Would Be Acceptable to the People of Pakistan
Later on, it was included in Preamble of all three constitutions of Pakistan. Now it is part of Constitution of
Pakistan 1973. The resolution, in its entirety, has been made part of the Constitution of Pakistan under
Article 2(A).
2.
Meaning of preamble:
According to oxford dictionary of law :
The part of a statue that sets outs its purpose and effects.
According to black law dictionary:
An introductory in a constitution, statute or other document explaining the documents basis and objective.
The recitals set out in the beginning of a statute showing the reason for the act.
3.
Purpose of Preamble:
The preamble of the constitution is not justifiable as other parts of the constitution. The preamble is
written in the constitution just to determine the ideals and the objects for the government to achieve. It
helps in the interpretation of the provisions of the constitution when they are ambiguous or resolve a
dispute between two conflicting provisions of the constitution.
4. Nature
of Preamble:
Preamble is not legally enforceable. It states principles and brief statement. All the principles laid down in
the preamble find expression in the enactment and provides guiding light true appreciation and
understanding of document.
Objective resolution as three separate distinct components .first is purely structural feature of it
that the sovereignty of Allah Almighty descending on the people of Pakistan constituting state of
Pakistanis to be exercised through their chosen representatives .
The second is qualitative feature, which is based on trust that representatives have to be
exercised within the limits prescribed by the Almighty Allah.
The third is normative feature, the norms the goals the ideals, mostly mundane in nature are
spelt out with particularity which have to be achieved through the constituent assembly and by the
process of framing a constitution.
Sovereignty
It has been decide in Objective Resolution that sovereignty belongs to Allah alone.
Federation
Fundamental Rights
Objective Resolution has provided guarantee for fundamental rights for people of
Pakistan and it has decided that no Law, which is against the Fundamental Rights,
will be made.
Independence of Judiciary
Objective Resolution has admitted that judiciary will remain independent for
providing of justice easily.
Rights of Minorities
It has been decided in Objective Resolution that adequate Provisions will be made
for rights and protection of minorities.
Defense of Pakistan
It was declared that defense of the country will be made strong.
Welfare State
Objective Resolution has decided that Pakistan will be a welfare state, which will
work for prosperity of its own people and for promotion of international peace.
Territories of Pakistan
The objective resolution also provides the territories of Pakistan. The following
territories include in Pakistan.
The Punjab
The Balochistan
The Sindh
The N.W.F.P
In Christianity:
Christian history until the present times, there has always been two authorities
Allah and Caesar, or the church and state. Each had its own laws and
jurisdictions, each its own structure and hierarchy. In the pre-westernized Islamic
world there were never two powers, and the question of separation never arose.
The distinction so deeply rooted in Christendom between church and state has
never existed in Islam.
Democracy in Islam:
Allah says in Quran, Chapter 12, and Yusuf, Verse 67
"Lo! The decision rests only with Allah."
In Islam besides Allah, no one has the right to make laws. Allah is our Creator, our Lord and he knows
well that what is good and what is bad for us. It is the responsibility of human to implement the laws of
Allah in his society.
So, in Islam, Democracy has no concept.. Because in Democracy, "Parliament" has right to pass or
reject any law whether it is against to Islamic Sharia or not. As we can see that assemblies in this
democratic system have passed many anti-Islamic laws like interest (Banking), insurance, stock markets
and many other laws against Islamic Sharia'a.
"But no, by your Lord, they can have no faith, until they make you judge in all disputes between
them, and find in themselves no resistance against your decisions, and accept (them) with full
submission."
Election or Voting:
As far as election or voting is concerned, it is only a style to select a person for performing a specific job.
Islamic Sharia'a permits such kind of selection but within the boundary of Sharia
For example:
The selection of a monitor or representative of a class. Similarly, the selection of representative of Majlis
e Shoora or the selection of Caliph can be done by it. It is the duty of Caliph to impose the laws of Allah in
society and Caliph is also under the laws of Allah. So election or voting itself is not wrong in Islam but
when this style is adopted in a democratic system it is wrong.
As we have seen all facts about Democracy, it is a form of non-Islamic government. It is not permissible
for any Muslim to participate in such kind of voting or election because by doing this his representative
sitting in the Parliament will make laws himself, which is a shirk (to associate partner with Allah).
Our Creator knows well that what is good and what is bad for us. So we have to obey our Creator in any
condition, if we want to become succeed in this world and hereafter. For this purpose, there is a need to
establish an Islamic State (Khilafat) where every law will be according to the order of Creator. Which He
has sent down (Quran) for our guidance. We have to speed up the struggle to establish Islamic Khilafat.
This is good solution for us.
Independence of judiciary:
The notion of judicial independence and impartiality has always been an integral part of Islamic
law. Regarding the administration of justice,
The Quran declares: Surely, We have revealed the Book to you with truth so that you may judge
between people by means of what Allah has taught you. And is not one pleading the cause of the
dishonest. (4:105)
It is agreed that the occasion of the revelation of the abovementioned verse was a dispute between a Jew
and a Muslim. The Muslim, supported by his tribe, had falsely accused the Jew of theft. Based on the
evidence the Prophet (PBUH) decided against the Muslim.
At a time when help was sorely needed for the defense of Islam, such a verdict meant the loss of that
tribe. But such considerations did not carry any weight with the Prophet (PBUH) and he cleared the Jew
of the charge. Thus, the verse lays down that dishonesty must be punished, and the balance of justice
must be held equal between friends and foes and between Muslims and non-Muslims. Muslim judges are
required to be upright and not to be swayed by ties of relationship or by considerations of fear or favor.
The Quran says: O you who believe, be maintainers of justice, bearers of testimony for Allah, even
though it be against your own selves or (your) parents or near relatives whether one be rich or
poor (4:135)
And not let hatred of a people keep you from acting equitably
(5:8) So judge between men justly and follow not desire. (38:26)
The Prophet (PBUH) was known for his fair and impartial administration of justice. He strictly implemented
the Quranic instructions regarding equality before the law, and never made any distinction between
litigants on the basis of faith or relations. Besides Muslims, non-Muslims would also come to him for the
settlement of their disputes and he would adjudicate in accordance with their laws.
The successors of the Prophet (PBUH) also ensured the implementation of judicial independence and
impartiality. Caliph Hazrat Umar (R.A) once went to a judge for the settlement of a dispute. The judge, on
seeing the caliph, rose in his seat as a sign of respect. Hazrat Umar (R.A) considering this act as an
unforgivable weakness, immediately dismissed him from office .
Another example:
that shows how just and impartial the Islamic judiciary must be is when Caliph Hazrat Ali (R.A) went to
court regarding a piece of armour in the possession of a Jew. As the evidence submitted by Hazrat Ali
(R.A) was apparently insufficient, the judge gave his verdict in favour of the Jew. The Jew was so
impressed by the fairness of the Islamic justice system that he immediately returned the armour to Hazrat
Ali and embraced Islam.
The following portion of a letter, written by Hazrat Ali (R.A) to one of his governors
eloquently explains the status and role of the judiciary in Islam:
Select as your chief judge one from the people who by far is the best among them.
One who does not err too often; one who does not turn back from the right path once he finds it,
one who is not self-centered or avaricious.
One who will not decide before knowing the full facts, one who will weigh with care every
attendant doubt and pronounce a clear verdict after taking everything into full consideration.
One who will not grow restive over the arguments of advocates, one who will examine with
patience every new disclosure of facts.
One who will be strictly impartial in his decision; one whom flattery cannot mislead, one who
does not exult over his position.
But it is not easy to find such men. Once you have selected the right man for the office, pay him
handsomely enough to let him live in comfort and in keeping with his position, enough to keep him above
temptations. Give him a position in your court so high that none can even dream of coveting it, and so
high that neither backbiting nor intrigue can touch him.
Thus, we see that Islam provides for an independent and impartial judiciary. As law in Islam stands at the
apex of social organization, those who administer the law must likewise be elevated and kept
independent of executive control. Also, it is the duty of the judges to stand firm for justice, though doing so
may become detrimental to their own interests.
Unfortunately, judicial systems in many present-day Muslim countries rarely show the independence and
impartiality required by Islamic law. This is not due to some inherent fault in the teachings of the Quran
Pak and Sunnah. A dishonest government never prefers an efficient judiciary and, therefore, competent
persons are never appointed to judicial posts.
And when a competent person somehow does get appointed, his actions are neither supported nor
encouraged. Of course, an upright and capable regime has nothing to fear and does not need to resort to
such tactics
Article 2 A of the Constitution bars the legislature from making any law repugnant to Islam as the
sovereignty of the entire world, including Pakistan, belongs to Allah. This implies that the government,
which fails to prove protection to minorities, is disobeying Allahs orders. Furthermore, no government can
ever commit any alteration in the Constitution with the intention of reducing minority rights since such
rights are ensured to them by Islam.
The history of Islam is replete with such examples.
Once, a Muslim, who was accused of killing a non-Muslim, was presented in the court of Hazrat Ali (RA).
The evidence supported the accusation. When Hazrat Ali (RA) ordered the Muslim to be killed by way of
qisas, the relatives of the murderer made the brother of the killed forgive by paying him the compensation
money. When the Caliph came to know of it, he asked, perhaps these people may have coerced you into
saying so. To this, he replied in the negative, saying that the killing would not bring his brother back. Since
they were paying him blood money, it would help the family financially to some extent. The Caliph agreed
to the deal but added that the principle underlying the functioning of his government was "the blood of
those of our non-Muslim subjects is equal to our blood and his blood money is like our blood money."
(Abu Yusuf, Kitab-ul-Khiraj, p. 187)
Islam ordains people to worship Allah Almighty but it does not coerce followers of other religions to accept
Islam and change their creed. Invitation to truth and use of coercion are mutually exclusive realities.
The Holy Quran has communicated the Islamic message of truth in these words: "(O Glorious
Messenger!) Invite towards the path of your Lord with strategic wisdom and refined exhortation
and (also) argue with them in a most decent manner. Surely your Lord knows him well who
strayed away from His path and He also knows well the rightly guided." (16:125)
The minorities cannot be compelled to render defense services. Rather, it is the responsibility of the
Islamic state to defend them. Since the Islamic state is responsible for the protection of lives, honor and
property of the minorities and they do not have any other obligation with regard to defense, they are liable
to contribute financially to the Islamic state in the form of a tax called Jizya. Even then, Islam has taught
about justice and good manners when it comes to the imposition of Jizya on the minorities.
Meaning:
Amr bi 'l-ma'rf means to bid the good or to promote the good,
Whereas nahi 'ani 'l-munkar means to forbid the evil or to prevent the evil.
Allah says:
"There should be among you (O believers), a group (of the learned and sincere persons) who
should call (the people) towards goodness, bid (them) to the good and forbid (them) from the evil-they are the successful people." (3:104)
Allah says:
"The believing men and the believing women are helpers of each other: they bid the good, forbid
the evil, establish the prayer, pay the alms and they obey Allah and His Messenger, these are the
people on whom Allah will be merciful. Indeed Allah is Powerful and Wise. (9:71)
In the latter verse, while counting the positive qualities of the believers, Allah has placed amr bi 'l-ma'rf
and nahi 'ani 'l-munkar before the Namaz and the zakat. Because it is with amr and nahi that Namaz or
salat, zakat and other good deeds will be promoted and practiced in the Muslim community.
1.
You must be familiar with the Islamic view on that issue in order to properly define good and evil
before encouraging others to do good or forbid them from evil.
2. In each given case, you must weigh the possibility of the influence of your advice. If you are sure
or there seems to be a great probability that your words will have no effect on the other person,
then it is not necessary to do amr or nahi.
3.
You must also evaluate the state of the person whom you want to advice. Is he insisting or
repeating the evil deeds or was it just a onetime slip on his part? If you discern or come to know
that he is not going to repeat the sin, then you do not have to do amr or nahi.
4.
You must also evaluate the overall situation to make sure that your action of amr or nahi would
not lead to a worse situation than what exists at present.
Even when you have decided that you should do amr or nahi, you will have to look at the different level of
doing amr bil-ma ruf and nahi ani -l-munkar. In all, there are three levels of amr and nahi:
1. By indirect action, By indirectly expressing your dislike of the other person's wrongful behavior.
For example, by not greeting him or greeting him without the previous warmth, or by ignoring
him: with the hope that this might lead the person to think about change in your attitude towards
him, and hopefully guide him to the right direction.
2. Verbally: If the first method does not work, then talk to the person. Whether you should talk
politely and friendly, or harshly depends on the situation.
3.
by direct action: This is only applicable to those who have authority over others: parents,
teachers and Islamic government. If preventing the evil depends on physical action, then it must
be thought out very carefully.
grand-norm is enshrined in our own doctrine that the legal sovereignty over the entire universe belongs to
the Almighty Allah alone, and the authority exercisable by the people within the limits prescribed by Him is
a sacred trust.
Yaqoob Ali J (as he then was), another member of the bench which decided Asma Jillanis case in
his separate opinion observed, Pakistan is an Islamic Republic. Its ideology is enshrined in the Objective
Resolution of March 1949, which inter alia declares wherein the Muslims shall be enable to order their
lives in the individual and collectives spheres in accordance with the teachings and requirements of Islam
as set out in the Holy Quran and Sunnah.
Article 2 of the Constitution of 1973 declares Islam as the State Religion of Pakistan. In a later
development the Objective Resolution was incorporated in the Constitution of 1973 as its substantive part
as Article 2-A.