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{{Short description|Policies for revising Pakistan's political system along Islamic lines}}
[[Image:General Zia announcing that Islamic laws would be enforced in the country.jpg|frame|right|thumb|General Zia announcing that Islamic laws would be enforced in the country]]
{{Islamism sidebar}}
On [[December 2]], [[1978]], on the occasion of the first day of the Hijra calendar to enforce the [[Islamic]] system in Pakistan in a nationwide address, [[Muhammad Zia-ul-Haq|General Muhammad Zia-ul-Haq]] accused politicians of exploiting the name of Islam saying:
{{Use dmy dates|date=February 2020}}
''many a ruler did what they pleased in the name of Islam.''
{{Use Pakistani English|date=December 2018}}
'''Islamization''' ({{langx|ur| اسلامی حکمرانی}}) or '''Shariazation''', has a long history in Pakistan since the 1950s, but it became the primary policy,<ref name="Haqqani-148">{{cite book|last=Haqqani|first=Husain|title=Pakistan:Between Mosque and Military; §From Islamic Republic to Islamic State|year=2005|publisher=Carnegie Endowment for International Peace (July 2005)|location=United States|isbn=978-0-87003-214-1|page=148|url=https://books.google.com/books?id=nYppZ_dEjdIC&q=Pakistan:Between+Mosque+and+Military}}</ref> or "centerpiece"<ref name=jones-16-centre>{{cite book|last1=Jones|first1=Owen Bennett|title=Pakistan : eye of the storm|date=2002|publisher=Yale University Press|location=New Haven and London|pages=16–7|url=https://books.google.com/books?id=t8iYEgPYG_EC&q=%22eye+of+the+storm%22+islam+centrepiece&pg=PA16|quote=... Zia made Islam the centrepiece of his administration.|isbn=978-0300101478}}</ref> of the government of [[Muhammad Zia-ul-Haq|General Muhammad Zia-ul-Haq]], the ruler of [[Pakistan]] from 1977 until his death in 1988.{{citation needed|date=November 2024}}


Zia is often identified as "the person most responsible for turning Pakistan into a global center for [[political Islam]]."<ref name=hazzani-131>{{cite book |title=Pakistan: between mosque and military |last=Ḥaqqānī |first=Husain |year=2005 |publisher=Carnegie Endowment for International Peace |location=Washington |isbn=978-0-87003-214-1 |page=131 |access-date=23 May 2010|url=https://books.google.com/books?id=nYppZ_dEjdIC&q=zia+ul-haq+most+noted&pg=PA132|quote=Zia ul-Haq is often identified as the person most responsible for turning Pakistan into a global center for political Islam. Undoubtedly, Zia went farthest in defining Pakistan as an Islamic state, and he nurtured the jihadist ideology ...}}</ref> Zia-ul-Haq committed himself to enforcing his interpretation of ''Nizam-e-Mustafa'' ("Rule of the prophet" [[Muhammad]]),<ref name=Kepel-100>{{cite book|last1=Kepel|first1=Gilles|title=Jihad: The Trail of Political Islam|date=2002|publisher=I.B.Tauris|pages=100–101|edition=2006|url=https://books.google.com/books?id=OLvTNk75hUoC&q=Nizam-e-Mustafa+sharia&pg=PA100|access-date=5 December 2014|isbn=9781845112578}}</ref> establishing separate Shariat judicial courts<ref>{{cite book|url=https://books.google.com/books?id=WG-pAgAAQBAJ&q=1973+constitution+pakistan+islam&pg=PA196|title=Islam, Law and Identity|last1=Diamantides|first1=Marinos|last2=Gearey|first2=Adam|publisher=Routledge|year=2011|isbn=9781136675652|pages=198}}</ref> and court benches<ref name=HRWdouble-19>{{cite book|title=Double Jeopardy: Police Abuse of Women in Pakistan|date=1992|publisher=Human Rights Watch|page=19|url=https://books.google.com/books?id=mIUwZ4aVM8AC&q=%22International+Commission+of+Jurists%22+pakistan+Zia-ul-Haq&pg=PA17|access-date=3 December 2014|isbn=9781564320636}}</ref><ref name="United Book Press" /> to judge legal cases using Islamic doctrine.<ref name=wynbr-2009>{{cite book|last1=Wynbrandt|first1=James|title=A Brief History of Pakistan|date=2009|publisher=Facts on File|isbn=9780816061846|pages=216–7|url=https://books.google.com/books?id=xQGwgJnCPZgC&q=%22a+brief+history+of+pakistan%22+zia+bolster+ulama&pg=PA216}}</ref>
After assuming power the task that the government set to was its public commitment to enforce ''Nizam-e-Islam'' ([[Islamic]] System) a 180 degree turn from Pakistan's predominantly Anglo-Saxon Law. As a preliminary measure to establish an [[Islamic]] society in Pakistan, General Zia announced the establishment of '''[[Shariah]] Benches'''. Speaking about the jurisdiction of the Shariah Benches he said,
New criminal offenses (of adultery, fornication, and types of blasphemy), and new punishments (of whipping, amputation, and stoning to death), were added to Pakistani law. [[Riba|Interest]] payments for bank accounts were replaced by "profit and loss" payments. ''[[Zakat]]'' charitable donations became a 2.5% annual tax. School textbooks and libraries were overhauled to remove un-Islamic material.<ref name=jones-16-7 />
Offices, schools, and factories were required to provide praying space.<ref name=Paracha-2009 />
Zia bolstered the influence of the ''[[ulama]]'' (Islamic clergy) and the Islamic parties,<ref name=wynbr-2009/> and conservative scholars were often on television.<ref name=Paracha-2009 /> Tens of thousands of activists from the [[Jamaat-e-Islami Pakistan|Jamaat-e-Islami]] party were appointed to government posts to ensure the continuation of his agenda after his death.<ref name=Kepel-100 /><ref name=wynbr-2009 /><ref name=jones-16>{{cite book|last1=Jones|first1=Owen Bennett|title=Pakistan : eye of the storm|date=2002|publisher=Yale University Press|location=New Haven and London|pages=16–7|url=https://books.google.com/books?id=t8iYEgPYG_EC&q=Tens+of+thousands+of+Jamaat+activists+and+sympathisers&pg=PA17|quote=... Zia rewarded the only political party to offer him consistent support, Jamaat-e-Islami. Tens of thousands of Jamaat activists and sympathisers were given jobs in the judiciary, the civil service and other state institutions. These appointments meant Zia's Islamic agenda lived on long after he died.|isbn=978-0300101478}}</ref><ref name=nasr-95>{{cite book|last1=Nasr|first1=Vali|editor2-last=Lee|editor2-first=Wilson|editor1-last=Hathaway|editor1-first=Robert|title=ISLAMIZATION AND THE PAKISTANI ECONOMY|date=2004|publisher=Woodrow Wilson International Center or Scholars|page=95|chapter-url=http://www.chicagobooth.edu/~/media/E49831A1165C49EBA902C83648F0CE36.pdf|access-date=30 January 2015|chapter=Islamization, the State and Development|quote=General Zia became the patron of Islamization in Pakistan and for the first time in the country’s history, opened the bureaucracy, the military, and various state institutions to Islamic parties}}</ref> Conservative ''ulama'' were added to the [[Council of Islamic Ideology]].<ref name=HRWdouble-19 />
The effect on Pakistan's national cohesion of state-sponsored Islamization were mixed. In 1984 a [[1984 Pakistani Islamisation programme referendum|referendum]] gave Zia and the [[Islamization]] program 97.7% approval in official results. However, there have been protests against the laws and their enforcement during and after Zia's reign. [[Shia]]-[[Sunni]] religious riots broke out over differences in Islamic jurisprudence (''[[fiqh]]'') – in particular, over how ''Zakat'' donations would be distributed.<ref name=talbot-271>{{cite book|last1=Talbot|first1=Ian|title=Pakistan, a Modern History|url=https://archive.org/details/pakistanmodernhi00talb|url-access=registration|date=1998|publisher=St.Martin's Press|location=NY|page=[https://archive.org/details/pakistanmodernhi00talb/page/271 271]|isbn=9780312216061 }}</ref><ref name="Religion and Violence7">{{cite book|last1=Talbot|first1=Ian|editor1-last=Hinnells, Richard King|editor1-first=John|title=Religion and Violence in South Asia: Theory and Practice|publisher=Routledge.|chapter-url=https://books.google.com/books?id=fpt-AgAAQBAJ&q=shia+sunni+zakat+ordinance&pg=PT263|access-date=3 December 2014|chapter=7 Religion and Violence|date=24 January 2007|isbn=9781134192182}}</ref>
There were also differences among Sunni Muslims.<ref name=talbot-251-islamization>{{cite book|last1=Talbot|first1=Ian|title=Pakistan, a Modern History|url=https://archive.org/details/pakistanmodernhi00talb|url-access=registration|date=1998|publisher=St.Martin's Press|location=NY|page=[https://archive.org/details/pakistanmodernhi00talb/page/251 251]|isbn=9780312216061 |quote=The state sponsored process of Islamisation dramatically increased sectarian divisions not only between [[Sunni]]s and [[Shia]] over the issue of the 1979 ''Zakat'' Ordinance, but also between [[Deobandi]]s and [[Barelvi]]s.}}</ref> Women's and human rights groups opposed incarceration of rape victims under ''[[Hudood Ordinances|hadd]]'' punishments, new laws that valued women's testimony (Law of Evidence) and blood money compensation (''[[diyat]]'') at half that of a man. Religious minorities and human rights groups opposed the "vaguely worded" [[Blasphemy law in Pakistan|Blasphemy Law]] and the "malicious abuse and arbitrary enforcement" of it.<ref name="talbot-281-halfwomen" />

Possible motivations for the Islamisation programme included Zia's personal piety (most accounts agree that he came from a religious family),<ref>{{Cite book|url=https://books.google.com/books?id=nYppZ_dEjdIC&q=zia+ul+haq&pg=PA132|title=Pakistan: Between Mosque and Military|last=Haqqani|first=Husain|publisher=Carnegie Endowment|year=2010|isbn=9780870032851|pages=132}}</ref> desire to gain political allies, to "fulfill Pakistan's ''raison d'etre''" as a Muslim state, and/or the political need to legitimise what was seen by some Pakistanis as his "repressive, un-representative martial law regime".<ref name=talbot-286 /> Under the rule of [[Pervez Musharraf]], the [[Muttahida Majlis-i-Amal]] (MMA), a coalition of Islamist political parties in Pakistan, called for the increased Islamization of the government and society, specifically taking an anti-Hindu stance. The MMA led the opposition in the national assembly, held a majority in the NWFP Provincial Assembly, and was part of the ruling coalition in Balochistan. However, some members of the MMA made efforts to eliminate their rhetoric against Hindus.<ref name="USdept2006">[https://2001-2009.state.gov/g/drl/rls/irf/2006/71443.htm International Religious Freedom Report 2006] Published by the US Department of State</ref>

==Background and history==
[[File:General zia and reagan.PNG|thumb|right|250px|President [[Ronald Reagan]] and President [[Muhammad Zia-ul-Haq]], 1982.]]
Pakistan was founded on the basis of securing a sovereign homeland for the Muslims of the subcontinent to live in self-determination.<ref>John L. Esposito ''The Islamic Threat: Myth or Reality?'' page 64 Oxford University Press, 1999 {{ISBN|0199727201}}, 9780199727209</ref>

The idea of Pakistan had received overwhelming popular support among British Indian Muslims, especially those in the [[Presidencies and provinces of British India]] where Muslims were in a minority such as [[United Provinces (1937–50)|U.P]].<ref>{{Cite book|url=https://books.google.com/books?id=PrqLBgAAQBAJ&q=idea+of+pakistan+received+overwhelmingly+popular+support+among+indian+muslims&pg=PA496|title=Creating a New Medina: State Power, Islam, and the Quest for Pakistan in Late Colonial North India|last=Dhulipala|first=Venkat|publisher=Cambridge University Press|year=2015|isbn=9781316258385|pages=496|quote=The idea of Pakistan may have had its share of ambiguities, but its dismissal as a vague emotive symbol hardly illuminates the reasons as to why it received such overwhelmingly popular support among Indian Muslims, especially those in the 'minority provinces' of British India such as U.P.}}</ref> According to some sources, the [[All-India Muslim League|Muslim League]] leadership, [[ulama]] (Islamic clergy) and [[Muhammad Ali Jinnah]] had articulated their vision of Pakistan in terms of an [[Islamic state]].<ref>{{Cite book|url=https://books.google.com/books?id=PrqLBgAAQBAJ&q=articulated+their+vision+of+Pakistan+in+terms+of+an+islamic+state&pg=PA497|title=Creating a New Medina: State Power, Islam, and the Quest for Pakistan in Late Colonial North India|last=Dhulipala|first=Venkat|publisher=Cambridge University Press|year=2015|isbn=9781316258385|pages=497|quote=As the book has demonstrated, local ML functionaries, (U.P.) ML leadership, Muslim modernists at Aligarh, the ulama and even Jinnah at times articulated their vision of Pakistan in terms of an Islamic state.}}</ref> Jinnah had developed a close association with the ''ulama''.<ref name=":42">{{Cite book|url=https://books.google.com/books?id=PrqLBgAAQBAJ&q=pakistan+has+been+created+in+the+name+of+islam+for+a+new+medina&pg=PA489|title=Creating a New Medina: State Power, Islam, and the Quest for Pakistan in Late Colonial North India|last=Dhulipala|first=Venkat|publisher=Cambridge University Press|year=2015|isbn=9781316258385|pages=489|quote=But what is undeniable is the close association he developed with the ulama, for when he died a little over a year after Pakistan was born, Maulana Shabbir Ahmad Usmani, in his funeral oration, described Jinnah as the greatest Muslim after the Mughal Emperor Aurangzeb.}}</ref> When Jinnah died, Islamic scholar [[Shabbir Ahmad Usmani|Maulana Shabbir Ahmad Usmani]] described Jinnah as the greatest Muslim after the Mughal Emperor [[Aurangzeb]].<ref name=":42" /> Usmani asked Pakistanis to remember Jinnah's message of Unity, Faith and Discipline and work to fulfil his dream:<blockquote>to create a solid bloc of all Muslim states from Karachi to Ankara, from Pakistan to Morocco. He [Jinnah] wanted to see the Muslims of the world united under the banner of Islam as an effective check against the aggressive designs of their enemies.<ref name=":42" /></blockquote>

After the creation of [[Pakistan]] in 1947 during [[Bengali language movement|East Pakistani language movement]], many advocated to [[Muhammad Ali Jinnah]]<ref>{{cite news |title=Arabic as official language |url=https://www.arabnews.com/arabic-official-language |access-date=9 April 2024 |work=[[Arab News]] |date=1 February 2013 |language=en}}</ref> making [[Arabic]] the state language of Pakistan as a Muslim nationalist country, which was later supported and reiterated by many, but the proposal ultimately did not gain popular support and popularity.<ref name="ES">{{cite book |editor1-last=হোসেন |editor1-first=সেলিনা |editor2-last=বিশ্বাস |editor2-first=সুকুমার |editor3-last=চৌধুরী |editor3-first=শফিকুর রহমান |title=একুশের স্মারকগ্রন্থ' ৮৬ |date=21 February 1986 |publisher=Bangla Academy |location=Bangladesh |pages=52–73 |url=https://online.fliphtml5.com/lzrut/mjxv/#p=69 |access-date=27 November 2022 |language=bn}}</ref><ref>{{cite book |last1=Zein |first1=Subhan |last2=Coady |first2=Maria R. |title=Early Language Learning Policy in the 21st Century: An International Perspective |date=22 September 2021 |publisher=Springer Nature |isbn=978-3-030-76251-3 |page=136 |url=https://books.google.com/books?id=rmpEEAAAQBAJ&dq=arabic+state+language+pakistan&pg=PA136 |access-date=27 November 2022 |language=en}}</ref><ref>{{cite book |last1=Chaube |first1=Shibani Kinkar |title=The Idea of Nation and Its Future in India |date=26 October 2016 |publisher=Taylor & Francis |isbn=978-1-315-41432-4 |page=122 |url=https://books.google.com/books?id=6CElDwAAQBAJ&dq=arabic+state+language+pakistan&pg=PA122 |access-date=27 November 2022 |language=en}}</ref> These proposals to make Arabic the state language failed to gain substantial support in any part of Pakistan.<ref name=pb/> However, as this demand is linked to the question of the development of Islamic culture, it indirectly reinforced the demand for the introduction of [[Arabic script]] in the state language Urdu and Bengali ([[Dobhashi]]) in some quarters.<ref name=pb>{{cite book |last1=Umar |first1=Badruddin |title=পূর্ব বাংলার ভাষা আন্দোলন ও তৎকালীন রাজনীতি |date=1970 |publisher=Anandhara Publications |pages=282–284 |lang=bn |chapter=অষ্টম পরিচ্ছেদের চতুর্থ অনুচ্ছেদ}}</ref>


Contradicting this mythology are statements by Jinnah: "... in this state of Pakistan. You may belong to any religion or caste or creed — that has nothing to do with the business of the state ... ",<ref>{{cite web|url=https://www.dawn.com/news/1598134|title=Time to idealise Jinnah's Pakistan|website=dawn.com|author=Liaquat H. Merchant|date=27 December 2020 }}</ref><ref name="OR">{{cite web |title=Muhammad Ali Jinnah 1876–1948 Indian statesman and founder of Pakistan |url=https://www.oxfordreference.com/display/10.1093/acref/9780191826719.001.0001/q-oro-ed4-00018430;jsessionid=662C504CD2EAD8C467035CEE93154EBC |website=Oxford Reference |access-date=25 July 2023}}</ref> and by Moonis Ahmar, who writes, "in the formative phase of Pakistan, the notion of religious extremism was almost non-existent as the founder of the country, Quaid-e-Azam Mohammad Ali Jinnah, made it clear that the new state would not be theocratic in nature. However, after his demise on September 11, 1948, his successors failed to curb the forces of religious militancy ..."<ref name="Ahmar-2012">{{cite journal |last1=Ahmar |first1=Moonis |title=Pakistan Vision for a Secular Pakistan? Moonis Ahmar Pages 217-228 |journal=Strategic Analysis |date=12 Mar 2012 |volume=36 |issue=2 |page=abstract |doi=10.1080/09700161.2012.646517 |s2cid=154446948 |url=https://www.tandfonline.com/doi/abs/10.1080/09700161.2012.646517 |access-date=25 July 2023}}</ref> Rather than Islamization being the natural evolution of what Muslims intended Pakistan to be, secularists describe it as an reaction to events of the 1970s: the traumatic [[Bangladesh Liberation War|breakaway of Bangladesh]] in 1971, the growing power of [[Islamic_revival#Contemporary_revivalism|Islamic revivalism]] and Islamic political parties in Pakistan, leading to the declaring the [[Ahmadiyya Community]] to be non-Muslims,<ref>{{cite web|last=Government of Pakistan|first=(GoPAK)|title=Second Amendment|url=http://www.pakistani.org/pakistan/constitution/amendments/2amendment.html|work=Ministry of Law and Justice|publisher=The Electronic Government of Pakistan}}</ref> the banning alcohol, gambling and night clubs,<ref>{{cite book|url=https://books.google.com/books?id=9cCtsWb9hoYC&q=zia+ul+haq&pg=PA202|title=State and Secularism: Perspectives from Asia§General Zia-ul-Haq and Patronage of Islamism|last=Michael Heng Siam-Heng, Ten Chin Liew|publisher=World Scientific|year=2010|isbn=9789814282383|location=Singapore|page=360}}</ref> and the 1977 [[Operation Fair Play|overthrow]] of [[Zulfikar Ali Bhutto]] by a conservative pious Muslim, [[Muhammad Zia-ul-Haq|General Muhammad Zia-ul-Haq]], the ruler of [[Pakistan]] until his death in 1988.<ref>{{cite book |title=Pakistan: between mosque and military |last=Ḥaqqānī |first=Husain |year=2005 |publisher=Carnegie Endowment for International Peace |location=Washington |isbn=978-0-87003-214-1 |page=131 |access-date=23 May 2010|url=https://books.google.com/books?id=nYppZ_dEjdIC&q=zia+ul-haq+most+noted&pg=PA132|quote=Zia ul-Haq is often identified as the person most responsible for turning Pakistan into a global center for political Islam. Undoubtedly, Zia went farthest in defining Pakistan as an Islamic state, and he nurtured the jihadist ideology ...}}</ref>

The first formal step taken to transform Pakistan into an ideological Islamic state was in March 1949 when the country's first Prime Minister, [[Liaquat Ali Khan]], introduced the [[Objectives Resolution]] in the Constituent Assembly.<ref>{{Cite book|url=https://books.google.com/books?id=nYppZ_dEjdIC&q=islamistan+husain+haqqani&pg=PA18|title=Pakistan: Between Mosque and Military|last=Haqqani|first=Husain|publisher=Carnegie Endowment|year=2010|isbn=9780870032851|pages=16}}</ref> The Objectives Resolution declared that sovereignty over the entire universe belongs to [[Allah|God Almighty]].<ref name=":13">{{Cite book|url=http://www.oxfordislamicstudies.com/article/opr/t236/e0616|archive-url=https://web.archive.org/web/20081121052313/http://www.oxfordislamicstudies.com/article/opr/t236/e0616|url-status=dead|archive-date=21 November 2008|title=Pakistan|last=Hussain|first=Rizwan|work=The Oxford Encyclopedia of the Islamic World|quote=The first important result of the combined efforts of the Jamāʿat-i Islāmī and the ʿulamāʿ was the passage of the Objectives Resolution in March 1949, whose formulation reflected compromise between traditionalists and modernists. The resolution embodied "the main principles on which the constitution of Pakistan is to be based." It declared that "sovereignty over the entire universe belongs to God Almighty alone and the authority which He has delegated to the State of Pakistan through its people for being exercised within the limits prescribed by Him is a sacred trust," that "the principles of democracy, freedom, equality, tolerance and social justice, as enunciated by Islam shall be fully observed," and that "the Muslims shall be enabled to order their lives in the individual and collective spheres in accord with the teaching and requirements of Islam as set out in the Holy Qurʿan and Sunna." The Objectives Resolution has been reproduced as a preamble to the constitutions of 1956, 1962, and 1973.}}</ref> The president of the Muslim League, [[Chaudhry Khaliquzzaman]], announced that Pakistan would bring together all Muslim countries into Islamistan - a pan-Islamic entity.<ref name=":63">{{Cite book|url=https://books.google.com/books?id=nYppZ_dEjdIC&q=islamistan+husain+haqqani&pg=PA18|title=Pakistan: Between Mosque and Military|last=Haqqani|first=Husain|publisher=Carnegie Endowment|year=2010|isbn=9780870032851|pages=18}}</ref> Khaliquzzaman believed that Pakistan was only a Muslim state and was not yet an Islamic state, but that it could certainly become an Islamic state after bringing all believers of Islam into a single political unit.<ref>{{Cite book|url=https://books.google.com/books?id=PrqLBgAAQBAJ&q=pakistan+has+been+created+in+the+name+of+islam+for+a+new+medina&pg=PA489|title=Creating a New Medina: State Power, Islam, and the Quest for Pakistan in Late Colonial North India|last=Dhulipala|first=Venkat|publisher=Cambridge University Press|year=2015|isbn=9781316258385|pages=491}}</ref> Keith Callard, one of the earliest scholars on Pakistani politics, observed that Pakistanis believed in the essential unity of purpose and outlook in the Muslim world:<blockquote>Pakistan was founded to advance the cause of Muslims. Other Muslims might have been expected to be sympathetic, even enthusiastic. But this assumed that other Muslim states would take the same view of the relation between religion and nationality.<ref name=":63" /></blockquote>However, Pakistan's pan-Islamist sentiments were not shared by other Muslim governments at the time. Nationalism in other parts of the Muslim world was based on ethnicity, language and culture.<ref name=":63" /> Although Muslim governments were unsympathetic with Pakistan's pan-Islamic aspirations, Islamists from all over the world were drawn to Pakistan. Figures such as the Grand Mufti of Palestine, Al-Haj Amin al-Husseini, and leaders of Islamist political movements, such as the [[Muslim Brotherhood]], became frequent visitors to the country.<ref>{{Cite book|url=https://books.google.com/books?id=nYppZ_dEjdIC&q=islamistan+husain+haqqani&pg=PA18|title=Pakistan: Between Mosque and Military|last=Haqqani|first=Husain|publisher=Carnegie Endowment|year=2010|isbn=9780870032851|pages=19}}</ref> After [[Muhammad Zia-ul-Haq|General Zia-ul-Haq]] took power in a military coup, [[Hizb ut-Tahrir]] (an Islamist group calling for the establishment of a Caliphate) expanded its organisational network and activities in Pakistan. Its founder, [[Taqi al-Din al-Nabhani]], would maintain regular correspondence with [[Abul A'la Maududi|Abul A’la Maududi]], the founder of [[Jamaat-e-Islami]] (JI), and he also urged [[Israr Ahmed|Dr Israr Ahmed]] to continue his work in Pakistan for the establishment of a global caliphate.<ref>{{Cite news|url=http://herald.dawn.com/news/1153325|title=Global connections: The crackdown on Hizbut Tahrir intensifies|last=Khan|first=Sher Ali|date=12 February 2016|work=Herald}}</ref>

Social scientist Nasim Ahmad Jawed conducted a survey in 1969 in pre-divided Pakistan on the type of national identity that was used by educated professional people. He found that over 60% of people in [[East Pakistan]] (modern day [[Bangladesh]]) professed to have a [[Secularity|secular]] national identity. However, in [[West Pakistan]] (current day Pakistan) the same figure professed to have an Islamic and not a secular identity. Furthermore, the same figure in East Pakistan defined their identity in terms of their ethnicity and not Islam. But it was the opposite in West Pakistan where Islam was stated to be more important than ethnicity.<ref>{{Cite book|url=https://books.google.com/books?id=X2_FAgAAQBAJ&q=islam+and+identity+the+causes+of+the+bangladesh+war&pg=PT37|title=The Causes of the Bangladesh War|last=Cochrane|first=Iain|year=2009|publisher=Lulu.com |isbn=9781445240435|quote=The social scientist, Nasim Ahmad Jawed has conducted a survey of nationalism in pre-divided Pakistan and identifies the links between religion, politics and nationalism in both wings of Pakistan. His findings are fascinating and go some way to explain the differing attitudes of West and East Pakistan to the relationship between Islam and Pakistani nationalism and how this affected the views of people in both wings, especially the views of the peoples of both wings towards each other. In 1969, Jawed conducted a survey on the type of national identity that was used by educated professional people. He found that just over 60% in the East wing professed to have a secular national identity. However, in the West wing, the same figure professed an Islamic and not a secular identity. Furthermore, the same figure in the East wing described their identity in terms of their ethnicity and not in terms of Islam. He found that the opposite was the case in the West wing where Islam was stated to be more important than ethnicity.}}</ref>

After Pakistan's first ever general elections the [[1973 constitution of pakistan|1973 Constitution]] was created by an elected Parliament.<ref>{{Cite book|url=https://books.google.com/books?id=WG-pAgAAQBAJ&q=1973+constitution+pakistan+islam&pg=PA196|title=Islam, Law and Identity|last1=Diamantides|first1=Marinos|last2=Gearey|first2=Adam|publisher=Routledge|year=2011|isbn=9781136675652|pages=196}}</ref> The [[Constitution of Pakistan|Constitution]] declared Pakistan an Islamic Republic and [[Islam]] as the state religion. It also stated that all laws would have to be brought into accordance with the injunctions of Islam as laid down in the [[Quran]] and [[Sunnah]] and that no law repugnant to such injunctions could be enacted.<ref name=":8">{{Cite book|url=https://books.google.com/books?id=1Wh8AgAAQBAJ&q=1973+constitution+pakistan+islam&pg=PA189|title=The Right to Development in International Law: The Case of Pakistan|last=Iqbal|first=Khurshid|publisher=Routledge|year=2009|isbn=9781134019991|pages=189}}</ref> The 1973 Constitution also created certain institutions such as the [[Federal Shariat Court]] and the [[Council of Islamic Ideology]] to channel the interpretation and application of Islam.<ref name=":9">{{Cite book|url=https://books.google.com/books?id=WG-pAgAAQBAJ&q=1973+constitution+pakistan+islam&pg=PA196|title=Islam, Law and Identity|last1=Diamantides|first1=Marinos|last2=Gearey|first2=Adam|publisher=Routledge|year=2011|isbn=9781136675652|pages=198}}</ref>

On 5 July 1977, General Zia-ul-Haq led a [[coup d'état]].<ref>{{Cite book|url=https://books.google.com/books?id=PJBpAgAAQBAJ&q=1973+constitution+pakistan+islam&pg=PA196|title=Constitutionalism in Islamic Countries: Between Upheaval and Continuity|last=Grote|first=Rainer|publisher=Oxford University Press|year=2012|isbn=9780199910168|pages=196}}</ref> In the year or two before Zia-ul-Haq's coup, his predecessor, leftist Prime Minister [[Zulfikar Ali Bhutto]], had faced vigorous opposition which was united under the revivalist banner of ''Nizam-e-Mustafa''<ref name="nasr-45">{{cite book|title=Mawdudi and the Making of Islamic Revivalism|url=https://archive.org/details/mawdudimakingisl00nasr|url-access=limited|date=1996|publisher=Oxford University Press|isbn=978-0195096958|location=New York, Oxford|pages=[https://archive.org/details/mawdudimakingisl00nasr/page/n55 45]–6|last1=Nasr|first1=Seyyed Vali Reza Nasr}}</ref> ("Rule of the prophet"). According to supporters of the movement, establishing an Islamic state based on ''sharia'' law would mean a return to the justice and success of the early days of Islam when the Islamic prophet Muhammad ruled the Muslims.<ref name="Kepel-10022">{{cite book|url=https://books.google.com/books?id=OLvTNk75hUoC&q=Nizam-e-Mustafa+sharia&pg=PA100|title=Jihad: The Trail of Political Islam|date=2002|publisher=I.B.Tauris|edition=2006|pages=100–101|last1=Kepel|first1=Gilles|access-date=5 December 2014|isbn=9781845112578}}</ref> In an effort to stem the tide of street Islamisation, Bhutto had also called for it and banned the drinking and selling of wine by Muslims, nightclubs and horse racing.<ref name="Kepel-10022" /><ref name="World Scientific22">{{cite book|url=https://books.google.com/books?id=9cCtsWb9hoYC&q=zia+ul+haq&pg=PA202|title=State and Secularism: Perspectives from Asia§General Zia-ul-Haq and Patronage of Islamism|last=Michael Heng Siam-Heng, Ten Chin Liew|publisher=World Scientific|year=2010|isbn=9789814282383|location=Singapore|page=360}}</ref>

On coming to power, Zia went much further than Bhutto, committing himself to enforcing ''Nizam-e-Mustafa'',<ref name=Kepel-100/> i.e. ''sharia'' law. Most accounts confirm that Zia came from a religious family and religion played an important part in molding his personality. His father worked as a civilian official in army headquarters and was known as <nowiki>''</nowiki>Maulvi<nowiki>''</nowiki> Akbar Ali due to his religious devotion. Zia joined the army before partition and occasionally offended his British superiors with his refusal to give up religious and cultural traditions. Zia attributed his personal resistance to the lifestyle of the British Indian cavalry to his faith in <nowiki>''</nowiki>God and his teachings.<nowiki>''</nowiki><ref name="United Book Press2">{{cite book|url=https://books.google.com/books?id=nYppZ_dEjdIC&q=zia+ul+haq&pg=PA132|title=Pakistan: between mosque and military|last=Haqqani|first=Husain|publisher=Carnegie Endowment|year=2010|isbn=9780870032851|pages=132}}</ref>

In his first televised speech to the country as head of state he declared that
<blockquote>Pakistan which was created in the name of Islam will continue to survive only if it sticks to Islam. That is why I consider the introduction of [an] Islamic system as an essential prerequisite for the country.<ref name=talbot-251>{{cite book|last1=Talbot|first1=Ian|title=Pakistan, a Modern History|url=https://archive.org/details/pakistanmodernhi00talb|url-access=registration|date=1998|publisher=St.Martin's Press|location=NY|page=[https://archive.org/details/pakistanmodernhi00talb/page/251 251]|isbn=9780312216061 }}</ref></blockquote>
While in the past, "many a ruler did what they pleased in the name of Islam," he would not.<ref name="United Book Press" /><ref>speech given On 2 December 1978, on the occasion of the first day of the [[Hijri year|Hijra]]</ref>

Unlike in Iran, Islamisation in Pakistan was politically conservative, working against, not with [[Left-wing politics|leftist]] forces and ideas. Zia had little sympathy with Bhutto or his [[populist]], [[socialist]] philosophy—captured in the slogan, "[[roti Kapda Aur Makaan|''Food, clothing, and shelter''"]].<ref name="Haqqani-92">{{cite book|last=Haqqani|first=Husain|title=Pakistan:Between Mosque and Military; §From Islamic Republic to Islamic State|year=2005|publisher=Carnegie Endowment for International Peace (July 2005)|location=United States|isbn=978-0-87003-214-1|page=92|url=https://books.google.com/books?id=nYppZ_dEjdIC&q=Pakistan:Between+Mosque+and+Military}}</ref>
General Zia explained in an interview:

{{blockquote|The basis of Pakistan was Islam. ... Muslims of the subcontinent are a separate culture. It was on the [[Two-Nation Theory]] that this part was carved out of the Subcontinent as Pakistan.... Mr. Bhutto's way of flourishing in [[Pakistani society|this Society]] was by eroding its moral fiber. ... by pitching students against teachers, children against their parents, landlord against tenants, workers against mill owners. [Pakistan has economic difficulties] because Pakistanis have been made to believe that one can earn without working. ... We are going back to Islam not by choice but by the force of circumstances. It is not I or my government that is imposing Islam. It was what 99 percent of people wanted; the street violence against Bhutto reflected the people's desire ... <ref>from interview in 1979 given to British journalist Ian Stephens {{cite book|last=Haqqani|first=Husain|title=Pakistan:Between Mosque and Military; §From Islamic Republic to Islamic State|year=2005|publisher=Carnegie Endowment for International Peace (July 2005)|location=United States|isbn=978-0-87003-214-1|page=136|url=https://books.google.com/books?id=nYppZ_dEjdIC&q=Pakistan:Between+Mosque+and+Military}}</ref>}}

While Zia initiated the Islamisation programme, he came under attack from conservative Sunni forces who considered his process too slow. He distanced himself from some of the ulama in 1980,<ref name=talbot-286-ulama>{{cite book|last1=Talbot|first1=Ian|title=Pakistan, a Modern History|url=https://archive.org/details/pakistanmodernhi00talb|url-access=registration|date=1998|publisher=St.Martin's Press|location=NY|page=[https://archive.org/details/pakistanmodernhi00talb/page/286 286]|isbn=9780312216061 |quote=Zia increasingly realised that a return to the medieval prescriptions of some of the 'ulama could not serve the needs of a modern state. After 1980 he distanced himself from them, although not with respect to the persecution of the Ahmadis.}}</ref>
and in 1983 religious opponents spread the rumour that Zia was an [[Ahmadi]]. Zia was "forced to deny this allegation publicly and denounce the Ahmadis as ''kafirs'' (infidels)".<ref name=talbot-282-rumour>{{cite book|last1=Talbot|first1=Ian|title=Pakistan, a Modern History|url=https://archive.org/details/pakistanmodernhi00talb|url-access=registration|date=1998|publisher=St.Martin's Press|location=NY|page=[https://archive.org/details/pakistanmodernhi00talb/page/282 282]|isbn=9780312216061 |quote=The most vulnerable of the minority communities, the Ahmadis, suffered most from the amendment of the Pakistan Penal Code. ... in 1983, when religious opponents to the slowness of the Islamisation process spread the rumour that Zia was an Ahmadi. The President was forced to deny this allegation publicly and denounce the Ahmadis as ''kafirs'' (infidels).}}</ref>

In 1984 a [[1984 Pakistani Islamisation programme referendum|referendum]] was held on Zia, the [[Islamization]] program, and giving him a five-year presidential term. Official results reported 97.7 in favor and voter participation of 60%. Independent observers questioned whether 30% of eligible voters had voted.<ref name=richter>{{cite journal|last1=Richter|first1=William L.|title=Pakistan in 1984: Digging In|journal=Asian Survey|date=February 1985|volume=25|issue=2|page=147|jstor=2644298|doi=10.2307/2644298}}</ref>


Opposition to state-sponsored Islamisation or aspects of it came from several quarters. Religious riots broke out in 1983 and 1984.<ref name=talbot-251-islamization /> Sectarian divisions between [[Sunni]]s and [[Shia]] worsened over the issue of the 1979 ''[[Zakat]]'' ordinance, but differences in ''[[fiqh]]'' jurisprudence also arose in marriage and divorce, inheritance and wills and imposition of hadd punishments.<ref name=talbot-271/><ref name="Religion and Violence7"/>
:''Every citizen will have the right to present any law enforced by the government before the "Shariah Bench" and obtain its verdict whether the law is wholly or partly Islamic or un-Islamic.''


Among Sunni Muslims, there were disputes between [[Deobandi]]s and [[Barelvi]]s.<ref name=talbot-251-islamization/> Zia favored Deobandi doctrine. So the Sufi [[Pir (Sufism)|pir]]s of [[Sindh]] (who were Barelvi) joined the anti-Zia [[Movement for the Restoration of Democracy]].<ref name=talbot-251-islamization />
But General Zia did not mention that the Shariah Benches jurisdiction was curtailed by the following overriding clause: " (Any) law does not include the constitution, Muslim personal law, any law relating to the procedure of any court or tribunal or, until the expiration of three years, any fiscal law, or any law relating to the collection of taxes and fees or insurance practice and procedure." It meant that all important laws which affect each and every individual directly remained outside the purview of the Shariah Benches. However, he did not have a smooth sailing even with the clipped Shariah Benches. The Federal Shariah Bench declared rajm and lapidation to be un-Islamic, Ziaul Haq reconstituted that court which declared rajm as Islamic.


From its inception, Pakistani leaders have leveraged religious sentiments as a means to fortify the nation's identity. This approach resulted in the promotion of Islamization, which fostered an educational system churning out millions of religious students annually. Unfortunately, this policy has often been associated with sympathies toward extremism, violence, and the encouragement of religious and communal divides.<ref>{{Cite web |last=admin |date=2003-06-01 |title=Islamization Under General Zia-ul-Haq {{!}} Islamization and Implementation of Islamic Laws in Pakistan |url=https://storyofpakistan.com/islamization-under-general-zia-ul-haq/ |access-date=2023-09-23 |website=Story Of Pakistan |language=en-US}}</ref>


==Hudood Ordinance==
==Hudood Ordinance==
{{Main|Hudood Ordinance}}
One of the first and most controversial Islamisation measures was the replacement of parts of the Pakistan Penal Code (PPC) with the 1979 "[[Hudood Ordinance]]."<ref>[https://books.google.com/books?id=DRMTO7mn7hIC&q=Muhammad_Zia-ul-Haq_military&pg=PR17 Pakistan: A Country Study] edited by Peter R. Blood</ref> (Hudood meaning limits or restrictions, as in limits of acceptable behavior in Islamic law.) The Ordinance added new criminal offenses of [[adultery]] and [[fornication]] to Pakistani law,<ref>According to Charles Kennedy, none of the crimes was new to Pakistani law, (''Islamisation of Laws and Economy'', p.42)</ref> and new punishments of [[Flagellation#Islam|whipping]], [[Amputation#Legal punishment|amputation]], and [[Rajm|stoning to death]].<ref>{{cite journal|last1=Lau|first1=Martin|title=Twenty-Five Years of Hudood Ordinances- A Review|journal=Washington and Lee Law Review|date=1 September 2007|volume=64|issue=4|pages=1292, 1296 |url=http://scholarlycommons.law.wlu.edu/cgi/viewcontent.cgi?article=1207&context=wlulr |access-date=18 November 2014|ref=ML252007}}</ref>


For theft or robbery, the PPC punishments of imprisonment or fine, or both, were replaced by amputation of the right hand of the offender for theft, and amputation of the right hand and left foot for robbery.<ref name="World Scientific" />
Under Offenses Against Property (Enforcement of Hudood Ordinance 1979), the punishment of imprisonment or fine, or both, as provided in the existing ''Pakistan Penal Code'' for theft, was substituted by the amputation of the right hand of the offender from the joint of the wrist by a surgeon. For robbery, the right hand of the offender from the wrist and his left foot from the ankle should be amputated by a surgeon. '''Hudood''' ( Arabic <span style="font-size:large">حدود</span>, also transliterated '''Hadud''', '''Hudud'''; plural for ''Hadh'', <span style="font-size:large">حد</span>, limit, or restriction) is the word often used in Islamic social and legal literature for the bounds of acceptable behaviour.
For ''[[Zina (Arabic)|Zina]]'' (extramarital sex) the provisions relating to adultery were replaced by the Ordinance with punishments of flogged 100 lashes for those unmarried offenders and stoning to death for married offenders.<ref name="World Scientific" />


All these ''Hudood'' punishments were the maximum punishments, dependent on ''Hudd'' proof—four Muslim men of good repute testifying as witness to the crime—being met. In practice, as of 2014, the Hudd requirement has not yet been met and no offender has been stoned or had limbs amputated by the Pakistani judicial system. The less strict ''tazir'' standards—where the punishment was some combination of imprisonment, fines and/or flogging<ref name="CKILE1996: 42">[[#CKILE1996|Kennedy, ''Islamization of Laws and Economy'', 1996]]{{Broken anchor|date=2024-07-26|bot=User:Cewbot/log/20201008/configuration|target_link=#CKILE1996|reason= }}: p.42</ref>—was applied and many offenders have been publicly flogged.
In legal terms ([[Islamic law]] being usually referred to as ''Sharia'', <span style="font-size:large">شريعة</span>) the term is used to describe laws that define a level of crime classification. Crimes classified under ''Hudud'' are the most severe of crimes, such as [[murder]], [[theft]], and [[adultery]]. There are minor differences in views between the four major [[Sunni Islam|Sunni]] ''[[madhhab]]s'' about sentencing and specifications for these laws. It is often argued that, since [[Sharia]] is God's law and states certain punishments for each crime, they are immutable. However, with [[liberal movements in Islam]] expressing concerns about [[hadith]] validity, a major component of how Islamic law is created, questions have arisen about administering certain punishments. Incompatibilities with [[human rights]] in the way Islamic law is practised in many countries has led many to call for an international moratorium on the punishments of [[Hudud]] laws until greater scholarly consensus can be reached. It has also been argued by some, that the Hudud portion of Sharia is incompatible with [[humanism]] or human rights.

More worrisome for human rights and women's rights advocates, some lawyers and politicians, was the incarceration of thousands of rape victims on charges of ''zina''.<ref name="World Scientific" />
Mixing the Pakistan penal code with Islamic laws was difficult because of the difference in the underlying logic of the two legal systems.<ref name="World Scientific">{{cite book|last=Michael Heng Siam-Heng, Ten Chin Liew|title=State and Secularism: Perspectives from Asia§General Zia-ul-Haq and Patronage of Islamism|year=2010|publisher=World Scientific|location=Singapore|isbn=9789814282383 |page=360|url=https://books.google.com/books?id=9cCtsWb9hoYC&q=zia+ul+haq&pg=PA202}}</ref>


===Prohibition Order===
===Prohibition Order===
Drinking of wine (i.e. all alcoholic drinks) was not a crime at all under the Pakistan Penal Code. In [[1977]], however, the drinking and selling of wine by Muslims was banned in Pakistan and the sentence of imprisonment of six months or a fine of Rs. 5000/-, or both, was provided in that law. Under the Prohibition Order, these provisions of law were replaced by the punishment of eighty stripes for which an ijma of the companions of the Holy Prophet ever since the period of the Second Caliph Umar, was cited. However, the law does not apply to Non-Muslims who can possess a license to drink and/or manufacture alcoholic beverages from the government. Most famous of these is the "Murree Brewery".
"Drinking of wine" (and all other alcoholic drinks) was not a crime under the original Pakistan Penal Code, but in 1977, the drinking and selling of wine by Muslims was banned in Pakistan, punishable by imprisonment of six months or a fine of Rs. 5000/-, or both. Under Zia's Prohibition Order, this punishment was replaced by one of whipping of eighty stripes, (citing an ''[[Ijma]]'' (consensus opinion) of the [[Sahabah|Companions]] of Muhammad since the period of the Second Caliph [[Umar]]). Non-Muslims were excepted if they obtained a license to drink and/or manufacture alcoholic beverages from the Government.


===Zina (Adultery) Ordinance===
===Adultery (Zina) Ordinance===
{{Further|Hudood Ordinances#Controversy and revision|Safia Bibi rape case}}
The most controversial of the ordinances was the ''[[Zina]]'' Ordinance, by which the Pakistan Penal Code provisions relating to adultery were replaced. Women and men found guilty were to be flogged a hundred stripes apiece if unmarried, and stoned to death if married. Uncorroborated testimony by women was inadmissible in hudood crimes,<ref name=Haqqani-144 /> so in cases of rape, victims were sometimes charged with fornication and jailed and their rapists were freed because the women could not comply with the Islamic Hadd requirements of four reputable Muslim males testifying to the crime. Girls as young as twelve were also sometimes jailed and prosecuted for having extra-marital intercourse because the ordinance abolished Pakistan's statutory rape law.<ref name=HRW-18>{{cite book|title=Prison Bound: The Denial of Juvenile Justice in Pakistan|date=1999|publisher=Human Rights Watch|page=18|url=https://books.google.com/books?id=Ej3oZB3XypUC&q=hudood&pg=PA42|access-date=29 January 2015|quote=Because the promulgation of the Zina Ordinance entailed the abolition of Pakistan's statutory rape law, girls as young as twelve have been prosecuted for having extra-marital intercourse under circumstances that would previously have mandated statutory rape charges against their assailant.|isbn=9781564322425}}</ref>
Under the Zina Ordinance the provisions relating to adultery were replaced as that the women and the man guilty will be flogged, each of them, with a hundred stripes, if unmarried. And if they are married they shall be stoned to death. It was argued that the section 497 of the Pakistan Penal Code dealing with the offence of adultery provided certain safeguards to the offender in as much as if the adultery is with the consent or connivance of the husband, no offence of adultery was deemed to have been committed in the eye of law. The wife, under the prevailing law, was also not to be punished as abettor. Islamic law knows no such exception.


According to legal scholar Martin Lau,
The women became the special victims of Zia's so called Islamization and its inconsistencies. The Zina Ordinance carried grave injustices and untold miseries on women in Pakistan and prompted bitter international criticism. Women's rights groups helped in the production of a film titled "Who will cast the first stone?" to highlight the oppression and sufferings of women under the Hudood Ordinances. In September [[1981]], the first conviction and sentence under the Zina Ordinance, of stoning to death for ''Fehmida'' and ''Allah Bakhsh'' were set aside under national and international pressure.
<blockquote>While it was easy to file a case against a woman accusing her of adultery, the Zina Ordinance made it very difficult for a woman to obtain bail pending trial. Worse, in actual practice, the vast majority of accused women were found guilty by the trial court only to be acquitted on appeal to the Federal Shariat Court. By then they had spent many years in jail, were ostracized by their families, and had become social outcasts.<ref name="ML252007: 1296">{{cite journal|last1=Lau|first1=Martin|title=Twenty-Five Years of Hudood Ordinances- A Review|journal=Washington and Lee Law Review|date=1 September 2007|volume=64|issue=4|page=1292|url=http://scholarlycommons.law.wlu.edu/cgi/viewcontent.cgi?article=1207&context=wlulr|access-date=18 November 2014|ref=ML252007}}</ref></blockquote>


In 1979, before the ordinances went into effect there were 70 women held in Pakistani prisons. By 1988, there were 6000.<ref name=Ashfaq-prison>{{cite web|last1=Ashfaq|first1=Abira|title=Voices from Prison and a Call for Repeal: The Hudood Laws of Pakistan|url=http://newpol.org/content/voices-prison-and-call-repeal-hudood-laws-pakistan|website=New Politics|access-date=18 November 2014|date=Winter 2006}}</ref> Critics complained that the law had become a way for "vengeful husbands and parents" to punish their wives or daughters for disobedience, but that "whenever even small changes" were proposed, religious groups and political parties staged "large scale demonstrations" in opposition.<ref name=zk-zina>{{cite web|last1=Kalanauri|first1=Zafar Iqbal|title=A Review of Zina Laws in Pakistan|url=http://www.zklawassociates.com/wp-content/uploads/2012/03/A-Review-of-Zina-Laws-in-Pakistan.pdf|website=zklawassociates.com|access-date=10 December 2014|quote=Promulgated in the name of Islam, the Zina Ordinance became a tool of oppression at the hands of vengeful husbands and parents intent on punishing their wives or daughters for disobedience. ... successive governments had failed to repeal or amend the law. Whenever even small changes were proposed, religious groups and political parties staged large scale demonstrations in Pakistan}}</ref>
In many cases, under the Zina Ordinance, a woman who made an allegation of rape was convicted for adultery whilst the rapist was acquitted. This led to a growing demand by jurists and women activists for repealing the Ordinance. In [[1983]], ''Safia Bibi'', a 13-year-old blind girl, who alleged rape by her employer and his son was convicted for adultery under the Zina Ordinance whilst, the rapists were acquitted. The decision attracted so much publicity and condemnation from the public and the press that the Federal Shariah Court of its own motion, called for the records of the case and ordered that she should be released from prison on her own bond. Subsequently, on appeal, the finding of the trial court was reversed and the conviction was set aside.


Pakistani women's and human rights groups protested the law, and international media gave it publicity. Supporters defended the Ordinances' punishments as ordained by God and the law as the victim of "extremely unjust propaganda" in the media.<ref name=Usmani>{{cite web|last1=Usmani|first1=Mohammad Taqi|title=The Reality of 'Women Protection Bill'|website=Hudood Ordinance|access-date=19 November 2014|url=http://www.hudoodordinance.com/taqi-usmani-article-english.htm|archive-url=https://web.archive.org/web/20080302173858/http://www.hudoodordinance.com/taqi-usmani-article-english.htm|archive-date=2 March 2008|quote=Now arises the question why is there so much insistence on abolishing the shari'a punishment for Zina bil Jabr? The reason for this is an extremely unjust propaganda which certain circles are busily spreading ever since the Hudood ordinance has been implemented.}}</ref>
In early [[1988]], another conviction for stoning to death of ''Shahida Parveen'' and ''Muhammad Sarwar'' sparked bitter public criticism that led to their retrial and acquittal by the Federal Shariah Court. In this case the trial court took the view that notice of divorce by Shahida's former husband, ''Khushi Muhammad'' should have been given to the Chairman of the local council, as stipulated under Section-7(3) of the ''Muslim Family Laws Ordinance'', [[1961]]. This section states that any man who divorces his wife must register it with the Union Council. Otherwise, the court concluded that the divorce stood invalidated and the couple became liable to conviction under the Zina ordinance.


The first conviction and sentence of stoning to death, in September 1981,<ref>for ''Fehmida'' and ''Allah Bakhsh''</ref> was overturned under national and international pressure. A conviction for adultery of a 13-year-old blind girl, (Safia Bibi), who alleged rape by her employer and his son, was reversed and the conviction was set aside on appeal after bitter public criticism.
The ''International Commission of Jurists'' mission to [[Pakistan]] in [[December]] [[1986]] called for repealing of certain sections of the Hudood Ordinances relating to crimes and "Islamic" punishments which discriminate against women and non-Muslims. The commission cited an example that a Muslim woman can be convicted on the evidence of a man, and a non-Muslim can be convicted on the evidence of a Muslim, but not vice versa.
Another conviction for zina and sentence of stoning to death in early 1988<ref>of ''Shahida Parveen'' and ''Muhammad Sarwar''</ref> sparked more public outrage and led to a retrial and acquittal by the Federal Sharia Court.<ref>In this case the trial court took the view that notice of divorce by Shahida's former husband, ''Khushi Muhammad'' should have been given to the Chairman of the local council, as stipulated under Section-7(3) of the ''Muslim Family Laws Ordinance'', 1961. This section states that any man who divorces his wife must register it with the Union Council. Otherwise, the court concluded that the divorce stood invalidated and the couple became liable to conviction under the Zina ordinance.</ref>


Attention to the barbarity of the Ordinance and suggestions for revising it were given by a number of government appointed commissions and a televised several weeks-long-televised debate on the subject.<ref name=UKdawn>{{cite news|title=KARACHI: KU workshop urges review of Hudood laws|url=http://www.dawn.com/news/157864/karachi-ku-workshop-urges-review-of-hudood-laws|access-date=19 November 2014|publisher=dawn.com|date=23 September 2005}}</ref> In 2006, parts of the law were extensively revised by the [[Women's Protection Bill]].<ref>{{cite web |url=http://www.newslinemagazine.com/2003/10/rape-of-the-law/ |title=Rape of the Law |publisher=Newslinemagazine.com |date=5 October 2003 |access-date=13 November 2011 |archive-url=https://web.archive.org/web/20111009033323/http://www.newslinemagazine.com/2003/10/rape-of-the-law/ |archive-date=9 October 2011 |url-status=dead }}</ref>
===Blasphemy Laws===


==Sharia courts and constitutional amendments==
The Pakistan Penal Code (PPC) and the Criminal Procedure Code were amended, through ordinances in [[1980]], [[1982]] and [[1986]] to declare anything implying disrespect to the Holy Prophet, ''Ahle Bait'' (family of the prophet), ''Sahaba'' (companions of the prophet) and ''Sha'ar-i-Islam'' (Islamic symbols), a cognizable offence, punishable with imprisonment or fine, or with both.
In 1978 Zia established "Shariat Appellate Benches", "grafted" on to Pakistan's four [[West Pakistan High Court|High Courts]].<ref name=HRWdouble-19/><ref name="United Book Press" /><ref>Chapter 3-A (articles 203-b 203-J) of the constitution (source: {{cite book|last1=Kennedy|first1=Charles|others=Anis Ahmad, Author of introduction |title=Islamization of Laws and Economy, Case Studies on Pakistan|date=1996|publisher=Institute of Policy Studies, The Islamic Foundation|page=25|chapter=Introduction}})</ref>
The benches were tasked with judging legal cases using the teachings of the Quran and the Sunnah and examining the country's laws to determine whether they complied with ''sharia'' law, and bring them into alignment if they did not.<ref name=wynbr-2009 />
A [[Supreme Court of Pakistan#Shariat Appellate Bench|Shariat Appellate Bench]] of the Supreme Court was created to be the final authority in ''Sharia'' cases.<ref name=ahmad-25>{{cite book|last1=Kennedy|first1=Charles|others=Anis Ahmad, Author of introduction |title=Islamization of Laws and Economy, Case Studies on Pakistan|date=1996|publisher=Institute of Policy Studies, The Islamic Foundation|page=25|chapter=Introduction}})</ref>


In announcing the establishment of Shariat Benches, Zia described their jurisdiction: <blockquote>"Every citizen will have the right to present any law enforced by the government before the 'Sharia Bench' and obtain its verdict whether the law is wholly or partly Islamic or un-Islamic."</blockquote>
====Religious Offences and Punishments====
However, some very important laws were exempt from being struck down as un-Islamic.

The [[Ninth Amendment to the Constitution of Pakistan|Ninth Amendment to the Pakistan Constitution]], added by Zia's government, stated that "the Injunctions of Islam as laid down in the Holy Quran and Sunnah shall be the supreme law and source of guidance for legislation", but qualified that in Article 203-B by omitting from the rule: the constitution, "Muslim Personal Law, any law relating to the procedure of any Court or tribunal", and "until the expiration of ten years from the commencement of this Chapter, any fiscal law or any law relating to the levy and collection of taxes and fees or banking or insurance practice and procedure ..." Thus the constitution and major parts of Pakistan's laws were exempt from Sharia jurisdiction. Further, the Shariat Benches did not always follow Zia's policy, and early on declared ''rajm'', or stoning, to be un-Islamic. Zia-ul-Haq reconstituted the court, which then ruled ''rajm'' Islamic.<ref name=mass-93>{{cite book|last1=Mass|first1=Leslie Noyes|title=Back to Pakistan: A Fifty-Year Journey|publisher=Rowman & Littlefield|page=93|url=https://books.google.com/books?id=_BtWtuLlDXoC&q=Federal+Sharia+Bench+declared+%5B%5Brajm%5D%5D%2C+or+%5B%5Bstoning%5D%5D%2C+to+be+un-Islamic&pg=PA93|access-date=12 December 2014|isbn=9781442213197|date=2011-10-15}}</ref>

In 1980 the Shariat Appellate Benches were disbanded and replaced by a [[Federal Shariat Court]] (FSC). Its establishment was less than clean and simple, as between 1980 and 1985, "provisions relating to the FSC's operation were modified 28 times, through the mechanism of 12 separate presidential ordinances and were incorporated into the Constitution in 14 subsections covering 11 pages of text."<ref name="CKILE1996: 35">[[#CKILE1996|Kennedy, ''Islamization of Laws and Economy'', 1996]]{{Broken anchor|date=2024-07-26|bot=User:Cewbot/log/20201008/configuration|target_link=#CKILE1996|reason= }}: p.35</ref> It has eight judges appointed by the president, "selected for the most part from judges of the high courts".<ref name="CKILE1996: 36">[[#CKILE1996|Kennedy, ''Islamization of Laws and Economy'', 1996]]{{Broken anchor|date=2024-07-26|bot=User:Cewbot/log/20201008/configuration|target_link=#CKILE1996|reason= }}: p.35-6</ref>

The judges of the superior courts<ref>i.e. the provincial High Courts, Federal Shariah Court and Supreme Court</ref> appointed by General Zia tended to be "Islamic moderates" rather than "Islamic activists" favoring a rapid advance of Islamisation.<ref>for example of the 23 judges who served on the FSC from 1980 to 1989 18 were former high court judges and 20 possessed western-style law degrees.</ref><ref name="CKILE1996: 37">[[#CKILE1996|Kennedy, ''Islamization of Laws and Economy'', 1996]]{{Broken anchor|date=2024-07-26|bot=User:Cewbot/log/20201008/configuration|target_link=#CKILE1996|reason= }}</ref>{{rp|37–8}}

In the lower district courts, there is "considerable variation in the enforcement and interpretation of the Hudood laws", with "much more enthusiasm" for implementation of them in the [[Punjab]] and urban [[Khyber Pakhtunkhwa]] (formerly [[North-West Frontier Province (1901–55)|NWFP]]) than in other regions.<ref name="CKILE1996: 37" />{{rp|37}}

==Blasphemy laws==
{{Main| Blasphemy law in Pakistan}}
To outlaw [[blasphemy]], the Pakistan Penal Code (PPC) and the Criminal Procedure Code (CrPC) were amended through ordinances in 1980, 1982 and 1986.
*The 1980 law prohibited derogatory remarks against Islamic personages, and carried a three-year prison sentence.<ref name=bbc-blasphem>{{cite web|title=What are Pakistan's blasphemy laws?|url=https://www.bbc.com/news/world-south-asia-12621225|website=bbc news|access-date=21 November 2014|date=6 November 2014|archive-date=5 April 2019|archive-url=https://web.archive.org/web/20190405093821/https://www.bbc.com/news/world-south-asia-12621225|url-status=dead}}</ref>
*In 1982 the small [[Ahmadiyya]] religious minority were prohibited from saying or implying they were Muslims.
*In 1986 declaring anything that implied disrespect to the [[Prophets of Islam|Islamic prophet]] [[Muhammad]], ''[[Ahl al-Bayt]]'' (family members of Muhammad), ''[[Sahabah]]'' (companions of Muhammad) or ''[[Symbols of Islam|Sha'ar-i-Islam]]'' (Islamic symbols), was made a [[cognisable offence]], punishable with imprisonment or fine, or both.<ref name=jahangir-176>{{cite book|last1=Jahangir|first1=Asma|editor1-last=Samantha|editor1-first=Power|title=Realizing Human Rights: Moving from Inspiration to Impact|publisher=Palgrave MacMillan|page=181|chapter-url=https://books.google.com/books?id=T0W8Ag_I2_IC&q=zia+ul-Haq+human+rights&pg=PA174|access-date=20 November 2014|chapter=Human Rights in Pakistan, a System in the Making.|date=30 September 2000|isbn=9780312234942}}</ref>

===Religious offences and punishments===
{| class="wikitable"
{| class="wikitable"
!PPC
<tr>
!Section
<td align="center">'''PPC'''</td>
!Description
<td align="center">'''Description'''</td>
!Penalty
<td align="center">'''Penalty'''</td>
|-
</tr>
| colspan="2" align="center" |298
<tr>
|Uttering of any word or making any sound or making any gesture or placing of any object in the sight with the deliberate intention of wounding the religious feelings of any person.
|1 years imprisonment, or fine, or both
<td align="center">298A</td>
|-
<td><p align="left">Use of derogatory remarks etc., in respect of holy personages</i></td>
| rowspan="3" align="center" |298
<td>3 years imprisonment, or with fine, or with both</td>
|A
|Use of derogatory remarks etc., in respect of holy personages. (1980)
</tr>
|3 years imprisonment, or fine, or both<ref name=RI />
<tr>
|-
|B
<td align="center">298B</td>
<td> Misuse of epithets, descriptions and titles etc., reserved for certain holy personages or places, by [[Ahmadi]]s</i></td>
|(Ahmadi blasphemy law) Misuse of epithets, descriptions and titles etc., reserved for certain holy personages or places, by [[Ahmadiyya|Ahmadis]]. (26 April 1984<ref name=talbot-283>{{cite book|last1=Talbot|first1=Ian|title=Pakistan, a Modern History|url=https://archive.org/details/pakistanmodernhi00talb|url-access=registration|date=1998|publisher=St.Martin's Press|location=NY|page=[https://archive.org/details/pakistanmodernhi00talb/page/283 283]|isbn=9780312216061 }}</ref>)
<td >3 years imprisonment and fine</td>
|3 years imprisonment and fine
|-
</tr>
|C
<tr>
|(Ahmadi blasphemy law) AKA [[Ordinance XX]]: An Ahmadi, calling himself a Muslim, or preaching or propagating his faith, or outraging the religious feelings of Muslims, or posing himself as a Muslim. (26 April 1984<ref name=talbot-283 />)
|3 years imprisonment and fine
<td align="center">298C</td>
|-
<td>An Ahmadi, calling himself a Muslim, or preaching or propagating his faith, or outraging the religious feelings of Muslims, or posing himself as a Muslim</td>
| colspan="2" align="center" |295
<td >3 years imprisonment and fine</td>
|Injuring or defiling places of worship, with intent to insult the religion of any class
|Up to 2 years imprisonment or with fine, or with both
</tr>
|-
<tr>
<td align="center">295</td>
| rowspan="3" align="center" |295
|A
<td>Injuring or defiling places of worship, with intent to insult the religion of any class</B></td>
|Deliberate and malicious acts intended to outrage religious feelings of any class by insulting its religion or religious beliefs. (1927)<ref name=PBL>{{cite web|title=PAKISTAN BLASPHEMY LAWS ENDING THE ABUSE OF THE BLASPHEMY LAWS|url=http://www.pakistanblasphemylaw.com/?page_id=15|website=pakistanblasphemylaw.com|access-date=13 December 2014|url-status=dead|archive-url=https://web.archive.org/web/20141213213041/http://www.pakistanblasphemylaw.com/?page_id=15|archive-date=13 December 2014}}</ref>
<td >Up to 2 years imprisonment or with fine, or with both</td>
|Up to 10 years imprisonment, or with fine, or with both
|-
</tr>
|B
<tr>
|Defiling, etc., of Quran. (1982)<ref name=PBL-1982>{{cite web|title=PAKISTAN BLASPHEMY LAWS ENDING THE ABUSE OF THE BLASPHEMY LAWS|url=http://www.pakistanblasphemylaw.com/?page_id=15|website=pakistanblasphemylaw.com|access-date=13 December 2014|quote=This law was amended further in 1982 as 295-B, defiling the Holy Qur’an, was added by Presidential Ordinance 1|url-status=dead|archive-url=https://web.archive.org/web/20141213213041/http://www.pakistanblasphemylaw.com/?page_id=15|archive-date=13 December 2014}}</ref>
<td align="center">295A</td>
|Imprisonment for life<ref name=RI />
<td>Deliberate and malicious acts intended to outrage religious feelings of any class by insulting its religion or religious beliefs</td>
|-
<td >Up to 10 years imprisonment, or with fine, or with both</td>
|C
|Use of derogatory remarks, spoken, written, directly or indirectly, etc. to defile the name of Muhammad. (1986)
</tr>
|Mandatory death and fine<ref name=RI>[https://web.archive.org/web/20010203210100/http://rationalistinternational.net/Shaikh/blasphemy_laws_in_pakistan.htm Blasphemy Laws in Pakistan]</ref><ref>(Act III of 1986, Criminal Law (Amendment) Act, Section 2)</ref>
<tr>
(Feb. 1990<ref name=talbot-282-death>{{cite book|last1=Talbot|first1=Ian|title=Pakistan, a Modern History|url=https://archive.org/details/pakistanmodernhi00talb|url-access=registration|date=1998|publisher=St.Martin's Press|location=NY|page=[https://archive.org/details/pakistanmodernhi00talb/page/282 282]|isbn=9780312216061 |quote=... following the judicial amendment of the Federal Shariat Court in February 1990, [the Blasphemy Law] carried with it a mandatory death penalty.}}</ref>)
<td align="center">295B</td>
<td>Defiling, etc., of Holy Quran</td>
<td >Imprisonment for life</td>
</tr>
<tr>
<td align="center">295C</td>
<td>Use of derogatory remarks, etc; in respect of the Holy Prophet</td>
<td >Death and fine</td>
</tr>
|}
|}


The legal language forbidding of blasphemy is quite complete, stating
These laws to this day are controversial and under fire by human rights organizations all over the world and have been questioned by Liberals and Moderates in Pakistan as well.
The US Assistant Secretary of state, '''Robin Raphel''', testifying before the Senate Foreign Relations sub-committee, on [[March 7]], [[1996]], said that the [[United States]] recognize that the religious parties in [[Pakistan]] have "street power" and not "ballot power" and this is a major constraint for the [[Benazir Bhutto]]'s government to repeal blasphemy laws. She revealed that more than 150 blasphemy cases have been lodged in Pakistan since [[1986]]. Most of these have been brought against members of the [[Ahmadi]] community. None of the cases against Ahmadis have resulted in convictions. During the same period, at least nine cases have been brought against [[Christians]] and nine against [[Muslims]]. There have been convictions in some of these cases, but no one has been executed under the law's mandatory death penalty. Some convictions have been overturned and several individuals are currently appealing their convictions.


<blockquote>Whoever, with the deliberate intention of wounding the religious feelings of any person, utters any word or makes any sound in the hearing of that person or makes any gesture in the sight of that person or places any object in the sight of that person, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.<ref name=refwor-blasphem>{{cite web|title=Pakistan: Whether section 298 of the Pakistan Penal Code (PPC) refers to any offence under religious law or Shari'a and, if so, the penalty under religious law or Shari'a|url=http://www.refworld.org/docid/3df4be8e8.html|website=refworld|access-date=9 December 2014}}</ref></blockquote>
The Lahore High Court, on [[February 22]], [[1995]], acquitted ''Salamat Masih'' and ''Rehmat Masih'' from blasphemy charges. They were sentenced to death by a Sessions Judge on [[February 9]], [[1995]], for allegedly writing blasphemous word on the wall of a mosque in [[1993]]. The death sentence was quickly overturned following an international uproar. During the appeal hearings there were almost daily demonstrations by small religious groups demanding that the sentence should be carried out. After the judgment, all religious groups observed a protest day throughout Pakistan to protest against the acquittal.


Prior to 1986, only 14 cases pertaining to blasphemy were reported in Pakistan.<ref name=dawn-08182013>{{cite news|title=Timeline: Accused under the Blasphemy Law|url=http://www.dawn.com/news/750512/timeline-accused-under-the-blasphemy-law|access-date=10 December 2014|agency=Dawn.com|date=18 Aug 2013}}</ref> From 1987 to 2014 over 1300 people have been accused of blasphemy, mostly non-Muslim religious minorities. The vast majority of the accusations were lodged for [[Quran desecration|desecration]] of the Quran.<ref name=bbc-blasphem />
The year 1995 also witnessed a ghastly incident of religious frenzy, when ''Dr. Sajjad Farooq'', was beaten to death by people outside a police station in [[Gujranwala]]. He was declared an apostate and accused of having desecrated the [[Holy Quran]]. Dr. Farooq, who was later reported by the press to be a staunch Muslim, was dragged out from the police station where he was lodged and stoned to death by frenzied mobs. On the basis of a rumor, apparently circulated by someone out of personal enmity, through loud-speakers of the mosques in his locality he was proclaimed to be a [[Christian]]. While religious fanaticism of one sort or another has tended to manifest itself in Pakistan in occasional incidents from time to time, many in the country are now beginning to regard it almost as sacrosanct. The so-called Islamization of Pakistan during late General [[Zia ul-Haq]]'s regime has imbued the fanatics with a spirit of self-righteousness which can only be regarded as alarming in any civilized society.


The laws are controversial among the small liberal community in Pakistan and international human rights organizations.
==Prayer Timings==
According to one religious minority source, an accusation of blasphemy commonly subjects the accused, police, lawyers, and judges to harassment, threats, attacks and rioting.<ref name=Lee-CP>{{cite news|last1=Lee|first1=Morgan|title=Muslim Cleric Accused to Framing Christian Girl of Blasphemy is Freed By Pakistan Court Amid Witness Death Threat Rumors|url=http://m.christianpost.com/news/muslim-cleric-accused-to-framing-christian-girl-of-blasphemy-is-freed-by-pakistan-court-amid-witness-death-threat-rumors-102641/|access-date=21 November 2014|agency=CP World|date=20 August 2013|archive-url=https://web.archive.org/web/20141129035550/http://m.christianpost.com/news/muslim-cleric-accused-to-framing-christian-girl-of-blasphemy-is-freed-by-pakistan-court-amid-witness-death-threat-rumors-102641/|archive-date=29 November 2014|url-status=dead}}</ref> Critics complain that Pakistan's blasphemy law "is overwhelmingly being used to persecute religious minorities and settle personal vendettas,"<ref name=Hanif-commit>{{cite news|last1=Hanif|first1=Mohammed|title=How to commit blasphemy in Pakistan|url=https://www.theguardian.com/world/2012/sep/05/pakistans-blasphemy-laws-colossal-absurdity|access-date=10 December 2014|agency=The Guardian|date=5 September 2012}}</ref> but calls for change in the blasphemy laws have been strongly resisted by Islamic parties. As of 2014 no one has been legally executed for blasphemy, but 17 people are on death row for the crime,<ref name=aljazeera /> and a considerable number of those accused of or connected with the issue have been killed at the hands of mob or other vigilante violence. Pakistan's blasphemy laws impose the possibility of a death penalty upon those who offend Islam, a measure that has drawn criticism for its alleged misuse in the persecution of religious minorities and the unjust targeting of minority communities.<ref>{{Cite news |date=2019-05-08 |title=What are Pakistan's blasphemy laws? |language=en-GB |work=BBC News |url=https://www.bbc.com/news/world-asia-48204815 |access-date=2023-09-02}}</ref>


Over 50 people accused of blasphemy have been murdered before their respective trials were over,<ref name=dawn-08182013 /><ref name=aljazeera>{{cite journal|last1=Hashim|first1=Asad|title=Living in fear under Pakistan's blasphemy law|journal=Al Jazeera|date=17 May 2014|url=http://www.aljazeera.com/indepth/features/2014/05/living-fear-under-pakistan-blasphemy-law-20145179369144891.html|access-date=21 November 2014|quote=In Pakistan, 17 people are on death row for blasphemy, and dozens more have been extrajudicially murdered.}}</ref> and prominent figures who opposed blasphemy laws ([[Salman Taseer]], the former governor of [[Punjab, Pakistan|Punjab]], and [[Shahbaz Bhatti]], the Federal Minister for Minorities) have been assassinated after urging reform of the law.<ref name=bbc-blasphem /> Altogether, since 1990, 62 people have been murdered as a result of blasphemy allegations.<ref>[https://www.economist.com/news/asia/21635070-pakistans-blasphemy-laws-legitimise-intolerance-bad-mouthing Blasphemy in Pakistan Bad-mouthing], economist.com.</ref> There has also been at least one case of an attack on a non-Muslim faith registered under the blasphemy laws.<ref>[http://www.dawn.com/news/753149/attack-on-hindus-prompts-blasphemy-case-in-pakistan Attack on Hindus prompts blasphemy case in Pakistan]| AP| 30 September 2012| dawn.com</ref><ref>{{cite news|url=http://tribune.com.pk/story/444669/attackers-of-hindu-temple-charged-with-blasphemy/ |title=Attackers of Hindu temple charged with blasphemy |first=Rabia|last=Ali|publisher=Express Tribune|date=30 September 2012|quote=In an extraordinary turn of events, Section 295-A was used to register a blasphemy case against Muslim men for damaging a Hindu temple during riots on Ishq-e-Rasool Day.}}</ref>
Instructions were issued for regular observance of prayers and made arrangements for performing noon prayer (Salat Al Zuhur) in the government and semi-government offices and educational institutions, during office hours, and official functions, and at the airports, railway stations and bus stops.


The depth of passion and vigour of vigilantism against blasphemy was in evidence in a 21 April 1994 incident in [[Gujranwala]] where a doctor, Sajjad Farooq, was beaten, stoned, doused with kerosene and set alight, and dragged through the streets tied to a motorbike by a group of people after an announcement was made over the loudspeakers of several local mosques that 'a Christian had burned a copy of the Koran' and that people should come forward to stone him to death. It later transpired that Farooq was not a Christian but a devout Muslim, but one with enemies with access to local mosque public address systems. As of late 1994, a complaint had been lodged against five people but no arrests appeared to have been made.<ref name=AI-doc-1994>{{cite web|title=DOCUMENT - PAKISTAN: USE AND ABUSE OF THE BLASPHEMY LAWS. 3. Cases of abuse of the blasphemy law|url=https://www.amnesty.org/en/documents/asa33/008/1994/en/|website=Amnesty International|access-date=10 December 2014|date=10 December 2014}}</ref><ref name=AI1995>{{cite web|title=Amnesty International Report 1995 - Pakistan|url=http://www.refworld.org/docid/3ae6aa124f.html|website=RefWorld|access-date=10 December 2014}}</ref>


== Economic islamization ==
==Reverence for fasting Ordinance==
{{Main|Islamic economics in Pakistan|l1=Islamization of the economy in Pakistan}}


===Zakat and Ushr Ordinance===
An "Ehtram-i-Ramazan" (reverence for fasting) Ordinance was issued providing that complete sanctity be observed during the Islamic month of Ramazan, including the closure of cinema houses three hours after the Maghreb (sunset) prayers.
In the short term, the fiscal dimension of the Islamization policy made a stronger impact. Payment of the alms tax, Zakat, as well as its agricultural counterpart, [[Islamic taxes#Ushr|Ushr]], were traditionally private obligations for Muslims in Pakistan. Together they generally represented 2.5% of annual household savings and served as a sort of wealth tax to be redistributed to the Muslim community's poor.<ref>Nelson, Matthew (2008) ''In the Shadow of Shari'ah.''</ref> One of the provisions of the 1973 constitution already stipulated that these taxes should be collected by the government. But Bhutto had made no move to implement it. In 1979, Zia decided to transform what was considered a personal duty of solidarity into a legal obligation. The "Zakat and Ushr Ordinance" was issued on 20 June 1980. Its urban component, ''zakat'', took effect in 1981, whereas ''ushr'' did not come into effect until 1983. The system by which these taxes were previously levied was replaced by a specific agency to rationalize the collection and distribution of funds, a process that Malik describes as follows:


On the first day of the fasting month of Ramadan, the Zakat Deducting Agencies (banks, post-offices etc.) by means of deduction at source withdraw 2.5% from all saving accounts above a certain exemption limit (fixed at Rs. 1,000 in the first year of Zakat deduction, 1980). They transfer the Zakat thus collected to the Central Zakat Fund (CZF). This fund is fed also with proceeds from 'voluntary Zakat' and 'donations' and from funds of other institutions. Following certain criteria, the Zakat is then distributed among the Provincial Zakat Funds (PZFs) and the National Zakat Foundation (NZF). Following prescribed quota, the PZFs turn over funds to the Local Zakat Funds (LZFs), to other institutions, to the needy (mustaqhin) and to the National Zakat Foundation.<ref>Malik, Jamal (1996) ''Colonization of Islam''.</ref>
==Definition of Muslim==


While ''ushr'' is distributed in the locality where it was collected, the distribution process of the ''zakat'' shows a whole bureaucratic pyramid in action. Here again, the Islamization policy reinforced state control over religious institutions. Further evidence of this was the Tehsil/Taluka/Subdivisional and Local Committees (Removal of chairman and Members) Rule (1981), which allowed the state to dismiss the president of a local Zakat Committee, an institution that was previously independent of the state. In 1981, ''Al Zakat'', an influential national monthly publication boasted that 250,000 persons were involved in the new system of collecting and distributing zakat funds.
By amending the constitution, General Zia also provided the following definition of a Muslim and a non-Muslim:
The fiscal dimension of Zia's Islamization policy fostered a rise in sectarianism, a term that in Pakistan denotes the conflict between Sunni and Shia Muslims. As soon as Zia's plans for ''zakat'' and ''ushr'' were made public, Shia leaders objected that according to their jurisprudence of their sect, payment of these taxes was a purely individual choice, a decision made according to one's conscience. In reaction to the promulgation of the law, they orchestrated a massive demonstration in Islamabad which later led them to be exempted from the mandatory tax. The taxes have not been found to have eliminated rural and urban poverty or reduced the inequalities in wealth which had become a traditional feature of Pakistani society.<ref name=talbot-278>{{cite book|last1=Talbot|first1=Ian|title=Pakistan, a Modern History|url=https://archive.org/details/pakistanmodernhi00talb|url-access=registration|date=1998|publisher=St.Martin's Press|location=NY|page=[https://archive.org/details/pakistanmodernhi00talb/page/278 278]|isbn=9780312216061 |quote=... the ''ushr'' and ''zakat'' taxes did not eliminate rural and urban poverty or reduce the massive inequalities in wealth which had become a traditional feature of Pakistani society.}}</ref><ref name=Salim-117>{{cite book|last1=Salim|first1=Arskal|title=Challenging the Secular State: The Islamization of Law in Modern Indonesia|date=2008|publisher=University of Hawaii Press.|pages=117–119|url=https://books.google.com/books?id=pnUI036m3tUC&q=zakat+pakistan&pg=PA117|access-date=3 December 2014|isbn=9780824832377}}</ref>
*(a) "Muslim" means a person who believes in the unity and oneness of Almighty Allah, in the absolute and unqualified finality of the Prophet hood of [[Muhammad]] (peace be upon him), the last of the prophets, and does not believe in, or recognize as a prophet or religious reformer, any person who claimed to be a prophet in any sense of the word or of any description, whatsoever, after Mohammed.
*(b) "Non-Muslim" means a person who is not a Muslim and includes a person belonging to the [[Christian]], [[Hindu]], [[Sikh]], [[Buddhist]], or [[Parsi]] community, a person of the [[Qadiani]] Group or the Lahori Group (who call themselves [[Ahmadis]]), or a [[Bahá'í Faith|Bahá'í]], or a person belonging to any of the scheduled castes.


===Riba===
==Zia's Islamization of Economy==
Zia publicly stated his desire to eliminate interest on loans and securities and create an "[[Interest-free economy]]."<ref name="Islamic Studies">{{cite book|last=Mehboob|first=Aurangzaib|title=Islamization of Economy|publisher=Islamic Studies|pages=682–686|chapter-url=http://67.199.47.101/economy/islamisation%20of%20economy.pdf|access-date=12 August 2012|chapter=Executive Initiative I|year=2002|url-status=dead|archive-url=https://web.archive.org/web/20150120193323/http://67.199.47.101/economy/islamisation%20of%20economy.pdf|archive-date=20 January 2015}}</ref>
Zia declared that effective 1 July 1979 the affairs of the National Investment Trust, the House Building Finance Corporation, and the Investment Corporation of Pakistan were to be run on an interest-free basis through the adoption of profit-loss sharing (PLS).<ref name="CKILE1996: 128-9">[[#CKILE1996|Kennedy, ''Islamization of Laws and Economy'', 1996]]{{Broken anchor|date=2024-07-26|bot=User:Cewbot/log/20201008/configuration|target_link=#CKILE1996|reason= }}: p.128-9</ref>
On 1 January 1980, approximately 7,000 interest-free counters were opened at all the nationalized commercial banks.<ref name="Islamic Studies" />


In 1981 interest payments were to be replaced by "profit and loss" accounts (though profit was thought to be simply interest by another name).<ref name=jones-16-7>{{cite book|last1=Jones|first1=Owen Bennett|title=Pakistan : eye of the storm|date=2002|publisher=Yale University Press|location=New Haven and London|pages=16–7|url=https://books.google.com/books?id=ONZpltd6UZ8C&q=zia+giving+him+a+free+hand+to+ignore+internationally+accepted+human+rights+norms|isbn=978-0300101478}}</ref> The government introduced and encouraged banks to adopt financing schemes based upon ''[[murabaha]]'' and/or ''[[musharaka]]''<ref name="CKILE1996: 128-9" />
Within the framework of Islamization of economy, the National Investment Trust and the Investment Corporation of Pakistan were asked to operate on equity basis instead of interest as of [[July 1]], [[1979]]. Interest-free counters were opened at all the 7,000 branches of the nationalized commercial banks on [[January 1]], [[1980]]. But interest-bearing National Savings Schemes were allowed to operate in parallel.
===Zakat and Ushr Ordinance===
The [[Zakat]] and Ushr Ordinance was promulgated on [[June 20]], [[1980]] to empower the government to deduct 2.5% Zakat annually from mainly interest-bearing savings and shares held in the National Investment Trust, the Investment Corporation of Pakistan and other companies of which the majority of shares are owned by the Muslims. Foreign Exchange Bearer Certificate scheme that offered fixed interest was exempted from the compulsory Zakat deduction.
This ordinance drew sharp criticism from the [[Shia]] sect which was later exempted from the compulsory deduction of Zakat. Even Sunnis were critical of the compulsory deduction and the way Zakat was distributed.


===Land Reforms===
===Land reforms===
Zia did not consider land reform or trade union activity to be part of Islamic economics.
In a statement addressed to the poor and working class he opined:
On [[December 13]], [[1980]], to the surprise of General Zia, the Federal Shariah Court declared the land reforms of 1972 and 1977 as eminently in consonance with Islamic injunctions. Then the so-called Ulema were brought in who traditionally supported the landlord class. Three Ulema were inducted into the Federal Shariah Court and two into the Shariah Appellate Bench of the Supreme Court which reversed the FSC judgment in 1990. After the imposition of martial law, many landlords were reported to have told their tenants to seek the protection of their benefactor, namely, [[Bhutto]]. Thousands of tenants were forcibly evicted from the land in various districts. The martial law regime made it clear that it was not committed to redistributive agrarian policies and described the land reforms as ordinary politics to reward supporters and punish enemies.
<blockquote>It is not for the employers to provide ''roti, kapda, aur makaan'' (bread, clothes and homes) [a reference to a well-known slogan used by Bhutto's PPP]. It was for God Almighty who is the provider of livelihood to his people. Trust in God and He will bestow upon you an abundance of good things in life.<ref name=OYILR>{{cite web|last1=Yousaf|first1=Omar|title=(Not so) Islamic land reforms|url=http://blogs.tribune.com.pk/story/1939/not-so-islamic-land-reforms/|website=Express Tribune Blogs|access-date=8 December 2014|date=October 2, 2010}}</ref></blockquote> His martial law government also made it clear that it "was not committed to redistributive agrarian policies and described the land reforms as ordinary politics to reward supporters and punish enemies".<ref name=sayeed />

When, on 13 December 1980, the Federal Shariat Court declared the land reforms of 1972 and 1977 to be in consonance with Islamic injunctions,<ref name=Ghazali-119>{{cite book|last1=Ghazali|first1=Abdus Sattar|title=Islamic Pakistan: illusions and reality|date=1996|publisher=National Book Club|page=119|url=https://books.google.com/books?id=if5tAAAAMAAJ&q=the+Federal+Sharia+Court+declared+the+land+reforms+of+1972+and+1977+as+eminently+in+consonance+with+Islamic+injunctions|access-date=13 December 2014}}</ref> Zia responded by inducting three members of the ''Ulema'' into the Federal Sharia Court and two into the Sharia Appellate Bench of the Supreme Court (''Ulema'' traditionally often coming from, or at least supporting the interests of, the landowning class). The newly constituted courts reversed the FSC judgment in 1990.<ref name=Ghazali-119 />

After the imposition of martial law, thousands of tenants were forcibly evicted from the land in various districts.<ref name=sayeed>''[https://books.google.com/books?id=GgBuAAAAMAAJ&q=After+the+imposition+of+martial+law,+many+landlords+were+reported+to+have+told+their+tenants+to+seek+the+protection+of+their+benefactor,+namely, Politics in Pakistan: the nature and direction of change]'', Khalid B. Sayeed, Praeger, 1980</ref>

Another source, scholar Charles H. Kennedy, states that from 1978 to 1992, the "Islamic Courts" established by Islamisation (i.e. the Shariah Appellate Bench and Federal Shariat Court) were much more important in land reform policy than either the executive or legislature of Pakistan. Kennedy states they effectively "suspended implementation" of the land reforms, "repealed the reforms, drafted new legislation, and then interpreted the new laws' meanings".<ref name=kennedy-121>{{cite book|last1=Kennedy|first1=Charles|title=Islamization of Laws and Economy, Case Studies on Pakistan|date=1996|publisher=Institute of Policy Studies, The Islamic Foundation|page=121}}</ref>

===Worker protests===
Trade union and grass roots demands for higher wages, better working conditions, social security, old age benefits and compensation for accidents, were "no justification for protests and strikes", and treated as disorder to be suppressed. Maximum punishment to the offenders was three years rigorous imprisonment and/or whipping. On 2 January 1986 police killed 19 striking workers of the Colony Textile Mill in [[Multan]], whose management had sought assistance from the authorities.<ref name=Ghazali-119 />

==Other Sharia laws==
Attempts were made to enforce praying of [[salat]] five times a day.<ref name=wynbr-2009 />

Separate electorates for Hindus and Christians were established in 1985—a policy originally proposed by Islamist leader Abul A'la Maududi. Christian and Hindu leaders complained that they felt excluded from country’s political process, but the policy had strong support from Islamists.<ref name=OBJ-31>{{cite book|last1=Jones|first1=Owen Bennett|title=Pakistan: Eye of the Storm|date=2002|publisher=Yale University Press|isbn=978-0300101478|page=31|url=https://books.google.com/books?id=ONZpltd6UZ8C&q=separate+electorates+for+minorities+in+pakistan&pg=PA31|access-date=9 December 2014}}</ref>

===Qisas and Diyat Ordinance 1990===
In 1990 ''Criminal Law (Second Amendment) Ordinance'' on ''[[Qisas]]'' ("retaliation" or revenge) and ''[[Diyat]]'' (financial compensation paid to the heirs of a victim), was introduced after the Shariat Appellate Bench of the [[Supreme Court of Pakistan|Supreme Court]] declared that the lack of ''Qisas'' and ''Diyat'' were repugnant to the injunctions of Islam as laid down by the Quran and Sunnah.<ref>''Federation of Pakistan v. Gul Hasan Khan'', PLD 1989 [[Supreme Court of Pakistan|SC]] 633–685, affirming PLD 1980 [[Peshawar High Court|Pesh]] 1–20 and PLD 1980 [[Federal Shariat Court|FSC]] 1–60</ref> (These laws were introduced after Zia died, but by a court—Shariat Appellate Bench of the Supreme Court—that Zia had created.<ref name=shah-13>{{cite journal|last1=Shah|first1=Waseem Ahmad|title=Pros and cons of Qisas and Diyat law|journal=Dawn|date=16 Sep 2013|url=http://www.dawn.com/news/1043236|access-date=8 December 2014}}</ref>)

Under the law, the victim (or heirs of the victim) of a crime had the right to inflict injuries on the offender identical to the ones sustained by the victim. (Although the ordinance set the "blood money" compensation for a female victim at half that for a male.<ref name=talbot-281-halfwomen>{{cite book|last1=Talbot|first1=Ian|title=Pakistan, a Modern History|url=https://archive.org/details/pakistanmodernhi00talb|url-access=registration|date=1998|publisher=St.Martin's Press|location=NY|page=[https://archive.org/details/pakistanmodernhi00talb/page/281 281]|isbn=9780312216061 }}</ref>) The law also allows offenders to absolve themselves of the crime by paying compensation to the victim or their heirs if, and only if, the family of the victim is willing to accept it.

;Law of Evidence
A proposed Law of Evidence (''Qanun-e-Shahadat'') would require two women to testify in place of one man. After protest and demonstrations against the law, a 1984 compromise limited the rule to financial transactions.<ref name="talbot-281-halfwomen"/><ref name=punjpolice>{{cite web|title=The QANUN-E-SHAHAOAT ORDER (X OF 1984) [28th October. 1984] Chapter II, 17|url=http://punjabpolice.gov.pk/system/files/qanun-e-shahadat-order-1984.pdf|website=punjab police|access-date=10 December 2014|quote=(a) in matters pertaining to financial or future obligations, if reduced to writing, the instrument shall be attested by two men or one man and two women, so that one may remind the other, if necessary, and evidence shall be led accordingly}}</ref>
According to Charles Kennedy, it is unlikely that the law will affect any case brought to any superior court in Pakistan because "in practice, virtually every financial transaction in Pakistan by custom or rule requires the countersignature of several individuals."<ref name="CKILE1996: 41">[[#CKILE1996|Kennedy, ''Islamization of Laws and Economy'', 1996]]{{Broken anchor|date=2024-07-26|bot=User:Cewbot/log/20201008/configuration|target_link=#CKILE1996|reason= }}: p.41</ref>

Unlike men, women entering into legal contracts were required to have their signature witnessed by another person.<ref name=Haqqani-144>{{cite book|last1=Haqqani|first1=Husain|title=Pakistan: Between Mosque and Military|date=2005|publisher=Palgrave MacMillan|page=144|url=https://books.google.com/books?id=nYppZ_dEjdIC&q=zia+ul-Haq+islamization&pg=PA144|access-date=20 November 2014|isbn=9780870032851}}</ref>

;Prayer timings
Instructions were issued for regular observance of prayers and arrangements were made for performing noon prayer (Salat Al Zuhur) in government and quasi-government offices and educational institutions, during office hours, and official functions, and at airports, railway stations and bus stops.

;Ramadan Ordinance
An ''Ehtram-e-Ramazan'' (reverence for fasting) Ordinance was issued banning eating, smoking, and drinking in public places in the holy month of [[Ramadan]]. According to a clause of this ordinance, those places including restaurants, canteens, bridges, lanes, and even the confines of private homes. While in theory the non-Muslim minority of Pakistan is exempt from the law, minorities have been arrested for eating in public.<ref name=ali-sawm>{{cite journal|last1=Ali|first1=Komal|title=Why should minorities suffer in Ramazan?|journal=Express Tribune Blog|date=28 July 2012|url=http://blogs.tribune.com.pk/story/13064/why-should-minorities-suffer-in-ramazan/|access-date=8 December 2014}}</ref>

;Regulations for women

Under Zia, the order for women to cover their heads while in public was implemented in public schools, colleges and state television. Women's participation in sports and the performing arts was severely restricted.<ref name=Haqqani-144 />

The Ansari commission, which from the 1980s onwards advised the President on un-Islamic social conventions, recommended that women should be prohibited from leaving the country without a male escort and that unmarried, unaccompanied women should not be allowed to serve overseas in the diplomatic corps. An Islamic dress code was imposed on women in the public eye such as newsreaders and air stewardesses.
<ref name=talbot-280>{{cite book|last1=Talbot|first1=Ian|title=Pakistan, a Modern History|url=https://archive.org/details/pakistanmodernhi00talb|url-access=registration|date=1998|publisher=St.Martin's Press|location=NY|page=[https://archive.org/details/pakistanmodernhi00talb/page/280 280]|isbn=9780312216061 |quote=The Ansari commission, which from 1980s onwards advised the President on uni-Islamic social conventions, recommended that women should be prohibited from leaving the country without a male escort and that unmarried, unaccompanied women should not be allowed to serve overseas in the diplomatic corps. An Islamic dress code was imposed on women in the public eye such as newsreaders and air stewardesses.}}</ref>

==Other policies==
Textbooks were overhauled to remove un-Islamic material, and un-Islamic books were removed from libraries.<ref name=jones-16-7 />
Offices, schools, and factories were required to offer praying space; conservative scholars became fixtures on television.<ref name=Paracha-2009>{{cite web|last1=Paracha|first1=Nadeem F.|title=Pious follies|url=http://www.dawn.com/news/812995/pious-follies|website=Dawn.com|access-date=20 December 2014|date=3 September 2009}}</ref> The Government built mosques in rural areas, giving the rural people greater access to [[mullah]]s. It also appointed many mullahs to advisory groups.<ref name=WEISMAN-14-01-15 />

According to [[Pervez Hoodbhoy]], a Pakistani physicist opposed to fundamentalism, under Zia the government organized international conferences and provided funding for research on such topics as the temperature of [[Jahannam|hell]] and the chemical nature of ''[[jinn]]'' (supernatural creatures made from fire).<ref>Hoodbhoy, Pervez, ''[http://eacpe.org/content/uploads/2014/02/Islam-and-Science-BOOK.pdf Islam and Science: Religious Orthodoxy and the Battle for Rationality]'' (London: Zed, 1991), pp. 140-54</ref><ref name=SOP>{{cite web|title=Islamization Under General Zia-ul-Haq|url=http://storyofpakistan.com/islamization-under-general-zia-ul-haq/|website=story of pakistan|access-date=2 January 2014|date=1 June 2003}}</ref>

In prisons, religious instruction is mandatory.<ref name=HRW-42>{{cite book|title=Prison Bound: The Denial of Juvenile Justice in Pakistan|date=1999|publisher=Human Rights Watch|page=42|url=https://books.google.com/books?id=Ej3oZB3XypUC&q=%22prison+bound%22+%22juvenile+justice+in+pakistan%22+%22islamic+education+is+similarly%22&pg=PA42|access-date=29 January 2015|isbn=9781564322425}}</ref> Those who can demonstrate their ability to recite the Quran from memory before an examination board are entitled to a remission in their sentence of up to two years.<ref>Pakistan Law Commission, "Report on Jail Reform, 1997", p.22</ref>

===Madrassa expansions===
{{Main|Madrassas in Pakistan}}
Educational reforms partly flowed from judicial reforms insofar as, for instance, a sharia department was set up at Quaid-e-Azam University in 1979 to train Islamic legal specialists. But Zia devoted personal attention to the reorganization of Quranic schools (''dini madaris'', plural of ''madrasssa''). [[Madrassas in Pakistan|Madrassas]]s (traditional religious schools) in Pakistan received state sponsorship for the first time.<ref name=husain-81>[https://books.google.com/books?id=cD36RbtSKNkC&dq=Darul+Uloom+Haqqania+founded+abdul+haq&pg=PA81 Frontline Pakistan: The Struggle with Militant Islam], edited by Zahid Hussain, Columbia University Press, 2006, p.81</ref>
Their number grew from 893 to 2,801 during the Zia years according to one source.<ref name="hiro-madras-162" /> Another states that 12,000 were opened from 1983 to 1984.<ref name=talbot-279-madrassa>{{cite book|last1=Talbot|first1=Ian|title=Pakistan, a Modern History|url=https://archive.org/details/pakistanmodernhi00talb|url-access=registration|date=1998|publisher=St.Martin's Press|location=NY|page=[https://archive.org/details/pakistanmodernhi00talb/page/279 279]|isbn=9780312216061 }}</ref> Most were Deobandi in doctrinal orientation, while one quarter of them were Barelvi.<ref name="hiro-madras-162">[https://books.google.com/books?id=b9QqOMnCAq0C&dq=Muhammad+Zia-ul-Haq+madrassa+2,801&pg=PA162 Apocalyptic Realm: Jihadists in South Asia], By Dilip Hiro, Yale University Press, 2012, p.162</ref> They received funding from Zakat councils and provided free religious training, room and board to impoverished Pakistanis.<ref name=husain-78>[https://books.google.com/books?id=cD36RbtSKNkC&dq=Darul+Uloom+Haqqania+founded+abdul+haq&pg=PA81 Frontline Pakistan: The Struggle with Militant Islam], edited by Zahid Hussain, Columbia University Press, 2006, p.78</ref> The schools, which banned televisions and radios, have been criticized by authors for stoking sectarian hatred both between Muslim sects and against non-Muslims.<ref name=husain-81 /><ref name="hiro-madras-162" /><ref name=husain-78 />

===Cultural policies===
{{Main|Pakistani rock|l1=New wave of rock music in Pakistan (1980-1989)}}
In a 1979 address to the nation, Zia decried the influence of [[Western culture]] and music in the country. Soon afterwards, [[Pakistan Television Corporation|PTV]], the national television network, ceased playing music videos or any music other than patriotic songs. Most of the cinemas in Lahore were shut down.<ref name="CITEREFOnTheMedia">{{cite web|url=http://www.onthemedia.org/story/130185-lollywood-goes-pop/transcript/|title=Lollywood goes pop|publisher=On The Media|date=20 August 2004|access-date=2014-12-23}}</ref> (As of 2004, the "[[Lollywood]]" film industry of Pakistan produces around 40 films a year, compared to India's thousand or so releases.<ref>{{cite news|url=https://www.theguardian.com/film/2004/feb/13/kashmir.india|title=My film is part of the peace process|publisher=[[Guardian Unlimited]]|access-date=2014-12-23 | location=London | first=Tania | last=Branigan | date=2004-02-13}}</ref>)

This was despite warm relations between Zia and the President of the largest Western country ([[US President]] [[Ronald Reagan]]), and strong support for Zia from that country.<ref name="Oxford University Press, 1995">{{cite book|last=Arif, [[Pakistan Army|PA]]|first=General (retired) Khalid Mahmood|title=Working with Zia: Pakistan's power politics, 1977–1988|year=1995|publisher=Oxford University Press, 1995|location=United Kingdom|isbn=978-0-19-577570-9|page=435|url=https://books.google.com/books?id=26TjAAAAMAAJ&q=working+with+Zia}}</ref>
Also ironic was that under Zia's rule (according to leftist cultural critic [[Nadeem F. Paracha]]), economic prosperity expanded the country's urban middle and lower-middle-classes, and spread the popularity of [[Western world|Western]] [[1980s in fashion|1980s fashion]] wear, hairstyle and pop music.<ref name="Dawn News, Nadeem F. Paracha">{{cite news|last=Nadeem F. Paracha|title=Times of the Vital Sign|url=http://dawn.com/2013/03/28/times-of-the-signs/|access-date=3 April 2013|newspaper=Dawn News, Nadeem F. Paracha|date= 28 March 2013 |quote=This was a time when the wily General Ziaul-Haq was reigning supreme ... Even though the country, at the time was covered by a ... façade of strict conservatism and ... moralistic pretence,... Ironically, it ... also propelled the gradual expansion of the country’s urban middle and lower-middle-classes. And it is the youth cultures that emerged from these classes that launched the first shots of the kind of pop culture, scene and music we now call modern Pakistani pop.}}</ref><ref name=Paracha>{{cite news|last1=Paracha|first1=Nadeem F.|title=Street dancing years: The golden age of Pakistani pop music|url=http://www.dawn.com/news/1093337|access-date=22 December 2014|agency=Dawn.com|date=16 March 2014|quote=The years between 1987 and 1999 constitute the golden age of Pakistani pop and rock music.}}</ref>

The common South Asian parting phrase "[[Khuda Hafiz]]" was discouraged in favour of "Allah Hafiz", which was first used in 1985 in the state-run media as it was said to be more Islamic than the former phrase that allowed for [[religious pluralism]].<ref name="Ali2012">{{cite web |last1=Ali |first1=Syed Hamad |title=In Pakistan, saying goodbye can be a religious statement |url=https://www.theguardian.com/commentisfree/belief/2012/apr/17/pakistan-goodbye-allah-hafiz |website=The Guardian |access-date=23 January 2020 |language=en |date=17 April 2012}}</ref>

== Causes, criticism and sectarian division ==
Zia's motivation for the Islamisation programme has been described as including his personal piety, desire "to fulfil Pakistan's ''raison d'etre''" as a Muslim state, and the political need to legitimise what was seen by many as Zia's "repressive, un-representative martial law regime".<ref name=talbot-286 />
Zia had come to power overthrowing Bhutto, whose opposition had been united around the slogan of ''Nizam-e-Mustafa'' (Islamic rule), making supporters of Islamisation the enemy of Zia's enemy.<ref name="SVRN1996: 46">[[#SVRN1996|Nasr, ''Mawdudi and the Making of Islamic Revivalism'', 1996]]: p.46</ref>

Secular and leftist forces accused Zia of manipulating Islam for political ends.<ref name="United Book Press">{{cite book|last=Haqqani |first=Husain|title=Pakistan: between mosque and military|year=2005|publisher=United Book Press|location=Washington D.C.|isbn=9780870032851|page=400|url=https://books.google.com/books?id=nYppZ_dEjdIC&q=zia+ul+haq&pg=PA132}}</ref> [[Nusrat Bhutto]], former wife of Zulfikar Ali Bhutto claimed that Zia "used Islam" to ensure "the survival of his own regime" following the "horrors of 1971 war" in East Bengal.<ref name="United Book Press" />

One author points out that Zia was conspicuously silent on the dispute between the heterodox [[Mahdavia#History|Zikri]] sect and the ''Ulama'' in [[Balochistan]], where Islamist doctrine would call for siding with the conservative ''Ulama'', but where Zia had a political need for tranquility among the Zikri.<ref name=talbot-252-cover>{{cite book|last1=Talbot|first1=Ian|title=Pakistan, a Modern History|url=https://archive.org/details/pakistanmodernhi00talb|url-access=registration|date=1998|publisher=St.Martin's Press|location=NY|page=[https://archive.org/details/pakistanmodernhi00talb/page/252 252]|isbn=9780312216061 |quote=The need for stability in the strategic region of Balochistan during the Afghan war led Zia to distance himself from the sectarian conflict between the heterodox Zikri community and the ''`ulama''. ... Significantly standing aside from the issue, Zia lent credence to critics' claim that his call for Islamisation was just a cover for his undemocratic regime rather than a genuine desire.}}</ref> Another notes Zia's use of Article 203-B to protect any part of the constitution, any Personal Laws, and any financial laws from being struck down as in violation of sharia law.<ref>''Islamization of Laws and Economy: Case Studies on Pakistan''| Charles H. Kennedy| Institute of Policy Studies, 1996| p.89</ref>

=== Sectarian division ===
{{See also|Sectarian violence in Pakistan}}
How much success Zia had using state-sponsored Islamisation to strengthen national cohesion is also disputed.
The Shia Muslim minority differed with Sunnis over Islamic jurisprudence (fiqh), maintaining that Zia's Islamization was actually "Sunnification".<ref>Nasr, ''Shia Revival'', 2016, p.160</ref> The Pakistani government leaned in favour of applying [[Sunni Islam|Sunni]] law to all.<ref>{{Cite news|url=https://www.chicagotribune.com/1987/11/10/sectarian-strife-threatens-pakistans-fragile-society/|title=Sectarian Strife Threatens Pakistan's Fragile Society|last=Broder|first=Jonathan|date=10 November 1987|work=Chicago Tribune|quote=But President Mohammad Zia ul-Haq`s program of Islamizing Pakistan`s political, economic and social life, begun in 1979, has proved to be a divisive wedge between Sunnis and Shiites. `The government says only one code of law-the Sunni code-applies to all, and the Shiites won`t agree to it,` says Ghufar Ahmed, a member of National Assembly from the Sunni fundamentalist Jamaat-i-Islami Party, an influential opposition group that has spearheaded the campaign to subordinate the state to Islam.|access-date=31 December 2016}}</ref>

In particular, dispute over how ''Zakat'' donations for the poor should be distributed fanned sectarian tension<ref name=talbot-271/><ref name="Religion and Violence7"/>
and religious riots broke out in 1983 and 1984.<ref name=talbot-251-islamization /> Shia were exempt from the Zakat tax on the grounds that they would contribute to their own Shia ulama for charitable work. But this exemption "led more and more Pakistanis to declare themselves as Shi’is" and this phenomenon "had the effect of hardening anti-Shi’i attitudes among Sunni Islamic activists."
<ref name=nasr-98>{{cite book|last1=Nasr|first1=Vali|editor2-last=Lee|editor2-first=Wilson|editor1-last=Hathaway|editor1-first=Robert|title=ISLAMIZATION AND THE PAKISTANI ECONOMY|date=2004|publisher=Woodrow Wilson International Center or Scholars|page=98|chapter-url=http://www.chicagobooth.edu/~/media/E49831A1165C49EBA902C83648F0CE36.pdf|access-date=30 January 2015|chapter=Islamization, the State and Development|quote=The fact that the government capitulated to the demands of the Shi’is and exempted them from zakat collection led more and more Pakistanis to declare themselves as Shi’is. This had the effect of hardening anti-Shi’i attitudes among Sunni Islamic activists. State policy therefore intensified sectarian conflict, which has since 1988 become one of the most visible religio-political axes of conflict in the country.}}</ref>

Differences in fiqh jurisprudence also arose in marriage and divorce, inheritance and wills and imposition of hadd punishments.<ref name=talbot-271/><ref name="Religion and Violence7"/>

Zia pursued anti-Shia policies<ref>{{Cite book|url=https://books.google.com/books?id=0Mx5DQAAQBAJ&q=zia+ul+haq+anti-shia+policies&pg=PA346|title=Faith-Based Violence and Deobandi Militancy in Pakistan|publisher=Springer|year=2016|isbn=9781349949663|pages=346|quote=The grave impact of that legacy was compunded by the Iranian Revolution, and Zia-ul Haq's anti-Shia policies, which added the violence and regimentation of the organization.}}</ref> and attacks on Shias also increased under Zia's presidency,<ref name=":22">{{Cite book|url=https://books.google.com/books?id=O7GPWbu8XKgC&q=gilgit+shias+1988+killing&pg=PT24|title=Around Rakaposhi|last=Jones|first=Brian H.|publisher=Brian H Jones|year=2010|isbn=9780980810721|quote=Many Shias in the region feel that they have been discriminated against since 1948. They claim that the Pakistani government continually gives preferences to Sunnis in business, in official positions, and in the administration of justice...The situation deteriorated sharply during the 1980s under the presidency of the tyrannical Zia-ul Haq when there were many attacks on the Shia population.}}</ref> with the first major sectarian riots in Pakistan breaking out in 1983 in [[Karachi]] and later spreading to [[Lahore]] and Balochistan.<ref name=":0">{{Cite news|url=https://www.chicagotribune.com/1987/11/10/sectarian-strife-threatens-pakistans-fragile-society/|title=Sectarian Strife Threatens Pakistan's Fragile Society|last=Broder|first=Jonathan|date=10 November 1987|work=Chicago Tribune|quote=Pakistan`s first major Shiite-Sunni riots erupted in 1983 in Karachi during the Shiite holiday of Muharram; at least 60 people were killed. More Muharram disturbances followed over the next three years, spreading to Lahore and the Baluchistan region and leaving hundreds more dead. Last July, Sunnis and Shiites, many of them armed with locally made automatic weapons, clashed in the northwestern town of Parachinar, where at least 200 died.|access-date=31 December 2016}}</ref> Sectarian violence became a recurring feature of the [[Muharram]] month every year, with sectarian violence between Sunnis and Shias taking place in 1986 in [[Parachinar]].<ref name=":0" /> In one notorious incident, the [[1988 Gilgit Massacre]], a Sunni lashkar attacked and massacred hundreds of Shias in Gilgit shortly after a Shia demonstration had attacked the federal minister Qasim Shah, according to Shia cleric Mohsin Najafi. This was later exaggerated in the late 1990s by Indian writers to claim that the Pakistani army and military dictatorship had sent Usama bin-Ladin and Pervez Musharraf to attack the Shias; many Indian outlets have repeated this claim in an effort to link the Pakistani army with Al-Qaeda. In fact, according to Azam Chaudhary who observed these events, the lashkar was raised from nearby Khyber-Pakhtunkhwa and also joined by some Sunni policemen. Because the Gilgit garrison - which was then mostly sent to the Siachen region in the standoff with India - did not stop the attack and in fact the government did not protect the Shias, a rumour developed that the attack had been encouraged by the regime. A decade later, Indian outlets attached both Pervez Musharraf and Usama bin-Ladin to spice up the story, but this is untrue - bin-Ladin was then in Afghanistan and Musharraf serving as commander of the 25th infantry brigade at Bahawalpur, in South Punjab.
<ref>{{cite journal|url=https://www.ssoar.info/ssoar/bitstream/handle/document/61317/ssoar-ethnoscripts-2014-1-chaudhary-The_ways_of_revenge_in.pdf?sequence=1&isAllowed=y |title=The ways of revenge in Chilas, Gilgit-Baltistan, Pakistan: Shia-Sunni clashes as blood feuds |journal=Zeitschrift für Aktuelle Ethnologische Studien |date=2014 |quote=Many Shias in the region feel that they have been discriminated against since 1948. They claim that the Pakistani government continually gives preferences to Sunnis in business, in official positions, and in the administration of justice...The situation deteriorated sharply during the 1980s under the presidency of the tyrannical Zia-ul Haq when there were many attacks on the Shia population. In one of the most notorious incidents, during May 1988 Sunni assailants destroyed Shia villages, forcing thousands of people to flee to Gilgit for refuge. Shia mosques were razed and about 100 people were killed}}</ref><ref>{{Cite news|url=http://www.rediff.com/news/2003/feb/26raman.htm|title=The Karachi Attack: The Kashmir Link|last=Raman|first=B|date=26 February 2003|work=Rediiff News|quote=A revolt by the Shias of Gilgit was ruthlessly suppressed by the Zia-ul Haq regime in 1988, killing hundreds of Shias. An armed group of tribals from Afghanistan and the North-West Frontier Province, led by Osama bin Laden, was inducted by the Pakistan Army into Gilgit and adjoining areas to suppress the revolt.|access-date=31 December 2016}}</ref><ref>{{Cite news|url=http://herald.dawn.com/news/1153556|title=This Muharram, Gilgit gives peace a chance|last=Taimur|first=Shamil|date=12 October 2016|work=Herald|quote=This led to violent clashes between the two sects. In 1988, after a brief calm of nearly four days, the military regime allegedly used certain militants along with local Sunnis to ‘teach a lesson’ to Shias, which led to hundreds of Shias and Sunnis being killed.|access-date=31 December 2016}}</ref><ref name=":16">{{Cite book|url=https://books.google.com/books?id=PYquDAAAQBAJ&q=gilgit+shias+osama+bin+laden&pg=PA37|title=International Organizations and The Rise of ISIL: Global Responses to Human Security Threats|publisher=Routledge|year=2016|isbn=9781315536088|pages=37–38|quote=Several hundred Shiite civilians in Gilgit, Pakistan, were massacred in 1988 by Osama Bin Laden and his Taliban fighters (Raman, 2004).}}</ref><ref>{{Cite book|url=https://books.google.com/books?id=19mPVOBZ_9YC&q=gilgit+shias+raped+1988&pg=PA134|title=The Making of Terrorism in Pakistan: Historical and Social Roots of Extremism|last=Murphy|first=Eamon|publisher=Routledge|year=2013|isbn=9780415565264|pages=134|quote=Shias in the district of Gilgit were assaulted, killed and raped by an invading Sunni lashkar-armed militia-comprising thousands of jihadis from the North West Frontier Province.}}</ref>

Among Sunni Muslims, Deobandis and Barelvis also had disputes.<ref name=talbot-251-islamization/> Zia favored Deobandi doctrine and the Sufi pirs of Sindh (who were Barelvi) joined the anti-Zia Movement for the Restoration of Democracy.<ref name=talbot-251-islamization />

A solid majority of Barelvis had supported the creation of Pakistan,<ref>{{Cite book|url=https://books.google.com/books?id=nzivCgAAQBAJ&q=barelvi+ulema+pakistan+movement&pg=PA167|title=State and Nation-Building in Pakistan: Beyond Islam and Security|last1=Long|first1=Roger D.|last2=Singh|first2=Gurharpal|last3=Samad|first3=Yunas|last4=Talbot|first4=Ian|publisher=Routledge|year=2015|isbn=9781317448204|pages=167|quote=In the 1940s a solid majority of the Barelvis were supporters of the Pakistan Movement and played a supporting role in its final phase (1940-7), mostly under the banner of the All-India Sunni Conference which had been founded in 1925.}}</ref> and Barelvi ''ulama'' had also issued fatwas in support of the [[Pakistan Movement]] during the 1946 elections,<ref>{{Cite book|url=https://books.google.com/books?id=WgFeAwAAQBAJ&q=Barelvi+ulema+pakistan+movement&pg=PA135|title=The Awakening of Muslim Democracy: Religion, Modernity, and the State|last=Cesari|first=Jocelyne|publisher=Cambridge University Press|year=2014|isbn=9781107513297|pages=135|quote=For example, the Barelvi ulama supported the formation of the state of Pakistan and thought that any alliance with Hindus (such as that between the Indian National Congress and the Jamiat ulama-I-Hind [JUH]) was counterproductive.}}</ref><ref>{{Cite book|url=https://books.google.com/books?id=XfI-hEI8a9wC&q=Barelvi+ulama+1946+elections&pg=PA87|title=Pakistan: The Struggle Within|last=John|first=Wilson|publisher=Pearson Education India|year=2009|isbn=9788131725047|pages=87|quote=During the 1946 election, Barelvi Ulama issued fatwas in favour of the Muslim League.}}</ref> but fortunately Islamic state politics in Pakistan was mostly in favour of Deobandi (and later Ahl-e-Hadith/[[Salafi]]) institutions.<ref name=":10">{{Cite book|url=https://books.google.com/books?id=0Mx5DQAAQBAJ&q=barelvi+ulema+pakistan+movement&pg=PA379|title=Faith-Based Violence and Deobandi Militancy in Pakistan|last1=Syed|first1=Jawad|last2=Pio|first2=Edwina|last3=Kamran|first3=Tahir|last4=Zaidi|first4=Abbas|publisher=Springer|year=2016|isbn=9781349949663|pages=379|quote=Ironically, Islamic state politics in Pakistan was mostly in favour of Deobandi, and more recently Ahl-e Hadith/Salafi, institutions. Only a few Deobandi clerics decided to support the Pakistan Movement, but they were highly influential.}}</ref> This was despite the fact that the majority of Deobandi clerics strongly [[opposition to the partition of India|opposed the partition of colonial India]] and only a few (although influential) Deobandi clerics had supported the Pakistan Movement.<ref name="Moj2015">{{cite book |last1=Moj |first1=Muhammad |title=The Deoband Madrassah Movement: Countercultural Trends and Tendencies |date=2015 |publisher=Anthem Press |isbn=9781783084463 |pages=84 |language=en}}</ref><ref name=":10" /> Zia forged a strong alliance between the army and Deobandi institutions.<ref name=":10" />

The Ahmadiyas, whose members include "many leading scientists and professionals", complain that under Zia they have been "removed from jobs and charge that their property and mosques have been seized".The Ahmadiyas, among whose members are many leading scientists and professionals, differ from other Moslems in that they do not regard Mohammad as the last prophet. They have been removed from jobs and charge that their property and mosques have been seized under Mr. Zia's regime.<ref name=WEISMAN-14-01-15 />

===Women's dissent===
{{Main|Women in Pakistan}}
Women's groups ([[All Pakistan Women's Association]] and [[Women’s Action Forum]]) opposed the ''Diyat'' Ordinance (which set the "blood money" compensation for a female victim at half that for a male),<ref name=talbot-281-halfwomen /> and later the proposed Law of Evidence (which required two women to testify in place of one man).<ref name="talbot-281-halfwomen"/> They challenged the law on an Islamic basis, offering an alternative interpretation of the Quranic [[ayah]] (verse)<ref>{{cite quran|2|282|s=ns}}</ref> used as the basis of the law, emphasising that in other ayah, men and women are assumed to be equal, and noting the importance of the importance of the testimony of two of Muhammad's wives, ([[Khadija]] and [[Aisha]]) in early Muslim history.<ref name="talbot-281-halfwomen" /> (Despite their pious rebuttal, the protesters were met with tear gas and ''lathi'' (baton) charges by police outside the High Court building.<ref name="talbot-281-halfwomen" /> Ulama condemned the protest as an act of apostasy.<ref name="talbot-281-halfwomen" />)

Internationally, [[Human Rights Watch]] complained that the exclusion of women's testimony in rape cases (from ''Hudood'' Ordinances (1979), as well as the Law of Evidence and proposed laws regarding ''Qisas'' and ''Diyat'', relegated women to "inferior legal status" to men.<ref name=HRW1992>{{cite web|title=1992 Report. Pakistan. Double Jeopardy Police Abuse of Women in Pakistan|url=https://www.hrw.org/reports/1992/pakistan/|website=Human Rights Watch|access-date=10 December 2014}}</ref>

===Support===
[[Anis Ahmad]] of the [[International Islamic University, Islamabad|International Islamic University]] credits controversy over the "fundamentalism" of Islamisation to the failure of "Muslim elites" to understand "the very nature of divinely revealed law."<ref name="AAILE1996: 14" /> He believes these elites have adopted the "intellectual culture and political system" of the British colonizers due to which they have used a "sociological approach" to understanding Sharia law,<ref name="AAILE1996: 14">[[#AAILE1996|Ahmed, ''Islamization of Laws and Economy'', 1996, Introduction]]: pp.14, 17, 21</ref>
and to assert that Islamic punishments such as amputation, stoning and lashing are "[[bedouin]]", "tribal", "premodern", "harsh", "outdated" and "barbaric."<ref name="AAILE1996: 14" /> He goes on to contend that unlike Sharia, secularism calls for leniency towards the criminal, ignoring the suffering of the victim of crime.<ref name=ahmad-22>{{cite book|last1=Kennedy|first1=Charles|others=Anis Ahmad, author of introduction|title=Islamization of Laws and Economy, Case Studies on Pakistan|date=1996|publisher=Institute of Policy Studies, The Islamic Foundation|page=22|chapter=Introduction}}</ref> He believes that sexual indulgence is not a matter of personal freedom but "rebellion against the established moral norms in a society",<ref name=ahmad-22 /> that application of Sharia to non-Muslims is simply a matter of trying to "persuade them to act rationally"<ref name=ahmad-21>{{cite book|last1=Kennedy|first1=Charles|others=Anis Ahmad, author of introduction|title=Islamization of Laws and Economy, Case Studies on Pakistan|date=1996|publisher=Institute of Policy Studies, The Islamic Foundation|page=21|chapter=Introduction}}</ref> and that criticism of the [[Persecution of Ahmadis#Pakistan|treatment of the Ahmadiyya]] community has been made based on the [[Punjab Disturbances Court Of Inquiry|Munir Report]] which has been "condemned by the ''ulama''... as a biased work."<ref name="AAILE1996: 29">[[#AAILE1996|Ahmed, ''Islamization of Laws and Economy'', 1996, Introduction]]: p.29</ref> Ahmad calls for development of educational institutions to include adequate information on current issues so that ''[[ijtihad]]'' can be exercised in social, political, economic and legal areas<ref name=ahmad-26>{{cite book|last1=Kennedy|first1=Charles|others=Anis Ahmad, author of introduction|title=Islamization of Laws and Economy, Case Studies on Pakistan|date=1996|publisher=Institute of Policy Studies, The Islamic Foundation|page=26|chapter=Introduction}}</ref> and believes that while Zia and other politicians may be criticized for "piecemeal and at times frivolous" implementation, the "Islamic ideals" of Islamization have "the commitment" of the Muslim people in Pakistan.<ref name="AAILE1996: 27">[[#AAILE1996|Ahmed, ''Islamization of Laws and Economy'', 1996, Introduction]]: p.27</ref>

==Legacy==
Islamization has been harshly criticized. Author Ian Talbot has accused it of appearing "to have reduced a great faith tradition, rich in humanity, culture and a sense of social justice, to a system of punishments and persecution of minority groups."<ref name=talbot-286>{{cite book|last1=Talbot|first1=Ian|title=Pakistan, a Modern History|url=https://archive.org/details/pakistanmodernhi00talb|url-access=registration|date=1998|publisher=St.Martin's Press|location=NY|page=[https://archive.org/details/pakistanmodernhi00talb/page/286 286]|isbn=9780312216061 }}</ref> Author Zafar Iqbal Kalanauri suggests that Zia's interpretation of Islam may have "contributed to the rise of fundamentalism, obscurantism and retrogression" in Pakistan.<ref name=zk-zina /> Another authority on the topic, Christophe Jaffrelot attributes the rise of Islamic movements including the Lashkar-e-Taiba as an 'unintended consequence of the policy of Islamisation and support for Jihad movements' undertaken by Pakistani authorities since Zia. A blurb for a book of essays on ''The Islamization of Pakistan, 1979-2009'' published by the Middle East Institute, sums up the 30 year impact of Islamisation beginning with Zia as, "a country’s founding creed violated, much of its resources misspent, and its social fabric rent".<ref name=MEI-sum>{{cite web|title=The Islamization of Pakistan, 1979-2009|url=http://www.mei.edu/content/islamization-pakistan-1979-2009|website=Middle East Institute|access-date=19 December 2014|date=14 July 2009}}</ref> Under Zia stricter Islamic rules did not appear to lead to greater social tranquility. Crime, drinking, drug addiction are thought to have increased.<ref name=WEISMAN-14-01-15 />

Others, at least writing in the 1980s and 1990, thought the impact of the process was overstated. In 1986 New York Times journalist Steven Wiesman wrote that religious and political leaders agreed that Islamisation changes were "largely marginal or cosmetic."<ref name=WEISMAN-14-01-15>{{cite news|last1=WEISMAN|first1=STEVEN R.|title=THE 'ISLAMIZATION' OF PAKISTAN: STILL MOVING SLOWLY AND STILL STIRRING DEBATE|work=The New York Times |url=https://www.nytimes.com/1986/08/10/world/the-islamization-of-pakistan-still-moving-slowly-and-still-stirring-debate.html|access-date=14 January 2015|agency=New York Times|date=10 August 1986}}</ref> Academic Charles H. Kennedy, wrote in the mid-1990s that while during the Zia administration "hardly a day passed in which one or more of the issues of the program were not the focus of political debate in Pakistan," the process had relatively small impact, as policies were "already in place", "cosmetic", or were "left unimplemented".<ref name=ILRP-1990>{{cite journal|last1=Kennedy|first1=Charles|title=Islamization and Legal Reform in Pakistan, 1979-1989|journal=Pacific Affairs|date=Spring 1990|volume=63|issue=1|pages=62–67|jstor=2759814|doi=10.2307/2759814}}</ref>
<ref name=kennedy-35>{{cite book|last1=Kennedy|first1=Charles|title=Islamization of Laws and Economy, Case Studies on Pakistan|date=1996|publisher=Institute of Policy Studies, The Islamic Foundation|page=35|quote=[Zia's Islamisation] reforms were either (a) a mere reinforcement and in some cases tightening of policies or practices already in place (e.g. ''chadar'', gambling, prohibition); (b) cosmetic changes in existing policies or practices (e.g. profit-loss sharing scheme, ''zabat'' collection); (c) were left unimplemented or nonjusticiable (e.g. the ban on ''riba'', textbook reform); (d) if implemented, constituted relatively minor changes in existing policies or practices (e.g. educational reform, introduction of Islamic banks).}}</ref> Kennedy's explanation for why the rhetoric on Islamisation would be so extravagant while the reality was so modest is that both proponents and opponents had incentives to exaggerate its scope and impact—doing so would rally their respective political bases of support. On the other hand, the "insiders" responsible for a functioning state, who implemented Islamisation had (and have) an incentive to preserve stability and order and make sure Islamisation took place in an "ordered and prudent" (and cautious) manner.<ref name="CKILE1996: 43-47">[[#CKILE1996|Kennedy, ''Islamization of Laws and Economy'', 1996]]{{Broken anchor|date=2024-07-26|bot=User:Cewbot/log/20201008/configuration|target_link=#CKILE1996|reason= }}: p.43-47</ref> Exaggeration by enemies of Islamisation in the media and opposition (e.g. [[Benazir Bhutto]]) were not censored or even contested by the government or government bureaucracy, as they "proved" to Islamic activists on the other side of the issue that the "government was enthusiastically implementing ''Nizam-e-Mustapha''".<ref name="CKILE1996: 47">[[#CKILE1996|Kennedy, ''Islamization of Laws and Economy'', 1996]]{{Broken anchor|date=2024-07-26|bot=User:Cewbot/log/20201008/configuration|target_link=#CKILE1996|reason= }}: p.47</ref> Lacking in depth and homegrown knowledge of Pakistan, the foreign press accepted these reports.<ref name="CKILE1996: 47" />

According to Zafar Iqbal Kalanauri, the law under Zia is unstable. It has frequently changed or threatened to change because of differences of opinion among the ruling factions. There are inconsistencies
*Between legal norms and socially observed norms;
*Between statutory legal norms and the norms applied in practice in the courts (e.g. Hadd is difficult to implement because confession, retraction of confession and strict standards of proof make it difficult to execute);
*Between different formal legal norms (e.g. non-compliance with the ''Muslim Family Laws Ordinance'' is tolerated by the courts but should be strictly punished under the ''Zina Ordinance''). Another example of this contradiction is that the constitution assures women equal status on the one hand but, on the other hand, they are greatly discriminated in criminal law.<ref name=zk-zina />

==Post-Zia ul-Haq Islamisation==
After the death of Zia, Benazir Bhutto, the daughter of Zulfikar Ali Bhutto, the Prime Minister he had overthrown and executed—was elected Prime Minister. Although she was an outspoken opponent of Zia's Islamisation, she did not dismantle the Federal Shariat Court, the Shariat Appellate Bench of the Supreme Court, nor repeal the Hudood and Ramazan Ordinances.<ref name="CKILE1996: 49">[[#CKILE1996|Kennedy, ''Islamization of Laws and Economy'', 1996]]{{Broken anchor|date=2024-07-26|bot=User:Cewbot/log/20201008/configuration|target_link=#CKILE1996|reason= }}: p.49</ref> She did, however, release all women convict prisoners in Pakistan not convicted of murder (most of whom were in prison because of the Hudood Ordinances), as one of her first acts after assuming power,<ref name="CKILE1996: 69">[[#CKILE1996|Kennedy, ''Islamization of Laws and Economy'', 1996]]{{Broken anchor|date=2024-07-26|bot=User:Cewbot/log/20201008/configuration|target_link=#CKILE1996|reason= }}: p.69</ref> and generally practiced "bureaucratic neglect" of the Islamisation apparatus.<ref name="CKILE1996: 50">[[#CKILE1996|Kennedy, ''Islamization of Laws and Economy'', 1996]]{{Broken anchor|date=2024-07-26|bot=User:Cewbot/log/20201008/configuration|target_link=#CKILE1996|reason= }}: p.50</ref>

In October 1990, the Qisas<ref>"punishment by causing similar hurt at the same part of the body of the convict as he has caused to the victim or by causing his death if he has committed ''qatl-i-amd'' in exercise of the right of the victim or a Wali."</ref> and Diyat<ref>"compensation specified in section 323 payable to the heirs of the victims."</ref>
Ordinance (QDO) was introduced by then President Ghulam Ishaq Khan.<ref name=shahQD>{{cite news|last1=Shah|first1=Waseem Ahmad|title=Pros and cons of Qisas and Diyat law|url=http://www.dawn.com/news/1043236|access-date=12 January 2015|publisher=dawn.com|date=16 September 2013}}</ref>
In 1997 during the government of [[Nawaz Sharif]], the Qisas and Diyat Ordinance, now covering all offenses against human body, became an Act of the Parliament. As a consequence, crimes affecting human body in Pakistan are no longer considered offences "against the society or state", but "against an individual". Thus, if the victim or its family so decide, offenders "can walk free even after committing" murder.<ref name=shahQD />

In 1996 the Abolition of Whipping Act (passed by Benazir Bhutto's [[Pakistan People's Party]]), forbade sentences/punishments of whipping offenders except when imposed as a hadd punishment.<ref name=HRW-46>{{cite book|title=Prison Bound: The Denial of Juvenile Justice in Pakistan|publisher=Human Rights Watch|date=1999|page=46|url=https://books.google.com/books?id=Ej3oZB3XypUC&q=Abolition+of+Whipping+Act+1996&pg=PA46|access-date=29 January 2015|isbn=9781564322425}}</ref>
This law has "greatly reduced" the instances of corporal punishment.<ref name=Peters-160>{{cite book|last1=Peters|first1=Rudolph|title=Crime and Punishment in Islamic Law: Theory and Practice from the Sixteenth ...|date=2005|publisher=Cambridge University Press|page=160|url=https://books.google.com/books?id=7EAsmttzXjcC&q=hudood+ordinance+pakistan&pg=PA156|isbn=9781139445344}}</ref>

To lift the restrictions on jurisdiction of Shariat, an "Enforcement of Sharia Act" first promulgated by Zia in 1988 but not passed by parliament (and so allowed to expire under Benazir Bhutto), was voted into law by parliament under Nawaz Sharif's government in 1991. The law gave jurisdiction to Sharia-related cases to the Federal Shariat Court, rather than the less Islamically activist-inclined High Courts.<ref name="CKILE1996: 101">[[#CKILE1996|Kennedy, ''Islamization of Laws and Economy'', 1996]]{{Broken anchor|date=2024-07-26|bot=User:Cewbot/log/20201008/configuration|target_link=#CKILE1996|reason= }}: p.101</ref> But whether the law had more political impact than legal is debated because it kept in place a limited standard of Supremacy of Sharia. The standard of interpretation for superior courts allowed only rulings "consistent with Islamic principles of jurisprudence" when "more than one interpretation" of the law "is possible."<ref name="CKILE1996: 94">[[#CKILE1996|Kennedy, ''Islamization of Laws and Economy'', 1996]]{{Broken anchor|date=2024-07-26|bot=User:Cewbot/log/20201008/configuration|target_link=#CKILE1996|reason= }}: p.94</ref>

===Court decisions===
{{Further|Islamic economics in Pakistan#Policies and difficulties}}
In the absence of strong political leadership or social consensus after Zia's death, superior courts have been a major, some (Charles Kennedy) say the "real" determinant of the "content and pace of Islamic reform", through their interpretation of their jurisdiction to consider what laws and actions are "repugnant to Islam".<ref name="CKILE1996: 95">[[#CKILE1996|Kennedy, ''Islamization of Laws and Economy'', 1996]]{{Broken anchor|date=2024-07-26|bot=User:Cewbot/log/20201008/configuration|target_link=#CKILE1996|reason= }}: p.95</ref> Another scholar (Martin Lau) calls Islamisation process in Pakistan largely "judge-led".<ref name=Abiad>{{cite book|last1=Abiad|first1=Nisrine|first2= Farkhanda Zia |last2=Mansoor|title=Criminal Law and the Rights of the Child in Muslim States: A Comparative and ...|year=2010|publisher=BIICL|page=238|url=https://books.google.com/books?id=kyV0EpoB0vMC&q=pakistan+largely+judge-led&pg=PA238|access-date=28 January 2015|isbn=9781905221455}}</ref>

One roadblock in the way of striking down laws that activists felt were unIslamic was the lack of supremacy of shariat in the constitution. Activists had tried to use the Objectives Resolution with its principle that "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," but the resolution was originally part of the ''preamble'' of the constitution, rather than ''in'' the constitution itself, and as a result a 1973 ruling had declared it to "not have same status or authority" as the "normal written constitution". In 1985, the constitution was amended and the Objectives Resolution became article 2-A of the "restored constitution".<ref name="CKILE1996: 96">[[#CKILE1996|Kennedy, ''Islamization of Laws and Economy'', 1996]]{{Broken anchor|date=2024-07-26|bot=User:Cewbot/log/20201008/configuration|target_link=#CKILE1996|reason= }}: p.96</ref> With this change, Dr. [[Tanzil-ur-Rahman]]—a particularly "skillful" Islamic activist and judicial activist—argued that ordering Muslims' lives "in accordance with the teachings and requirements of Islam as set out in the Holy Quran and Sunnah," as specified in article 2A was a "supra-Constitutional" ''[[Pure Theory of Law#.27Basic Norm .28Grundnorm.29.27|grund norm]]'' of law in Pakistan.<ref name="CKILE1996: 95" /> Supporting Tanzil-ur-Rahman interpretation were several decisions handed down in the late 1980s and early 1990s declaring repugnant to Islam such things as the payment of court fees, interest on loans, or investments with a fixed rate of return, the requirement that divorce decrees needed to be recorded by family court to be valid.<ref name="CKILE1996: 99-100">[[#CKILE1996|Kennedy, ''Islamization of Laws and Economy'', 1996]]{{Broken anchor|date=2024-07-26|bot=User:Cewbot/log/20201008/configuration|target_link=#CKILE1996|reason= }}: p.99-100</ref>

The Supreme Court addressed several important issues pertaining to Islamisation around this time period (during Benazir's time in office), including decisions that found unIslamic provisions in the Pakistan Penal Code pertaining to murder, manslaughter and other forms of bodily hurt,<ref>in the 1989 case: Federation of Pakistan v. Gul Hasan Khan, PLD 1989, SC633, (quoted in {{cite book|last1=Kennedy|first1=Charles|others=Anis Ahmad, author of introduction|title=Islamization of Laws and Economy, Case Studies on Pakistan|date=1996|publisher=Institute of Policy Studies, The Islamic Foundation|page=80|chapter=Introduction|ref=AAILE1996}}</ref>
and in most of Zulfikar Ali Bhutto's land reforms of 1972 and 1977<ref>In 1989 case, Qazalbash Qaqf v. Chief Land Commissioner, Punjab, PLD 1990, SC 99 (quoted in {{cite book|last1=Kennedy|first1=Charles|others=Anis Ahmad, author of introduction|title=Islamization of Laws and Economy, Case Studies on Pakistan|date=1996|publisher=Institute of Policy Studies, The Islamic Foundation|page=80|chapter=Introduction|ref=AAILE1996}}</ref> (ruling for example that Islam does not countenance compulsory [[redistribution of wealth]] or land for the purpose of alleviating poverty, however laudable the goal of poverty relief may be.<ref name=kennedy-120>{{cite book|last1=Kennedy|first1=Charles|title=Islamization of Laws and Economy, Case Studies on Pakistan|date=1996|publisher=Institute of Policy Studies, The Islamic Foundation|page=120}}</ref><ref>As of 2014, this ruling appears to have remained in effect according to: {{cite web|last1=Butt|first1=Aamir|title=Ibtidah Current Affairs Social Development Creative Writing Photo Journalism Inspiration Philosophy and Natural Sciences LAND REFORMS IN PAKISTAN-A REVIEW|url=http://laaltain.com/ibtidah/2014/05/03/land-reforms-in-pakistan-a-review/|website=laaltain.com |access-date=1 January 2015}}</ref><ref name=khanSS-SP>{{cite web|last1=Khan|first1=Shahid Saeed|title=Land Reforms – History, Legal challenges and how Shariat Courts abolished them|url=http://secularpakistan.wordpress.com/2010/09/23/land-reforms-history-legal-challenges-and-how-shariat-courts-abolished-them/|website=secularpakistan|access-date=2 January 2014|date=2010-09-22}}</ref>)

However bank interest still had not been banned in Pakistan curse to Article 203-B of the constitution (mentioned above) which exempted laws dealing with finance from subordination to the sharia.
To remedy this situation Islamic activists strove to convince the public with numerous conferences and copious literature that an interest-free economy as viable and religiously necessary, to pass a bill in parliament making shariat "superordinate" to the constitution, and to encourage superior courts to expand their definitions of jurisdiction of shariat.<ref name="CKILE1996: 129-31">[[#CKILE1996|Kennedy, ''Islamization of Laws and Economy'', 1996]]{{Broken anchor|date=2024-07-26|bot=User:Cewbot/log/20201008/configuration|target_link=#CKILE1996|reason= }}: p.129-30</ref>

;Faisal Case

In 1990, Tanzil-ur-Rehman was appointed to the Federal Sharia Court and about a year later (November 1991) issued a "monumental decision" (Faisal vs. Secretary, Ministry of Law) that appeared as though it might put an end to interest-bearing loans and accounts in Pakistan.<ref>Case: Mahmood-ur-Rehman Faisal vs. Secretary, Ministry of Law and Parliamentary Affairs</ref><ref name = "CKILE1996: 134-7">[[#CKILE1996|Kennedy, ''Islamization of Laws and Economy'', 1996]]{{Broken anchor|date=2024-07-26|bot=User:Cewbot/log/20201008/configuration|target_link=#CKILE1996|reason= }}: p.134-7</ref>

The Faisal decision forbade ''riba'' absolutely without exceptions, overturning 20 federal and provincial financial laws as repugnant to Islam. It defined ''riba'' as "any addition, however slight, over and above the principal", including any system of markup, any indexing for [[inflation]], payment by value rather than kind. It forbade ''riba'' in "production loans" as well as "consumptive" loans. It specifically declared invalid two [[Islamic Modernist]] interpretations that avoided strict prohibition: considering anti-''riba'' Quranic verses (2:275-8) allegorical, and use of ''ijtihad'' (independent reasoning) of the issue based on ascertaining the public good (''[[maslaha]]'').<ref name="CKILE1996: 135-6">[[#CKILE1996|Kennedy, ''Islamization of Laws and Economy'', 1996]]{{Broken anchor|date=2024-07-26|bot=User:Cewbot/log/20201008/configuration|target_link=#CKILE1996|reason= }}: p.135-6</ref>

After much stalling by the government and bureaucracy, the Faisal case was upheld in 1999 by the Shariah Appellate Bench in the "Aslam Khaki" decision, with detailed orders to start the interest free economy.<ref name=wwics>{{cite book|editor1-last=Hathaway Wilson Lee|editor1-first=Robert M.|title=ISLAMIZATION AND THE PAKISTANI ECONOMY|date=2006|publisher=Woodrow Wilson International Center or Scholars|chapter-url=http://www.chicagobooth.edu/~/media/E49831A1165C49EBA902C83648F0CE36.pdf|chapter=Pakistan’s Superior Courts and the Prohibition of Riba|access-date=19 January 2015}}</ref><ref name=wblr-393>{{cite book|title=The World Bank Legal Review|publisher=Walters Kluwer|page=393|chapter-url=https://books.google.com/books?id=2utjpyTxGqMC&q=Aslam+Khaki+decision&pg=PA393|chapter=Islamic Law on Interest: 1999 Pakistan Supreme Court Ruling on Riba|year=2003|isbn=9789041120014|access-date=26 January 2015}}{{Dead link|date=September 2024 |bot=InternetArchiveBot |fix-attempted=yes }}</ref> Pleading that implementation of the judgment would "create enormous problems" for Pakistan's economy by hurting the domestic western-style banking industry and Pakistan's "financial dealings with the outside world", the government was given an additional year by the court to Islamise by the Bench.<ref name="nisar-6">{{cite web|url=http://www.shariqnisar.com/images/My_writings/Problems%20Faced%20With%20Islamic%20Banking%20%28Journal%20of%20West%20Asia%20Studies%20AMU%29.pdf|title=Contemporary Issues Facing Islamic Banking|website=shariqnisar.com|page=6|last1=Nisar|first1=Shariq|author-link=Nisar Shariq|access-date=27 January 2015|archive-url=https://web.archive.org/web/20150130043844/http://www.shariqnisar.com/images/My_writings/Problems%20Faced%20With%20Islamic%20Banking%20%28Journal%20of%20West%20Asia%20Studies%20AMU%29.pdf|archive-date=30 January 2015|url-status=dead}}</ref>

By this time, however, [[Pervez Musharraf]] had come to power in a coup and limited the power of the courts. Two justices of the Shariah Appellate Bench resigned rather than take a new oath of office, and a new appeal with new judges found many "errors" in the Aslam Khaki case and overturned the ruling of a couple months earlier.
<ref name=nisar-6 /><ref name="wwic2006: 111-3">[[#wwic2006|Kennedy, ''Pakistan’s Superior Courts and the Prohibition of Riba'', 2006]]{{Broken anchor|date=2024-07-26|bot=User:Cewbot/log/20201008/configuration|target_link=#wwic2006|reason= }}: p.111-113</ref>

===Protection of Women Act===
After 2001, attention to revise Hudood Ordinance was given by a number of government appointed commissions, a televised several weeks-long-televised debate on the subject<ref>"No debate on Hudood Allah (Allah's laws as prescribed in Quran and Sunnah)-is the Hudood Ordinance (Man's interpretation of Allah's law) Islamic?" on Geo television channel</ref> In 2006, then [[President of Pakistan|President]] Pervez Musharraf proposed reform of the ordinance,<ref>''[[The Hindu]]'', [https://web.archive.org/web/20060704234805/http://www.hindu.com/2006/07/03/stories/2006070304171400.htm "Musharraf wants Hudood laws amended"]</ref> and in November/December the "[[Women's Protection Bill|Protection of Women (Criminal Laws Amendment) Act]]" was passed and signed.<ref>[http://www.dawn.com/2006/12/02/top7.htm "Musharraf signs Women's bill"]</ref> The bill retained only Adultery in the Zina Ordinance, allowing rape to be prosecutable under civil law. It prevents unsuccessful complaints of adultery or rape from being converted into charges of fornication, and adds to the Pakistan Penal Code a new offense of false accusation of fornication.<ref name="ML252007: 1308">[[#ML252007|Lau, "Twenty-Five Years of Hudood Ordinances", 2007]]: p.1308</ref>

===Public support===
Islamisation has strong public support in Pakistan. According to Shajeel Zaidi, a million people attended Zia's funeral because he had given them what they wanted: more religion.<ref>{{Cite news|url=http://blogs.tribune.com.pk/story/38972/in-defence-of-ziaul-haq/|title=In defence of Ziaul Haq|last=Zaidi|first=Shajeel|date=17 August 2016|work=Express Tribune}}</ref> A PEW opinion poll found that 84% of Pakistanis favoured making Sharia the official law of the land.<ref>{{Cite web|url=http://www.pewforum.org/2013/04/30/the-worlds-muslims-religion-politics-society-beliefs-about-sharia/|title=Chapter 1: Beliefs About Sharia|date=2013-04-30|website=Pew Research Center's Religion & Public Life Project|access-date=2016-12-04}}</ref> According to the 2013 Pew Research Center report, the majority of Pakistani Muslims also support the death penalty for those who leave Islam (62%). In contrast, support for the death penalty for those who leave Islam was only 36% in fellow South Asian Muslim country Bangladesh (which shared heritage with Pakistan).<ref>{{Cite news|url=https://www.washingtonpost.com/news/worldviews/wp/2013/05/01/64-percent-of-muslims-in-egypt-and-pakistan-support-the-death-penalty-for-leaving-islam/|title=Majorities of Muslims in Egypt and Pakistan support the death penalty for leaving Islam|newspaper=Washington Post|access-date=2016-12-04}}</ref>

A poll conducted by [[Gallup International Association|Gallup]] Pakistan during January 2011 of over 2,700 men and women in rural and urban areas of all four provinces of the country, found 67% of Pakistanis responding yes to the question ''In your opinion should government take steps to ‘Islamise’ the society?'' 13% of those polled answered that Pakistan did not need Islamisation and 20% gave no response.<ref name="poll">{{cite web|title=Majority of Pakistanis want government to Islamise society: Gallup Poll|url=http://tribune.com.pk/story/179464/majority-of-pakistanis-want-government-to-islamise-society/|website=Express Tribune|access-date=23 December 2014|date=31 May 2011}}</ref> In 2016 an opinion poll by PEW found that 78% of Pakistanis said that the country's laws should strictly follow the Quran and a further 16% of Pakistanis said that the laws should follow the values and principles of Islam, but not strictly follow. This was the highest figure amongst all Muslim populations surveyed by PEW.<ref>{{Cite web|url=http://www.pewglobal.org/2016/04/27/the-divide-over-islam-and-national-laws-in-the-muslim-world/|title=The Divide Over Islam and National Laws in the Muslim World|last=Poushter|first=Jacob|date=2016-04-27|website=Pew Research Center's Global Attitudes Project|access-date=2016-12-04}}</ref>

A 2010 opinion poll by PEW Research Centre also found that 87% of Pakistanis considered themselves 'Muslims first' rather than a member of their nationality. This was the highest figure amongst all Muslim populations surveyed. In contrast only 67% in Jordan, 59% in Egypt, 51% in Turkey, 36% in Indonesia and 71% in Nigeria considered themselves as 'Muslim first' rather than a member of their own nationality.<ref>{{Cite web|url=http://www.pewglobal.org/2006/07/06/muslims-in-europe-economic-worries-top-concerns-about-religious-and-cultural-identity/254-5/|title=What Do You Consider Yourself First?|date=2010-03-31|website=Pew Research Center's Global Attitudes Project|access-date=2016-12-04|archive-date=25 April 2019|archive-url=https://web.archive.org/web/20190425074821/https://www.pewglobal.org/2006/07/06/muslims-in-europe-economic-worries-top-concerns-about-religious-and-cultural-identity/254-5/|url-status=dead}}</ref>


==See also==
General Zia's advice to the deprived and the dispossessed was that ''"It is not for the employers to provide roti (bread), kapra (clothes) aur (and)makan (homes). It was for God Almighty who is the provider of livelihood to his people. Any increase or decrease in your sustenance comes from Him. Trust in God and He will bestow upon you an abundance of good things in life."''
* [[Islamization]]
* [[International propagation of Salafism and Wahhabism]]
* [[Petro-Islam]]
* [[Bengali Language Movement]]
* [[Blasphemy law in Pakistan]]
* [[Secularism in Pakistan]]
* [[Hudood Ordinance]]
* [[2020 Karak temple attack]]


== Bibliography ==
Demands for higher wages, better working conditions, social security, old age benefits and compensation for accidents, were no justification for protests and strikes. Industrialists were assured that any kind of industrial unrest resulting from strikes or any other trade union activity would be suppressed. Maximum punishment to the offenders was three years rigorous imprisonment and/or whipping. On [[January 2]], [[1978]] police mercilessly killed 19 workers as the management of the Colony Textile Mill in [[Multan]] sought assistance from the police in its dispute with the striking workers.


* Khan, Ayesha. The Women's Movement in Pakistan: Activism, Islam and Democracy. United Kingdom, Bloomsbury Publishing, 2018.
==Qisas and Diyat Ordinance 1990==
* Malik, I.. State and Civil Society in Pakistan: Politics of Authority, Ideology and Ethnicity. United Kingdom, Palgrave Macmillan UK, 1996.
With the passing of the Qisas and Diyat Ordinance in 1990, the victim (or heirs of the victim) of a crime now have the right to inflict injuries on the offender identical to the ones sustained by the victim. The law also allows offenders to absolve themselves of the crime by paying compensation to the victim or their heirs. In the already existing system of bribery and corruption, it gives free hand to the people with money. The Human Rights activists say that in effect this means, that rich people can get away with willful murder.


===Conclusion===
==References==
{{Reflist|30em}}
The Islamization process, which was used as a political weapon, has caused severe damage to Pakistani life. Wrong interpretation of Islam has resulted in the rise of fundamentalism, obscurantism and retrogression. Since the death of [[General Zia]], inconsistency and instability prevails in Pakistani laws.


==Bibliography==
Instability means that the law is frequently changing or is under threat of change because of differences of opinion among the ruling factions. Three of the most obvious inconsistencies in Zia's Islamic law are :
{{Wikiquote}}
*Those between legal norms and socially observed norms;
*[https://books.google.com/books?id=lBSamwEACAAJ Jaffrelot, Christophe (2016), The Pakistan Paradox: Instability & Resilience, Oxford University Press.]
*Those between statutory legal norms and the norms applied in practice in the courts (e.g. Hadd is difficult to implement as confession, retraction of confession and strict standards of proof make it difficult to execute);
*{{cite book|last1=Nasr|first1=Seyyed Vali Reza Nasr|title=Mawdudi and the Making of Islamic Revivalism|date=1996|publisher=Oxford University Press|location=Oxford, New York|url=https://books.google.com/books?id=I07ykFUoKTUC&q=islam+was+a+revolutionary+ideology+and+a+dynamic+movement&pg=PA50 |ref=SVRN1996|isbn=9780195357110}}
*Those between different formal legal norms (e.g. non-compliance with the ''Muslim Family Laws Ordinance'' is compromised by the courts but is strictly punished under the ''Zina Ordinance''). Another example of this contradiction is that the constitution assures women equal status on the one hand but, on the other hand, they are greatly discriminated in criminal law.
*{{cite book|last1=Kennedy|first1=Charles|others=Anis Ahmad, author of introduction|title=Islamization of Laws and Economy, Case Studies on Pakistan|date=1996|publisher=Institute of Policy Studies, The Islamic Foundation|page=21|chapter=Introduction|ref=AAILE1996}}
====Sectarianism====
*{{cite book|last1=Kennedy|first1=Charles|title=Islamization of Laws and Economy, Case Studies on Pakistan|date=1996|publisher=Institute of Policy Studies, The Islamic Foundation|ref=CKILE}}
Islam, which should have served to unite the people of Pakistan (as over 90% of them are Muslims),has been, and is being, misused to divide them into mutually hostile sectarian groups and to divert their attention from basic social and economic problems.
*{{cite journal|last1=Lau|first1=Martin|title=Twenty-Five Years of Hudood Ordinances- A Review|journal=Washington and Lee Law Review|date=1 September 2007|volume=64|issue=4|page=1292|url=http://scholarlycommons.law.wlu.edu/cgi/viewcontent.cgi?article=1207&context=wlulr|access-date=18 November 2014|ref=ML252007}}
*Ghattas, Kim: ''Black wave : Saudi Arabia, Iran and the rivalry that unravelled the Middle East''. Wildfire, London 2020, {{ISBN|978-1-4722-7110-5}}.


{{Zia-ul-Haq's Government}}
This division arose during the 1980s when Shi'ite extremists received support from Fundamentalist [[Iran]] leading to violent attacks on many Sunni Muslims at the time which prompted Zia-ul-Haq and [[ISI]] Director General [[Akhtar Abdur Rehman]] to keep a close watch on the activities of Shi'ite Islamic groups and code named them as ''Khatmal'' (Bed Bugs).
{{IslamismSA}}
{{Islamism}}
The myth of popular support for religious parties has repeatedly been exploded by the electorate until now. Religious parties have been able to establish a provincial government in 2002 elections which never happened before and sectarian and religious hate mongers have proliferated. Major parties are courting leaders of religious parties, while latter's militias continue fanning the flames of sectarianism.


[[Category:Law in Pakistan]]
[[Category:Law of Pakistan]]
[[Category:1980s in Islam]]
[[Category:Conservatism in Pakistan]]
[[Category:Islamism in Pakistan]]
[[Category:Political history of Pakistan]]
[[Category:Islamization|Pakistan]]
[[Category:Policies of Pakistan]]
[[Category:Muhammad Zia-ul-Haq]]
[[Category:Military government of Pakistan (1977–1988)|Islamization]]

Latest revision as of 20:37, 28 November 2024

Islamization (Urdu: اسلامی حکمرانی) or Shariazation, has a long history in Pakistan since the 1950s, but it became the primary policy,[1] or "centerpiece"[2] of the government of General Muhammad Zia-ul-Haq, the ruler of Pakistan from 1977 until his death in 1988.[citation needed]

Zia is often identified as "the person most responsible for turning Pakistan into a global center for political Islam."[3] Zia-ul-Haq committed himself to enforcing his interpretation of Nizam-e-Mustafa ("Rule of the prophet" Muhammad),[4] establishing separate Shariat judicial courts[5] and court benches[6][7] to judge legal cases using Islamic doctrine.[8] New criminal offenses (of adultery, fornication, and types of blasphemy), and new punishments (of whipping, amputation, and stoning to death), were added to Pakistani law. Interest payments for bank accounts were replaced by "profit and loss" payments. Zakat charitable donations became a 2.5% annual tax. School textbooks and libraries were overhauled to remove un-Islamic material.[9] Offices, schools, and factories were required to provide praying space.[10] Zia bolstered the influence of the ulama (Islamic clergy) and the Islamic parties,[8] and conservative scholars were often on television.[10] Tens of thousands of activists from the Jamaat-e-Islami party were appointed to government posts to ensure the continuation of his agenda after his death.[4][8][11][12] Conservative ulama were added to the Council of Islamic Ideology.[6]

The effect on Pakistan's national cohesion of state-sponsored Islamization were mixed. In 1984 a referendum gave Zia and the Islamization program 97.7% approval in official results. However, there have been protests against the laws and their enforcement during and after Zia's reign. Shia-Sunni religious riots broke out over differences in Islamic jurisprudence (fiqh) – in particular, over how Zakat donations would be distributed.[13][14] There were also differences among Sunni Muslims.[15] Women's and human rights groups opposed incarceration of rape victims under hadd punishments, new laws that valued women's testimony (Law of Evidence) and blood money compensation (diyat) at half that of a man. Religious minorities and human rights groups opposed the "vaguely worded" Blasphemy Law and the "malicious abuse and arbitrary enforcement" of it.[16]

Possible motivations for the Islamisation programme included Zia's personal piety (most accounts agree that he came from a religious family),[17] desire to gain political allies, to "fulfill Pakistan's raison d'etre" as a Muslim state, and/or the political need to legitimise what was seen by some Pakistanis as his "repressive, un-representative martial law regime".[18] Under the rule of Pervez Musharraf, the Muttahida Majlis-i-Amal (MMA), a coalition of Islamist political parties in Pakistan, called for the increased Islamization of the government and society, specifically taking an anti-Hindu stance. The MMA led the opposition in the national assembly, held a majority in the NWFP Provincial Assembly, and was part of the ruling coalition in Balochistan. However, some members of the MMA made efforts to eliminate their rhetoric against Hindus.[19]

Background and history

[edit]
President Ronald Reagan and President Muhammad Zia-ul-Haq, 1982.

Pakistan was founded on the basis of securing a sovereign homeland for the Muslims of the subcontinent to live in self-determination.[20]

The idea of Pakistan had received overwhelming popular support among British Indian Muslims, especially those in the Presidencies and provinces of British India where Muslims were in a minority such as U.P.[21] According to some sources, the Muslim League leadership, ulama (Islamic clergy) and Muhammad Ali Jinnah had articulated their vision of Pakistan in terms of an Islamic state.[22] Jinnah had developed a close association with the ulama.[23] When Jinnah died, Islamic scholar Maulana Shabbir Ahmad Usmani described Jinnah as the greatest Muslim after the Mughal Emperor Aurangzeb.[23] Usmani asked Pakistanis to remember Jinnah's message of Unity, Faith and Discipline and work to fulfil his dream:

to create a solid bloc of all Muslim states from Karachi to Ankara, from Pakistan to Morocco. He [Jinnah] wanted to see the Muslims of the world united under the banner of Islam as an effective check against the aggressive designs of their enemies.[23]

After the creation of Pakistan in 1947 during East Pakistani language movement, many advocated to Muhammad Ali Jinnah[24] making Arabic the state language of Pakistan as a Muslim nationalist country, which was later supported and reiterated by many, but the proposal ultimately did not gain popular support and popularity.[25][26][27] These proposals to make Arabic the state language failed to gain substantial support in any part of Pakistan.[28] However, as this demand is linked to the question of the development of Islamic culture, it indirectly reinforced the demand for the introduction of Arabic script in the state language Urdu and Bengali (Dobhashi) in some quarters.[28]


Contradicting this mythology are statements by Jinnah: "... in this state of Pakistan. You may belong to any religion or caste or creed — that has nothing to do with the business of the state ... ",[29][30] and by Moonis Ahmar, who writes, "in the formative phase of Pakistan, the notion of religious extremism was almost non-existent as the founder of the country, Quaid-e-Azam Mohammad Ali Jinnah, made it clear that the new state would not be theocratic in nature. However, after his demise on September 11, 1948, his successors failed to curb the forces of religious militancy ..."[31] Rather than Islamization being the natural evolution of what Muslims intended Pakistan to be, secularists describe it as an reaction to events of the 1970s: the traumatic breakaway of Bangladesh in 1971, the growing power of Islamic revivalism and Islamic political parties in Pakistan, leading to the declaring the Ahmadiyya Community to be non-Muslims,[32] the banning alcohol, gambling and night clubs,[33] and the 1977 overthrow of Zulfikar Ali Bhutto by a conservative pious Muslim, General Muhammad Zia-ul-Haq, the ruler of Pakistan until his death in 1988.[34]

The first formal step taken to transform Pakistan into an ideological Islamic state was in March 1949 when the country's first Prime Minister, Liaquat Ali Khan, introduced the Objectives Resolution in the Constituent Assembly.[35] The Objectives Resolution declared that sovereignty over the entire universe belongs to God Almighty.[36] The president of the Muslim League, Chaudhry Khaliquzzaman, announced that Pakistan would bring together all Muslim countries into Islamistan - a pan-Islamic entity.[37] Khaliquzzaman believed that Pakistan was only a Muslim state and was not yet an Islamic state, but that it could certainly become an Islamic state after bringing all believers of Islam into a single political unit.[38] Keith Callard, one of the earliest scholars on Pakistani politics, observed that Pakistanis believed in the essential unity of purpose and outlook in the Muslim world:

Pakistan was founded to advance the cause of Muslims. Other Muslims might have been expected to be sympathetic, even enthusiastic. But this assumed that other Muslim states would take the same view of the relation between religion and nationality.[37]

However, Pakistan's pan-Islamist sentiments were not shared by other Muslim governments at the time. Nationalism in other parts of the Muslim world was based on ethnicity, language and culture.[37] Although Muslim governments were unsympathetic with Pakistan's pan-Islamic aspirations, Islamists from all over the world were drawn to Pakistan. Figures such as the Grand Mufti of Palestine, Al-Haj Amin al-Husseini, and leaders of Islamist political movements, such as the Muslim Brotherhood, became frequent visitors to the country.[39] After General Zia-ul-Haq took power in a military coup, Hizb ut-Tahrir (an Islamist group calling for the establishment of a Caliphate) expanded its organisational network and activities in Pakistan. Its founder, Taqi al-Din al-Nabhani, would maintain regular correspondence with Abul A’la Maududi, the founder of Jamaat-e-Islami (JI), and he also urged Dr Israr Ahmed to continue his work in Pakistan for the establishment of a global caliphate.[40]

Social scientist Nasim Ahmad Jawed conducted a survey in 1969 in pre-divided Pakistan on the type of national identity that was used by educated professional people. He found that over 60% of people in East Pakistan (modern day Bangladesh) professed to have a secular national identity. However, in West Pakistan (current day Pakistan) the same figure professed to have an Islamic and not a secular identity. Furthermore, the same figure in East Pakistan defined their identity in terms of their ethnicity and not Islam. But it was the opposite in West Pakistan where Islam was stated to be more important than ethnicity.[41]

After Pakistan's first ever general elections the 1973 Constitution was created by an elected Parliament.[42] The Constitution declared Pakistan an Islamic Republic and Islam as the state religion. It also stated that all laws would have to be brought into accordance with the injunctions of Islam as laid down in the Quran and Sunnah and that no law repugnant to such injunctions could be enacted.[43] The 1973 Constitution also created certain institutions such as the Federal Shariat Court and the Council of Islamic Ideology to channel the interpretation and application of Islam.[44]

On 5 July 1977, General Zia-ul-Haq led a coup d'état.[45] In the year or two before Zia-ul-Haq's coup, his predecessor, leftist Prime Minister Zulfikar Ali Bhutto, had faced vigorous opposition which was united under the revivalist banner of Nizam-e-Mustafa[46] ("Rule of the prophet"). According to supporters of the movement, establishing an Islamic state based on sharia law would mean a return to the justice and success of the early days of Islam when the Islamic prophet Muhammad ruled the Muslims.[47] In an effort to stem the tide of street Islamisation, Bhutto had also called for it and banned the drinking and selling of wine by Muslims, nightclubs and horse racing.[47][48]

On coming to power, Zia went much further than Bhutto, committing himself to enforcing Nizam-e-Mustafa,[4] i.e. sharia law. Most accounts confirm that Zia came from a religious family and religion played an important part in molding his personality. His father worked as a civilian official in army headquarters and was known as ''Maulvi'' Akbar Ali due to his religious devotion. Zia joined the army before partition and occasionally offended his British superiors with his refusal to give up religious and cultural traditions. Zia attributed his personal resistance to the lifestyle of the British Indian cavalry to his faith in ''God and his teachings.''[49]

In his first televised speech to the country as head of state he declared that

Pakistan which was created in the name of Islam will continue to survive only if it sticks to Islam. That is why I consider the introduction of [an] Islamic system as an essential prerequisite for the country.[50]

While in the past, "many a ruler did what they pleased in the name of Islam," he would not.[7][51]

Unlike in Iran, Islamisation in Pakistan was politically conservative, working against, not with leftist forces and ideas. Zia had little sympathy with Bhutto or his populist, socialist philosophy—captured in the slogan, "Food, clothing, and shelter".[52] General Zia explained in an interview:

The basis of Pakistan was Islam. ... Muslims of the subcontinent are a separate culture. It was on the Two-Nation Theory that this part was carved out of the Subcontinent as Pakistan.... Mr. Bhutto's way of flourishing in this Society was by eroding its moral fiber. ... by pitching students against teachers, children against their parents, landlord against tenants, workers against mill owners. [Pakistan has economic difficulties] because Pakistanis have been made to believe that one can earn without working. ... We are going back to Islam not by choice but by the force of circumstances. It is not I or my government that is imposing Islam. It was what 99 percent of people wanted; the street violence against Bhutto reflected the people's desire ... [53]

While Zia initiated the Islamisation programme, he came under attack from conservative Sunni forces who considered his process too slow. He distanced himself from some of the ulama in 1980,[54] and in 1983 religious opponents spread the rumour that Zia was an Ahmadi. Zia was "forced to deny this allegation publicly and denounce the Ahmadis as kafirs (infidels)".[55]

In 1984 a referendum was held on Zia, the Islamization program, and giving him a five-year presidential term. Official results reported 97.7 in favor and voter participation of 60%. Independent observers questioned whether 30% of eligible voters had voted.[56]

Opposition to state-sponsored Islamisation or aspects of it came from several quarters. Religious riots broke out in 1983 and 1984.[15] Sectarian divisions between Sunnis and Shia worsened over the issue of the 1979 Zakat ordinance, but differences in fiqh jurisprudence also arose in marriage and divorce, inheritance and wills and imposition of hadd punishments.[13][14]

Among Sunni Muslims, there were disputes between Deobandis and Barelvis.[15] Zia favored Deobandi doctrine. So the Sufi pirs of Sindh (who were Barelvi) joined the anti-Zia Movement for the Restoration of Democracy.[15]

From its inception, Pakistani leaders have leveraged religious sentiments as a means to fortify the nation's identity. This approach resulted in the promotion of Islamization, which fostered an educational system churning out millions of religious students annually. Unfortunately, this policy has often been associated with sympathies toward extremism, violence, and the encouragement of religious and communal divides.[57]

Hudood Ordinance

[edit]

One of the first and most controversial Islamisation measures was the replacement of parts of the Pakistan Penal Code (PPC) with the 1979 "Hudood Ordinance."[58] (Hudood meaning limits or restrictions, as in limits of acceptable behavior in Islamic law.) The Ordinance added new criminal offenses of adultery and fornication to Pakistani law,[59] and new punishments of whipping, amputation, and stoning to death.[60]

For theft or robbery, the PPC punishments of imprisonment or fine, or both, were replaced by amputation of the right hand of the offender for theft, and amputation of the right hand and left foot for robbery.[61] For Zina (extramarital sex) the provisions relating to adultery were replaced by the Ordinance with punishments of flogged 100 lashes for those unmarried offenders and stoning to death for married offenders.[61]

All these Hudood punishments were the maximum punishments, dependent on Hudd proof—four Muslim men of good repute testifying as witness to the crime—being met. In practice, as of 2014, the Hudd requirement has not yet been met and no offender has been stoned or had limbs amputated by the Pakistani judicial system. The less strict tazir standards—where the punishment was some combination of imprisonment, fines and/or flogging[62]—was applied and many offenders have been publicly flogged.

More worrisome for human rights and women's rights advocates, some lawyers and politicians, was the incarceration of thousands of rape victims on charges of zina.[61] Mixing the Pakistan penal code with Islamic laws was difficult because of the difference in the underlying logic of the two legal systems.[61]

Prohibition Order

[edit]

"Drinking of wine" (and all other alcoholic drinks) was not a crime under the original Pakistan Penal Code, but in 1977, the drinking and selling of wine by Muslims was banned in Pakistan, punishable by imprisonment of six months or a fine of Rs. 5000/-, or both. Under Zia's Prohibition Order, this punishment was replaced by one of whipping of eighty stripes, (citing an Ijma (consensus opinion) of the Companions of Muhammad since the period of the Second Caliph Umar). Non-Muslims were excepted if they obtained a license to drink and/or manufacture alcoholic beverages from the Government.

Adultery (Zina) Ordinance

[edit]

The most controversial of the ordinances was the Zina Ordinance, by which the Pakistan Penal Code provisions relating to adultery were replaced. Women and men found guilty were to be flogged a hundred stripes apiece if unmarried, and stoned to death if married. Uncorroborated testimony by women was inadmissible in hudood crimes,[63] so in cases of rape, victims were sometimes charged with fornication and jailed and their rapists were freed because the women could not comply with the Islamic Hadd requirements of four reputable Muslim males testifying to the crime. Girls as young as twelve were also sometimes jailed and prosecuted for having extra-marital intercourse because the ordinance abolished Pakistan's statutory rape law.[64]

According to legal scholar Martin Lau,

While it was easy to file a case against a woman accusing her of adultery, the Zina Ordinance made it very difficult for a woman to obtain bail pending trial. Worse, in actual practice, the vast majority of accused women were found guilty by the trial court only to be acquitted on appeal to the Federal Shariat Court. By then they had spent many years in jail, were ostracized by their families, and had become social outcasts.[65]

In 1979, before the ordinances went into effect there were 70 women held in Pakistani prisons. By 1988, there were 6000.[66] Critics complained that the law had become a way for "vengeful husbands and parents" to punish their wives or daughters for disobedience, but that "whenever even small changes" were proposed, religious groups and political parties staged "large scale demonstrations" in opposition.[67]

Pakistani women's and human rights groups protested the law, and international media gave it publicity. Supporters defended the Ordinances' punishments as ordained by God and the law as the victim of "extremely unjust propaganda" in the media.[68]

The first conviction and sentence of stoning to death, in September 1981,[69] was overturned under national and international pressure. A conviction for adultery of a 13-year-old blind girl, (Safia Bibi), who alleged rape by her employer and his son, was reversed and the conviction was set aside on appeal after bitter public criticism. Another conviction for zina and sentence of stoning to death in early 1988[70] sparked more public outrage and led to a retrial and acquittal by the Federal Sharia Court.[71]

Attention to the barbarity of the Ordinance and suggestions for revising it were given by a number of government appointed commissions and a televised several weeks-long-televised debate on the subject.[72] In 2006, parts of the law were extensively revised by the Women's Protection Bill.[73]

Sharia courts and constitutional amendments

[edit]

In 1978 Zia established "Shariat Appellate Benches", "grafted" on to Pakistan's four High Courts.[6][7][74] The benches were tasked with judging legal cases using the teachings of the Quran and the Sunnah and examining the country's laws to determine whether they complied with sharia law, and bring them into alignment if they did not.[8] A Shariat Appellate Bench of the Supreme Court was created to be the final authority in Sharia cases.[75]

In announcing the establishment of Shariat Benches, Zia described their jurisdiction:

"Every citizen will have the right to present any law enforced by the government before the 'Sharia Bench' and obtain its verdict whether the law is wholly or partly Islamic or un-Islamic."

However, some very important laws were exempt from being struck down as un-Islamic.

The Ninth Amendment to the Pakistan Constitution, added by Zia's government, stated that "the Injunctions of Islam as laid down in the Holy Quran and Sunnah shall be the supreme law and source of guidance for legislation", but qualified that in Article 203-B by omitting from the rule: the constitution, "Muslim Personal Law, any law relating to the procedure of any Court or tribunal", and "until the expiration of ten years from the commencement of this Chapter, any fiscal law or any law relating to the levy and collection of taxes and fees or banking or insurance practice and procedure ..." Thus the constitution and major parts of Pakistan's laws were exempt from Sharia jurisdiction. Further, the Shariat Benches did not always follow Zia's policy, and early on declared rajm, or stoning, to be un-Islamic. Zia-ul-Haq reconstituted the court, which then ruled rajm Islamic.[76]

In 1980 the Shariat Appellate Benches were disbanded and replaced by a Federal Shariat Court (FSC). Its establishment was less than clean and simple, as between 1980 and 1985, "provisions relating to the FSC's operation were modified 28 times, through the mechanism of 12 separate presidential ordinances and were incorporated into the Constitution in 14 subsections covering 11 pages of text."[77] It has eight judges appointed by the president, "selected for the most part from judges of the high courts".[78]

The judges of the superior courts[79] appointed by General Zia tended to be "Islamic moderates" rather than "Islamic activists" favoring a rapid advance of Islamisation.[80][81]: 37–8 

In the lower district courts, there is "considerable variation in the enforcement and interpretation of the Hudood laws", with "much more enthusiasm" for implementation of them in the Punjab and urban Khyber Pakhtunkhwa (formerly NWFP) than in other regions.[81]: 37 

Blasphemy laws

[edit]

To outlaw blasphemy, the Pakistan Penal Code (PPC) and the Criminal Procedure Code (CrPC) were amended through ordinances in 1980, 1982 and 1986.

  • The 1980 law prohibited derogatory remarks against Islamic personages, and carried a three-year prison sentence.[82]
  • In 1982 the small Ahmadiyya religious minority were prohibited from saying or implying they were Muslims.
  • In 1986 declaring anything that implied disrespect to the Islamic prophet Muhammad, Ahl al-Bayt (family members of Muhammad), Sahabah (companions of Muhammad) or Sha'ar-i-Islam (Islamic symbols), was made a cognisable offence, punishable with imprisonment or fine, or both.[83]

Religious offences and punishments

[edit]
PPC Section Description Penalty
298 Uttering of any word or making any sound or making any gesture or placing of any object in the sight with the deliberate intention of wounding the religious feelings of any person. 1 years imprisonment, or fine, or both
298 A Use of derogatory remarks etc., in respect of holy personages. (1980) 3 years imprisonment, or fine, or both[84]
B (Ahmadi blasphemy law) Misuse of epithets, descriptions and titles etc., reserved for certain holy personages or places, by Ahmadis. (26 April 1984[85]) 3 years imprisonment and fine
C (Ahmadi blasphemy law) AKA Ordinance XX: An Ahmadi, calling himself a Muslim, or preaching or propagating his faith, or outraging the religious feelings of Muslims, or posing himself as a Muslim. (26 April 1984[85]) 3 years imprisonment and fine
295 Injuring or defiling places of worship, with intent to insult the religion of any class Up to 2 years imprisonment or with fine, or with both
295 A Deliberate and malicious acts intended to outrage religious feelings of any class by insulting its religion or religious beliefs. (1927)[86] Up to 10 years imprisonment, or with fine, or with both
B Defiling, etc., of Quran. (1982)[87] Imprisonment for life[84]
C Use of derogatory remarks, spoken, written, directly or indirectly, etc. to defile the name of Muhammad. (1986) Mandatory death and fine[84][88]

(Feb. 1990[89])

The legal language forbidding of blasphemy is quite complete, stating

Whoever, with the deliberate intention of wounding the religious feelings of any person, utters any word or makes any sound in the hearing of that person or makes any gesture in the sight of that person or places any object in the sight of that person, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.[90]

Prior to 1986, only 14 cases pertaining to blasphemy were reported in Pakistan.[91] From 1987 to 2014 over 1300 people have been accused of blasphemy, mostly non-Muslim religious minorities. The vast majority of the accusations were lodged for desecration of the Quran.[82]

The laws are controversial among the small liberal community in Pakistan and international human rights organizations. According to one religious minority source, an accusation of blasphemy commonly subjects the accused, police, lawyers, and judges to harassment, threats, attacks and rioting.[92] Critics complain that Pakistan's blasphemy law "is overwhelmingly being used to persecute religious minorities and settle personal vendettas,"[93] but calls for change in the blasphemy laws have been strongly resisted by Islamic parties. As of 2014 no one has been legally executed for blasphemy, but 17 people are on death row for the crime,[94] and a considerable number of those accused of or connected with the issue have been killed at the hands of mob or other vigilante violence. Pakistan's blasphemy laws impose the possibility of a death penalty upon those who offend Islam, a measure that has drawn criticism for its alleged misuse in the persecution of religious minorities and the unjust targeting of minority communities.[95]

Over 50 people accused of blasphemy have been murdered before their respective trials were over,[91][94] and prominent figures who opposed blasphemy laws (Salman Taseer, the former governor of Punjab, and Shahbaz Bhatti, the Federal Minister for Minorities) have been assassinated after urging reform of the law.[82] Altogether, since 1990, 62 people have been murdered as a result of blasphemy allegations.[96] There has also been at least one case of an attack on a non-Muslim faith registered under the blasphemy laws.[97][98]

The depth of passion and vigour of vigilantism against blasphemy was in evidence in a 21 April 1994 incident in Gujranwala where a doctor, Sajjad Farooq, was beaten, stoned, doused with kerosene and set alight, and dragged through the streets tied to a motorbike by a group of people after an announcement was made over the loudspeakers of several local mosques that 'a Christian had burned a copy of the Koran' and that people should come forward to stone him to death. It later transpired that Farooq was not a Christian but a devout Muslim, but one with enemies with access to local mosque public address systems. As of late 1994, a complaint had been lodged against five people but no arrests appeared to have been made.[99][100]

Economic islamization

[edit]

Zakat and Ushr Ordinance

[edit]

In the short term, the fiscal dimension of the Islamization policy made a stronger impact. Payment of the alms tax, Zakat, as well as its agricultural counterpart, Ushr, were traditionally private obligations for Muslims in Pakistan. Together they generally represented 2.5% of annual household savings and served as a sort of wealth tax to be redistributed to the Muslim community's poor.[101] One of the provisions of the 1973 constitution already stipulated that these taxes should be collected by the government. But Bhutto had made no move to implement it. In 1979, Zia decided to transform what was considered a personal duty of solidarity into a legal obligation. The "Zakat and Ushr Ordinance" was issued on 20 June 1980. Its urban component, zakat, took effect in 1981, whereas ushr did not come into effect until 1983. The system by which these taxes were previously levied was replaced by a specific agency to rationalize the collection and distribution of funds, a process that Malik describes as follows:

On the first day of the fasting month of Ramadan, the Zakat Deducting Agencies (banks, post-offices etc.) by means of deduction at source withdraw 2.5% from all saving accounts above a certain exemption limit (fixed at Rs. 1,000 in the first year of Zakat deduction, 1980). They transfer the Zakat thus collected to the Central Zakat Fund (CZF). This fund is fed also with proceeds from 'voluntary Zakat' and 'donations' and from funds of other institutions. Following certain criteria, the Zakat is then distributed among the Provincial Zakat Funds (PZFs) and the National Zakat Foundation (NZF). Following prescribed quota, the PZFs turn over funds to the Local Zakat Funds (LZFs), to other institutions, to the needy (mustaqhin) and to the National Zakat Foundation.[102]

While ushr is distributed in the locality where it was collected, the distribution process of the zakat shows a whole bureaucratic pyramid in action. Here again, the Islamization policy reinforced state control over religious institutions. Further evidence of this was the Tehsil/Taluka/Subdivisional and Local Committees (Removal of chairman and Members) Rule (1981), which allowed the state to dismiss the president of a local Zakat Committee, an institution that was previously independent of the state. In 1981, Al Zakat, an influential national monthly publication boasted that 250,000 persons were involved in the new system of collecting and distributing zakat funds. The fiscal dimension of Zia's Islamization policy fostered a rise in sectarianism, a term that in Pakistan denotes the conflict between Sunni and Shia Muslims. As soon as Zia's plans for zakat and ushr were made public, Shia leaders objected that according to their jurisprudence of their sect, payment of these taxes was a purely individual choice, a decision made according to one's conscience. In reaction to the promulgation of the law, they orchestrated a massive demonstration in Islamabad which later led them to be exempted from the mandatory tax. The taxes have not been found to have eliminated rural and urban poverty or reduced the inequalities in wealth which had become a traditional feature of Pakistani society.[103][104]

Riba

[edit]

Zia publicly stated his desire to eliminate interest on loans and securities and create an "Interest-free economy."[105] Zia declared that effective 1 July 1979 the affairs of the National Investment Trust, the House Building Finance Corporation, and the Investment Corporation of Pakistan were to be run on an interest-free basis through the adoption of profit-loss sharing (PLS).[106] On 1 January 1980, approximately 7,000 interest-free counters were opened at all the nationalized commercial banks.[105]

In 1981 interest payments were to be replaced by "profit and loss" accounts (though profit was thought to be simply interest by another name).[9] The government introduced and encouraged banks to adopt financing schemes based upon murabaha and/or musharaka[106]

Land reforms

[edit]

Zia did not consider land reform or trade union activity to be part of Islamic economics. In a statement addressed to the poor and working class he opined:

It is not for the employers to provide roti, kapda, aur makaan (bread, clothes and homes) [a reference to a well-known slogan used by Bhutto's PPP]. It was for God Almighty who is the provider of livelihood to his people. Trust in God and He will bestow upon you an abundance of good things in life.[107]

His martial law government also made it clear that it "was not committed to redistributive agrarian policies and described the land reforms as ordinary politics to reward supporters and punish enemies".[108]

When, on 13 December 1980, the Federal Shariat Court declared the land reforms of 1972 and 1977 to be in consonance with Islamic injunctions,[109] Zia responded by inducting three members of the Ulema into the Federal Sharia Court and two into the Sharia Appellate Bench of the Supreme Court (Ulema traditionally often coming from, or at least supporting the interests of, the landowning class). The newly constituted courts reversed the FSC judgment in 1990.[109]

After the imposition of martial law, thousands of tenants were forcibly evicted from the land in various districts.[108]

Another source, scholar Charles H. Kennedy, states that from 1978 to 1992, the "Islamic Courts" established by Islamisation (i.e. the Shariah Appellate Bench and Federal Shariat Court) were much more important in land reform policy than either the executive or legislature of Pakistan. Kennedy states they effectively "suspended implementation" of the land reforms, "repealed the reforms, drafted new legislation, and then interpreted the new laws' meanings".[110]

Worker protests

[edit]

Trade union and grass roots demands for higher wages, better working conditions, social security, old age benefits and compensation for accidents, were "no justification for protests and strikes", and treated as disorder to be suppressed. Maximum punishment to the offenders was three years rigorous imprisonment and/or whipping. On 2 January 1986 police killed 19 striking workers of the Colony Textile Mill in Multan, whose management had sought assistance from the authorities.[109]

Other Sharia laws

[edit]

Attempts were made to enforce praying of salat five times a day.[8]

Separate electorates for Hindus and Christians were established in 1985—a policy originally proposed by Islamist leader Abul A'la Maududi. Christian and Hindu leaders complained that they felt excluded from country’s political process, but the policy had strong support from Islamists.[111]

Qisas and Diyat Ordinance 1990

[edit]

In 1990 Criminal Law (Second Amendment) Ordinance on Qisas ("retaliation" or revenge) and Diyat (financial compensation paid to the heirs of a victim), was introduced after the Shariat Appellate Bench of the Supreme Court declared that the lack of Qisas and Diyat were repugnant to the injunctions of Islam as laid down by the Quran and Sunnah.[112] (These laws were introduced after Zia died, but by a court—Shariat Appellate Bench of the Supreme Court—that Zia had created.[113])

Under the law, the victim (or heirs of the victim) of a crime had the right to inflict injuries on the offender identical to the ones sustained by the victim. (Although the ordinance set the "blood money" compensation for a female victim at half that for a male.[16]) The law also allows offenders to absolve themselves of the crime by paying compensation to the victim or their heirs if, and only if, the family of the victim is willing to accept it.

Law of Evidence

A proposed Law of Evidence (Qanun-e-Shahadat) would require two women to testify in place of one man. After protest and demonstrations against the law, a 1984 compromise limited the rule to financial transactions.[16][114] According to Charles Kennedy, it is unlikely that the law will affect any case brought to any superior court in Pakistan because "in practice, virtually every financial transaction in Pakistan by custom or rule requires the countersignature of several individuals."[115]

Unlike men, women entering into legal contracts were required to have their signature witnessed by another person.[63]

Prayer timings

Instructions were issued for regular observance of prayers and arrangements were made for performing noon prayer (Salat Al Zuhur) in government and quasi-government offices and educational institutions, during office hours, and official functions, and at airports, railway stations and bus stops.

Ramadan Ordinance

An Ehtram-e-Ramazan (reverence for fasting) Ordinance was issued banning eating, smoking, and drinking in public places in the holy month of Ramadan. According to a clause of this ordinance, those places including restaurants, canteens, bridges, lanes, and even the confines of private homes. While in theory the non-Muslim minority of Pakistan is exempt from the law, minorities have been arrested for eating in public.[116]

Regulations for women

Under Zia, the order for women to cover their heads while in public was implemented in public schools, colleges and state television. Women's participation in sports and the performing arts was severely restricted.[63]

The Ansari commission, which from the 1980s onwards advised the President on un-Islamic social conventions, recommended that women should be prohibited from leaving the country without a male escort and that unmarried, unaccompanied women should not be allowed to serve overseas in the diplomatic corps. An Islamic dress code was imposed on women in the public eye such as newsreaders and air stewardesses. [117]

Other policies

[edit]

Textbooks were overhauled to remove un-Islamic material, and un-Islamic books were removed from libraries.[9] Offices, schools, and factories were required to offer praying space; conservative scholars became fixtures on television.[10] The Government built mosques in rural areas, giving the rural people greater access to mullahs. It also appointed many mullahs to advisory groups.[118]

According to Pervez Hoodbhoy, a Pakistani physicist opposed to fundamentalism, under Zia the government organized international conferences and provided funding for research on such topics as the temperature of hell and the chemical nature of jinn (supernatural creatures made from fire).[119][120]

In prisons, religious instruction is mandatory.[121] Those who can demonstrate their ability to recite the Quran from memory before an examination board are entitled to a remission in their sentence of up to two years.[122]

Madrassa expansions

[edit]

Educational reforms partly flowed from judicial reforms insofar as, for instance, a sharia department was set up at Quaid-e-Azam University in 1979 to train Islamic legal specialists. But Zia devoted personal attention to the reorganization of Quranic schools (dini madaris, plural of madrasssa). Madrassass (traditional religious schools) in Pakistan received state sponsorship for the first time.[123] Their number grew from 893 to 2,801 during the Zia years according to one source.[124] Another states that 12,000 were opened from 1983 to 1984.[125] Most were Deobandi in doctrinal orientation, while one quarter of them were Barelvi.[124] They received funding from Zakat councils and provided free religious training, room and board to impoverished Pakistanis.[126] The schools, which banned televisions and radios, have been criticized by authors for stoking sectarian hatred both between Muslim sects and against non-Muslims.[123][124][126]

Cultural policies

[edit]

In a 1979 address to the nation, Zia decried the influence of Western culture and music in the country. Soon afterwards, PTV, the national television network, ceased playing music videos or any music other than patriotic songs. Most of the cinemas in Lahore were shut down.[127] (As of 2004, the "Lollywood" film industry of Pakistan produces around 40 films a year, compared to India's thousand or so releases.[128])

This was despite warm relations between Zia and the President of the largest Western country (US President Ronald Reagan), and strong support for Zia from that country.[129] Also ironic was that under Zia's rule (according to leftist cultural critic Nadeem F. Paracha), economic prosperity expanded the country's urban middle and lower-middle-classes, and spread the popularity of Western 1980s fashion wear, hairstyle and pop music.[130][131]

The common South Asian parting phrase "Khuda Hafiz" was discouraged in favour of "Allah Hafiz", which was first used in 1985 in the state-run media as it was said to be more Islamic than the former phrase that allowed for religious pluralism.[132]

Causes, criticism and sectarian division

[edit]

Zia's motivation for the Islamisation programme has been described as including his personal piety, desire "to fulfil Pakistan's raison d'etre" as a Muslim state, and the political need to legitimise what was seen by many as Zia's "repressive, un-representative martial law regime".[18] Zia had come to power overthrowing Bhutto, whose opposition had been united around the slogan of Nizam-e-Mustafa (Islamic rule), making supporters of Islamisation the enemy of Zia's enemy.[133]

Secular and leftist forces accused Zia of manipulating Islam for political ends.[7] Nusrat Bhutto, former wife of Zulfikar Ali Bhutto claimed that Zia "used Islam" to ensure "the survival of his own regime" following the "horrors of 1971 war" in East Bengal.[7]

One author points out that Zia was conspicuously silent on the dispute between the heterodox Zikri sect and the Ulama in Balochistan, where Islamist doctrine would call for siding with the conservative Ulama, but where Zia had a political need for tranquility among the Zikri.[134] Another notes Zia's use of Article 203-B to protect any part of the constitution, any Personal Laws, and any financial laws from being struck down as in violation of sharia law.[135]

Sectarian division

[edit]

How much success Zia had using state-sponsored Islamisation to strengthen national cohesion is also disputed. The Shia Muslim minority differed with Sunnis over Islamic jurisprudence (fiqh), maintaining that Zia's Islamization was actually "Sunnification".[136] The Pakistani government leaned in favour of applying Sunni law to all.[137]

In particular, dispute over how Zakat donations for the poor should be distributed fanned sectarian tension[13][14] and religious riots broke out in 1983 and 1984.[15] Shia were exempt from the Zakat tax on the grounds that they would contribute to their own Shia ulama for charitable work. But this exemption "led more and more Pakistanis to declare themselves as Shi’is" and this phenomenon "had the effect of hardening anti-Shi’i attitudes among Sunni Islamic activists." [138]

Differences in fiqh jurisprudence also arose in marriage and divorce, inheritance and wills and imposition of hadd punishments.[13][14]

Zia pursued anti-Shia policies[139] and attacks on Shias also increased under Zia's presidency,[140] with the first major sectarian riots in Pakistan breaking out in 1983 in Karachi and later spreading to Lahore and Balochistan.[141] Sectarian violence became a recurring feature of the Muharram month every year, with sectarian violence between Sunnis and Shias taking place in 1986 in Parachinar.[141] In one notorious incident, the 1988 Gilgit Massacre, a Sunni lashkar attacked and massacred hundreds of Shias in Gilgit shortly after a Shia demonstration had attacked the federal minister Qasim Shah, according to Shia cleric Mohsin Najafi. This was later exaggerated in the late 1990s by Indian writers to claim that the Pakistani army and military dictatorship had sent Usama bin-Ladin and Pervez Musharraf to attack the Shias; many Indian outlets have repeated this claim in an effort to link the Pakistani army with Al-Qaeda. In fact, according to Azam Chaudhary who observed these events, the lashkar was raised from nearby Khyber-Pakhtunkhwa and also joined by some Sunni policemen. Because the Gilgit garrison - which was then mostly sent to the Siachen region in the standoff with India - did not stop the attack and in fact the government did not protect the Shias, a rumour developed that the attack had been encouraged by the regime. A decade later, Indian outlets attached both Pervez Musharraf and Usama bin-Ladin to spice up the story, but this is untrue - bin-Ladin was then in Afghanistan and Musharraf serving as commander of the 25th infantry brigade at Bahawalpur, in South Punjab. [142][143][144][145][146]

Among Sunni Muslims, Deobandis and Barelvis also had disputes.[15] Zia favored Deobandi doctrine and the Sufi pirs of Sindh (who were Barelvi) joined the anti-Zia Movement for the Restoration of Democracy.[15]

A solid majority of Barelvis had supported the creation of Pakistan,[147] and Barelvi ulama had also issued fatwas in support of the Pakistan Movement during the 1946 elections,[148][149] but fortunately Islamic state politics in Pakistan was mostly in favour of Deobandi (and later Ahl-e-Hadith/Salafi) institutions.[150] This was despite the fact that the majority of Deobandi clerics strongly opposed the partition of colonial India and only a few (although influential) Deobandi clerics had supported the Pakistan Movement.[151][150] Zia forged a strong alliance between the army and Deobandi institutions.[150]

The Ahmadiyas, whose members include "many leading scientists and professionals", complain that under Zia they have been "removed from jobs and charge that their property and mosques have been seized".The Ahmadiyas, among whose members are many leading scientists and professionals, differ from other Moslems in that they do not regard Mohammad as the last prophet. They have been removed from jobs and charge that their property and mosques have been seized under Mr. Zia's regime.[118]

Women's dissent

[edit]

Women's groups (All Pakistan Women's Association and Women’s Action Forum) opposed the Diyat Ordinance (which set the "blood money" compensation for a female victim at half that for a male),[16] and later the proposed Law of Evidence (which required two women to testify in place of one man).[16] They challenged the law on an Islamic basis, offering an alternative interpretation of the Quranic ayah (verse)[152] used as the basis of the law, emphasising that in other ayah, men and women are assumed to be equal, and noting the importance of the importance of the testimony of two of Muhammad's wives, (Khadija and Aisha) in early Muslim history.[16] (Despite their pious rebuttal, the protesters were met with tear gas and lathi (baton) charges by police outside the High Court building.[16] Ulama condemned the protest as an act of apostasy.[16])

Internationally, Human Rights Watch complained that the exclusion of women's testimony in rape cases (from Hudood Ordinances (1979), as well as the Law of Evidence and proposed laws regarding Qisas and Diyat, relegated women to "inferior legal status" to men.[153]

Support

[edit]

Anis Ahmad of the International Islamic University credits controversy over the "fundamentalism" of Islamisation to the failure of "Muslim elites" to understand "the very nature of divinely revealed law."[154] He believes these elites have adopted the "intellectual culture and political system" of the British colonizers due to which they have used a "sociological approach" to understanding Sharia law,[154] and to assert that Islamic punishments such as amputation, stoning and lashing are "bedouin", "tribal", "premodern", "harsh", "outdated" and "barbaric."[154] He goes on to contend that unlike Sharia, secularism calls for leniency towards the criminal, ignoring the suffering of the victim of crime.[155] He believes that sexual indulgence is not a matter of personal freedom but "rebellion against the established moral norms in a society",[155] that application of Sharia to non-Muslims is simply a matter of trying to "persuade them to act rationally"[156] and that criticism of the treatment of the Ahmadiyya community has been made based on the Munir Report which has been "condemned by the ulama... as a biased work."[157] Ahmad calls for development of educational institutions to include adequate information on current issues so that ijtihad can be exercised in social, political, economic and legal areas[158] and believes that while Zia and other politicians may be criticized for "piecemeal and at times frivolous" implementation, the "Islamic ideals" of Islamization have "the commitment" of the Muslim people in Pakistan.[159]

Legacy

[edit]

Islamization has been harshly criticized. Author Ian Talbot has accused it of appearing "to have reduced a great faith tradition, rich in humanity, culture and a sense of social justice, to a system of punishments and persecution of minority groups."[18] Author Zafar Iqbal Kalanauri suggests that Zia's interpretation of Islam may have "contributed to the rise of fundamentalism, obscurantism and retrogression" in Pakistan.[67] Another authority on the topic, Christophe Jaffrelot attributes the rise of Islamic movements including the Lashkar-e-Taiba as an 'unintended consequence of the policy of Islamisation and support for Jihad movements' undertaken by Pakistani authorities since Zia. A blurb for a book of essays on The Islamization of Pakistan, 1979-2009 published by the Middle East Institute, sums up the 30 year impact of Islamisation beginning with Zia as, "a country’s founding creed violated, much of its resources misspent, and its social fabric rent".[160] Under Zia stricter Islamic rules did not appear to lead to greater social tranquility. Crime, drinking, drug addiction are thought to have increased.[118]

Others, at least writing in the 1980s and 1990, thought the impact of the process was overstated. In 1986 New York Times journalist Steven Wiesman wrote that religious and political leaders agreed that Islamisation changes were "largely marginal or cosmetic."[118] Academic Charles H. Kennedy, wrote in the mid-1990s that while during the Zia administration "hardly a day passed in which one or more of the issues of the program were not the focus of political debate in Pakistan," the process had relatively small impact, as policies were "already in place", "cosmetic", or were "left unimplemented".[161] [162] Kennedy's explanation for why the rhetoric on Islamisation would be so extravagant while the reality was so modest is that both proponents and opponents had incentives to exaggerate its scope and impact—doing so would rally their respective political bases of support. On the other hand, the "insiders" responsible for a functioning state, who implemented Islamisation had (and have) an incentive to preserve stability and order and make sure Islamisation took place in an "ordered and prudent" (and cautious) manner.[163] Exaggeration by enemies of Islamisation in the media and opposition (e.g. Benazir Bhutto) were not censored or even contested by the government or government bureaucracy, as they "proved" to Islamic activists on the other side of the issue that the "government was enthusiastically implementing Nizam-e-Mustapha".[164] Lacking in depth and homegrown knowledge of Pakistan, the foreign press accepted these reports.[164]

According to Zafar Iqbal Kalanauri, the law under Zia is unstable. It has frequently changed or threatened to change because of differences of opinion among the ruling factions. There are inconsistencies

  • Between legal norms and socially observed norms;
  • Between statutory legal norms and the norms applied in practice in the courts (e.g. Hadd is difficult to implement because confession, retraction of confession and strict standards of proof make it difficult to execute);
  • Between different formal legal norms (e.g. non-compliance with the Muslim Family Laws Ordinance is tolerated by the courts but should be strictly punished under the Zina Ordinance). Another example of this contradiction is that the constitution assures women equal status on the one hand but, on the other hand, they are greatly discriminated in criminal law.[67]

Post-Zia ul-Haq Islamisation

[edit]

After the death of Zia, Benazir Bhutto, the daughter of Zulfikar Ali Bhutto, the Prime Minister he had overthrown and executed—was elected Prime Minister. Although she was an outspoken opponent of Zia's Islamisation, she did not dismantle the Federal Shariat Court, the Shariat Appellate Bench of the Supreme Court, nor repeal the Hudood and Ramazan Ordinances.[165] She did, however, release all women convict prisoners in Pakistan not convicted of murder (most of whom were in prison because of the Hudood Ordinances), as one of her first acts after assuming power,[166] and generally practiced "bureaucratic neglect" of the Islamisation apparatus.[167]

In October 1990, the Qisas[168] and Diyat[169] Ordinance (QDO) was introduced by then President Ghulam Ishaq Khan.[170] In 1997 during the government of Nawaz Sharif, the Qisas and Diyat Ordinance, now covering all offenses against human body, became an Act of the Parliament. As a consequence, crimes affecting human body in Pakistan are no longer considered offences "against the society or state", but "against an individual". Thus, if the victim or its family so decide, offenders "can walk free even after committing" murder.[170]

In 1996 the Abolition of Whipping Act (passed by Benazir Bhutto's Pakistan People's Party), forbade sentences/punishments of whipping offenders except when imposed as a hadd punishment.[171] This law has "greatly reduced" the instances of corporal punishment.[172]

To lift the restrictions on jurisdiction of Shariat, an "Enforcement of Sharia Act" first promulgated by Zia in 1988 but not passed by parliament (and so allowed to expire under Benazir Bhutto), was voted into law by parliament under Nawaz Sharif's government in 1991. The law gave jurisdiction to Sharia-related cases to the Federal Shariat Court, rather than the less Islamically activist-inclined High Courts.[173] But whether the law had more political impact than legal is debated because it kept in place a limited standard of Supremacy of Sharia. The standard of interpretation for superior courts allowed only rulings "consistent with Islamic principles of jurisprudence" when "more than one interpretation" of the law "is possible."[174]

Court decisions

[edit]

In the absence of strong political leadership or social consensus after Zia's death, superior courts have been a major, some (Charles Kennedy) say the "real" determinant of the "content and pace of Islamic reform", through their interpretation of their jurisdiction to consider what laws and actions are "repugnant to Islam".[175] Another scholar (Martin Lau) calls Islamisation process in Pakistan largely "judge-led".[176]

One roadblock in the way of striking down laws that activists felt were unIslamic was the lack of supremacy of shariat in the constitution. Activists had tried to use the Objectives Resolution with its principle that "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," but the resolution was originally part of the preamble of the constitution, rather than in the constitution itself, and as a result a 1973 ruling had declared it to "not have same status or authority" as the "normal written constitution". In 1985, the constitution was amended and the Objectives Resolution became article 2-A of the "restored constitution".[177] With this change, Dr. Tanzil-ur-Rahman—a particularly "skillful" Islamic activist and judicial activist—argued that ordering Muslims' lives "in accordance with the teachings and requirements of Islam as set out in the Holy Quran and Sunnah," as specified in article 2A was a "supra-Constitutional" grund norm of law in Pakistan.[175] Supporting Tanzil-ur-Rahman interpretation were several decisions handed down in the late 1980s and early 1990s declaring repugnant to Islam such things as the payment of court fees, interest on loans, or investments with a fixed rate of return, the requirement that divorce decrees needed to be recorded by family court to be valid.[178]

The Supreme Court addressed several important issues pertaining to Islamisation around this time period (during Benazir's time in office), including decisions that found unIslamic provisions in the Pakistan Penal Code pertaining to murder, manslaughter and other forms of bodily hurt,[179] and in most of Zulfikar Ali Bhutto's land reforms of 1972 and 1977[180] (ruling for example that Islam does not countenance compulsory redistribution of wealth or land for the purpose of alleviating poverty, however laudable the goal of poverty relief may be.[181][182][183])

However bank interest still had not been banned in Pakistan curse to Article 203-B of the constitution (mentioned above) which exempted laws dealing with finance from subordination to the sharia. To remedy this situation Islamic activists strove to convince the public with numerous conferences and copious literature that an interest-free economy as viable and religiously necessary, to pass a bill in parliament making shariat "superordinate" to the constitution, and to encourage superior courts to expand their definitions of jurisdiction of shariat.[184]

Faisal Case

In 1990, Tanzil-ur-Rehman was appointed to the Federal Sharia Court and about a year later (November 1991) issued a "monumental decision" (Faisal vs. Secretary, Ministry of Law) that appeared as though it might put an end to interest-bearing loans and accounts in Pakistan.[185][186]

The Faisal decision forbade riba absolutely without exceptions, overturning 20 federal and provincial financial laws as repugnant to Islam. It defined riba as "any addition, however slight, over and above the principal", including any system of markup, any indexing for inflation, payment by value rather than kind. It forbade riba in "production loans" as well as "consumptive" loans. It specifically declared invalid two Islamic Modernist interpretations that avoided strict prohibition: considering anti-riba Quranic verses (2:275-8) allegorical, and use of ijtihad (independent reasoning) of the issue based on ascertaining the public good (maslaha).[187]

After much stalling by the government and bureaucracy, the Faisal case was upheld in 1999 by the Shariah Appellate Bench in the "Aslam Khaki" decision, with detailed orders to start the interest free economy.[188][189] Pleading that implementation of the judgment would "create enormous problems" for Pakistan's economy by hurting the domestic western-style banking industry and Pakistan's "financial dealings with the outside world", the government was given an additional year by the court to Islamise by the Bench.[190]

By this time, however, Pervez Musharraf had come to power in a coup and limited the power of the courts. Two justices of the Shariah Appellate Bench resigned rather than take a new oath of office, and a new appeal with new judges found many "errors" in the Aslam Khaki case and overturned the ruling of a couple months earlier. [190][191]

Protection of Women Act

[edit]

After 2001, attention to revise Hudood Ordinance was given by a number of government appointed commissions, a televised several weeks-long-televised debate on the subject[192] In 2006, then President Pervez Musharraf proposed reform of the ordinance,[193] and in November/December the "Protection of Women (Criminal Laws Amendment) Act" was passed and signed.[194] The bill retained only Adultery in the Zina Ordinance, allowing rape to be prosecutable under civil law. It prevents unsuccessful complaints of adultery or rape from being converted into charges of fornication, and adds to the Pakistan Penal Code a new offense of false accusation of fornication.[195]

Public support

[edit]

Islamisation has strong public support in Pakistan. According to Shajeel Zaidi, a million people attended Zia's funeral because he had given them what they wanted: more religion.[196] A PEW opinion poll found that 84% of Pakistanis favoured making Sharia the official law of the land.[197] According to the 2013 Pew Research Center report, the majority of Pakistani Muslims also support the death penalty for those who leave Islam (62%). In contrast, support for the death penalty for those who leave Islam was only 36% in fellow South Asian Muslim country Bangladesh (which shared heritage with Pakistan).[198]

A poll conducted by Gallup Pakistan during January 2011 of over 2,700 men and women in rural and urban areas of all four provinces of the country, found 67% of Pakistanis responding yes to the question In your opinion should government take steps to ‘Islamise’ the society? 13% of those polled answered that Pakistan did not need Islamisation and 20% gave no response.[199] In 2016 an opinion poll by PEW found that 78% of Pakistanis said that the country's laws should strictly follow the Quran and a further 16% of Pakistanis said that the laws should follow the values and principles of Islam, but not strictly follow. This was the highest figure amongst all Muslim populations surveyed by PEW.[200]

A 2010 opinion poll by PEW Research Centre also found that 87% of Pakistanis considered themselves 'Muslims first' rather than a member of their nationality. This was the highest figure amongst all Muslim populations surveyed. In contrast only 67% in Jordan, 59% in Egypt, 51% in Turkey, 36% in Indonesia and 71% in Nigeria considered themselves as 'Muslim first' rather than a member of their own nationality.[201]

See also

[edit]

Bibliography

[edit]
  • Khan, Ayesha. The Women's Movement in Pakistan: Activism, Islam and Democracy. United Kingdom, Bloomsbury Publishing, 2018.
  • Malik, I.. State and Civil Society in Pakistan: Politics of Authority, Ideology and Ethnicity. United Kingdom, Palgrave Macmillan UK, 1996.

References

[edit]
  1. ^ Haqqani, Husain (2005). Pakistan:Between Mosque and Military; §From Islamic Republic to Islamic State. United States: Carnegie Endowment for International Peace (July 2005). p. 148. ISBN 978-0-87003-214-1.
  2. ^ Jones, Owen Bennett (2002). Pakistan : eye of the storm. New Haven and London: Yale University Press. pp. 16–7. ISBN 978-0300101478. ... Zia made Islam the centrepiece of his administration.
  3. ^ Ḥaqqānī, Husain (2005). Pakistan: between mosque and military. Washington: Carnegie Endowment for International Peace. p. 131. ISBN 978-0-87003-214-1. Retrieved 23 May 2010. Zia ul-Haq is often identified as the person most responsible for turning Pakistan into a global center for political Islam. Undoubtedly, Zia went farthest in defining Pakistan as an Islamic state, and he nurtured the jihadist ideology ...
  4. ^ a b c Kepel, Gilles (2002). Jihad: The Trail of Political Islam (2006 ed.). I.B.Tauris. pp. 100–101. ISBN 9781845112578. Retrieved 5 December 2014.
  5. ^ Diamantides, Marinos; Gearey, Adam (2011). Islam, Law and Identity. Routledge. p. 198. ISBN 9781136675652.
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  8. ^ a b c d e Wynbrandt, James (2009). A Brief History of Pakistan. Facts on File. pp. 216–7. ISBN 9780816061846.
  9. ^ a b c Jones, Owen Bennett (2002). Pakistan : eye of the storm. New Haven and London: Yale University Press. pp. 16–7. ISBN 978-0300101478.
  10. ^ a b c Paracha, Nadeem F. (3 September 2009). "Pious follies". Dawn.com. Retrieved 20 December 2014.
  11. ^ Jones, Owen Bennett (2002). Pakistan : eye of the storm. New Haven and London: Yale University Press. pp. 16–7. ISBN 978-0300101478. ... Zia rewarded the only political party to offer him consistent support, Jamaat-e-Islami. Tens of thousands of Jamaat activists and sympathisers were given jobs in the judiciary, the civil service and other state institutions. These appointments meant Zia's Islamic agenda lived on long after he died.
  12. ^ Nasr, Vali (2004). "Islamization, the State and Development" (PDF). In Hathaway, Robert; Lee, Wilson (eds.). ISLAMIZATION AND THE PAKISTANI ECONOMY. Woodrow Wilson International Center or Scholars. p. 95. Retrieved 30 January 2015. General Zia became the patron of Islamization in Pakistan and for the first time in the country's history, opened the bureaucracy, the military, and various state institutions to Islamic parties
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  15. ^ a b c d e f g Talbot, Ian (1998). Pakistan, a Modern History. NY: St.Martin's Press. p. 251. ISBN 9780312216061. The state sponsored process of Islamisation dramatically increased sectarian divisions not only between Sunnis and Shia over the issue of the 1979 Zakat Ordinance, but also between Deobandis and Barelvis.
  16. ^ a b c d e f g h Talbot, Ian (1998). Pakistan, a Modern History. NY: St.Martin's Press. p. 281. ISBN 9780312216061.
  17. ^ Haqqani, Husain (2010). Pakistan: Between Mosque and Military. Carnegie Endowment. p. 132. ISBN 9780870032851.
  18. ^ a b c Talbot, Ian (1998). Pakistan, a Modern History. NY: St.Martin's Press. p. 286. ISBN 9780312216061.
  19. ^ International Religious Freedom Report 2006 Published by the US Department of State
  20. ^ John L. Esposito The Islamic Threat: Myth or Reality? page 64 Oxford University Press, 1999 ISBN 0199727201, 9780199727209
  21. ^ Dhulipala, Venkat (2015). Creating a New Medina: State Power, Islam, and the Quest for Pakistan in Late Colonial North India. Cambridge University Press. p. 496. ISBN 9781316258385. The idea of Pakistan may have had its share of ambiguities, but its dismissal as a vague emotive symbol hardly illuminates the reasons as to why it received such overwhelmingly popular support among Indian Muslims, especially those in the 'minority provinces' of British India such as U.P.
  22. ^ Dhulipala, Venkat (2015). Creating a New Medina: State Power, Islam, and the Quest for Pakistan in Late Colonial North India. Cambridge University Press. p. 497. ISBN 9781316258385. As the book has demonstrated, local ML functionaries, (U.P.) ML leadership, Muslim modernists at Aligarh, the ulama and even Jinnah at times articulated their vision of Pakistan in terms of an Islamic state.
  23. ^ a b c Dhulipala, Venkat (2015). Creating a New Medina: State Power, Islam, and the Quest for Pakistan in Late Colonial North India. Cambridge University Press. p. 489. ISBN 9781316258385. But what is undeniable is the close association he developed with the ulama, for when he died a little over a year after Pakistan was born, Maulana Shabbir Ahmad Usmani, in his funeral oration, described Jinnah as the greatest Muslim after the Mughal Emperor Aurangzeb.
  24. ^ "Arabic as official language". Arab News. 1 February 2013. Retrieved 9 April 2024.
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  26. ^ Zein, Subhan; Coady, Maria R. (22 September 2021). Early Language Learning Policy in the 21st Century: An International Perspective. Springer Nature. p. 136. ISBN 978-3-030-76251-3. Retrieved 27 November 2022.
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  29. ^ Liaquat H. Merchant (27 December 2020). "Time to idealise Jinnah's Pakistan". dawn.com.
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  33. ^ Michael Heng Siam-Heng, Ten Chin Liew (2010). State and Secularism: Perspectives from Asia§General Zia-ul-Haq and Patronage of Islamism. Singapore: World Scientific. p. 360. ISBN 9789814282383.
  34. ^ Ḥaqqānī, Husain (2005). Pakistan: between mosque and military. Washington: Carnegie Endowment for International Peace. p. 131. ISBN 978-0-87003-214-1. Retrieved 23 May 2010. Zia ul-Haq is often identified as the person most responsible for turning Pakistan into a global center for political Islam. Undoubtedly, Zia went farthest in defining Pakistan as an Islamic state, and he nurtured the jihadist ideology ...
  35. ^ Haqqani, Husain (2010). Pakistan: Between Mosque and Military. Carnegie Endowment. p. 16. ISBN 9780870032851.
  36. ^ Hussain, Rizwan. Pakistan. Archived from the original on 21 November 2008. The first important result of the combined efforts of the Jamāʿat-i Islāmī and the ʿulamāʿ was the passage of the Objectives Resolution in March 1949, whose formulation reflected compromise between traditionalists and modernists. The resolution embodied "the main principles on which the constitution of Pakistan is to be based." It declared that "sovereignty over the entire universe belongs to God Almighty alone and the authority which He has delegated to the State of Pakistan through its people for being exercised within the limits prescribed by Him is a sacred trust," that "the principles of democracy, freedom, equality, tolerance and social justice, as enunciated by Islam shall be fully observed," and that "the Muslims shall be enabled to order their lives in the individual and collective spheres in accord with the teaching and requirements of Islam as set out in the Holy Qurʿan and Sunna." The Objectives Resolution has been reproduced as a preamble to the constitutions of 1956, 1962, and 1973. {{cite book}}: |work= ignored (help)
  37. ^ a b c Haqqani, Husain (2010). Pakistan: Between Mosque and Military. Carnegie Endowment. p. 18. ISBN 9780870032851.
  38. ^ Dhulipala, Venkat (2015). Creating a New Medina: State Power, Islam, and the Quest for Pakistan in Late Colonial North India. Cambridge University Press. p. 491. ISBN 9781316258385.
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  40. ^ Khan, Sher Ali (12 February 2016). "Global connections: The crackdown on Hizbut Tahrir intensifies". Herald.
  41. ^ Cochrane, Iain (2009). The Causes of the Bangladesh War. Lulu.com. ISBN 9781445240435. The social scientist, Nasim Ahmad Jawed has conducted a survey of nationalism in pre-divided Pakistan and identifies the links between religion, politics and nationalism in both wings of Pakistan. His findings are fascinating and go some way to explain the differing attitudes of West and East Pakistan to the relationship between Islam and Pakistani nationalism and how this affected the views of people in both wings, especially the views of the peoples of both wings towards each other. In 1969, Jawed conducted a survey on the type of national identity that was used by educated professional people. He found that just over 60% in the East wing professed to have a secular national identity. However, in the West wing, the same figure professed an Islamic and not a secular identity. Furthermore, the same figure in the East wing described their identity in terms of their ethnicity and not in terms of Islam. He found that the opposite was the case in the West wing where Islam was stated to be more important than ethnicity.
  42. ^ Diamantides, Marinos; Gearey, Adam (2011). Islam, Law and Identity. Routledge. p. 196. ISBN 9781136675652.
  43. ^ Iqbal, Khurshid (2009). The Right to Development in International Law: The Case of Pakistan. Routledge. p. 189. ISBN 9781134019991.
  44. ^ Diamantides, Marinos; Gearey, Adam (2011). Islam, Law and Identity. Routledge. p. 198. ISBN 9781136675652.
  45. ^ Grote, Rainer (2012). Constitutionalism in Islamic Countries: Between Upheaval and Continuity. Oxford University Press. p. 196. ISBN 9780199910168.
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  47. ^ a b Kepel, Gilles (2002). Jihad: The Trail of Political Islam (2006 ed.). I.B.Tauris. pp. 100–101. ISBN 9781845112578. Retrieved 5 December 2014.
  48. ^ Michael Heng Siam-Heng, Ten Chin Liew (2010). State and Secularism: Perspectives from Asia§General Zia-ul-Haq and Patronage of Islamism. Singapore: World Scientific. p. 360. ISBN 9789814282383.
  49. ^ Haqqani, Husain (2010). Pakistan: between mosque and military. Carnegie Endowment. p. 132. ISBN 9780870032851.
  50. ^ Talbot, Ian (1998). Pakistan, a Modern History. NY: St.Martin's Press. p. 251. ISBN 9780312216061.
  51. ^ speech given On 2 December 1978, on the occasion of the first day of the Hijra
  52. ^ Haqqani, Husain (2005). Pakistan:Between Mosque and Military; §From Islamic Republic to Islamic State. United States: Carnegie Endowment for International Peace (July 2005). p. 92. ISBN 978-0-87003-214-1.
  53. ^ from interview in 1979 given to British journalist Ian Stephens Haqqani, Husain (2005). Pakistan:Between Mosque and Military; §From Islamic Republic to Islamic State. United States: Carnegie Endowment for International Peace (July 2005). p. 136. ISBN 978-0-87003-214-1.
  54. ^ Talbot, Ian (1998). Pakistan, a Modern History. NY: St.Martin's Press. p. 286. ISBN 9780312216061. Zia increasingly realised that a return to the medieval prescriptions of some of the 'ulama could not serve the needs of a modern state. After 1980 he distanced himself from them, although not with respect to the persecution of the Ahmadis.
  55. ^ Talbot, Ian (1998). Pakistan, a Modern History. NY: St.Martin's Press. p. 282. ISBN 9780312216061. The most vulnerable of the minority communities, the Ahmadis, suffered most from the amendment of the Pakistan Penal Code. ... in 1983, when religious opponents to the slowness of the Islamisation process spread the rumour that Zia was an Ahmadi. The President was forced to deny this allegation publicly and denounce the Ahmadis as kafirs (infidels).
  56. ^ Richter, William L. (February 1985). "Pakistan in 1984: Digging In". Asian Survey. 25 (2): 147. doi:10.2307/2644298. JSTOR 2644298.
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  59. ^ According to Charles Kennedy, none of the crimes was new to Pakistani law, (Islamisation of Laws and Economy, p.42)
  60. ^ Lau, Martin (1 September 2007). "Twenty-Five Years of Hudood Ordinances- A Review". Washington and Lee Law Review. 64 (4): 1292, 1296. Retrieved 18 November 2014.
  61. ^ a b c d Michael Heng Siam-Heng, Ten Chin Liew (2010). State and Secularism: Perspectives from Asia§General Zia-ul-Haq and Patronage of Islamism. Singapore: World Scientific. p. 360. ISBN 9789814282383.
  62. ^ Kennedy, Islamization of Laws and Economy, 1996[broken anchor]: p.42
  63. ^ a b c Haqqani, Husain (2005). Pakistan: Between Mosque and Military. Palgrave MacMillan. p. 144. ISBN 9780870032851. Retrieved 20 November 2014.
  64. ^ Prison Bound: The Denial of Juvenile Justice in Pakistan. Human Rights Watch. 1999. p. 18. ISBN 9781564322425. Retrieved 29 January 2015. Because the promulgation of the Zina Ordinance entailed the abolition of Pakistan's statutory rape law, girls as young as twelve have been prosecuted for having extra-marital intercourse under circumstances that would previously have mandated statutory rape charges against their assailant.
  65. ^ Lau, Martin (1 September 2007). "Twenty-Five Years of Hudood Ordinances- A Review". Washington and Lee Law Review. 64 (4): 1292. Retrieved 18 November 2014.
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  67. ^ a b c Kalanauri, Zafar Iqbal. "A Review of Zina Laws in Pakistan" (PDF). zklawassociates.com. Retrieved 10 December 2014. Promulgated in the name of Islam, the Zina Ordinance became a tool of oppression at the hands of vengeful husbands and parents intent on punishing their wives or daughters for disobedience. ... successive governments had failed to repeal or amend the law. Whenever even small changes were proposed, religious groups and political parties staged large scale demonstrations in Pakistan
  68. ^ Usmani, Mohammad Taqi. "The Reality of 'Women Protection Bill'". Hudood Ordinance. Archived from the original on 2 March 2008. Retrieved 19 November 2014. Now arises the question why is there so much insistence on abolishing the shari'a punishment for Zina bil Jabr? The reason for this is an extremely unjust propaganda which certain circles are busily spreading ever since the Hudood ordinance has been implemented.
  69. ^ for Fehmida and Allah Bakhsh
  70. ^ of Shahida Parveen and Muhammad Sarwar
  71. ^ In this case the trial court took the view that notice of divorce by Shahida's former husband, Khushi Muhammad should have been given to the Chairman of the local council, as stipulated under Section-7(3) of the Muslim Family Laws Ordinance, 1961. This section states that any man who divorces his wife must register it with the Union Council. Otherwise, the court concluded that the divorce stood invalidated and the couple became liable to conviction under the Zina ordinance.
  72. ^ "KARACHI: KU workshop urges review of Hudood laws". dawn.com. 23 September 2005. Retrieved 19 November 2014.
  73. ^ "Rape of the Law". Newslinemagazine.com. 5 October 2003. Archived from the original on 9 October 2011. Retrieved 13 November 2011.
  74. ^ Chapter 3-A (articles 203-b 203-J) of the constitution (source: Kennedy, Charles (1996). "Introduction". Islamization of Laws and Economy, Case Studies on Pakistan. Anis Ahmad, Author of introduction. Institute of Policy Studies, The Islamic Foundation. p. 25.)
  75. ^ Kennedy, Charles (1996). "Introduction". Islamization of Laws and Economy, Case Studies on Pakistan. Anis Ahmad, Author of introduction. Institute of Policy Studies, The Islamic Foundation. p. 25.)
  76. ^ Mass, Leslie Noyes (15 October 2011). Back to Pakistan: A Fifty-Year Journey. Rowman & Littlefield. p. 93. ISBN 9781442213197. Retrieved 12 December 2014.
  77. ^ Kennedy, Islamization of Laws and Economy, 1996[broken anchor]: p.35
  78. ^ Kennedy, Islamization of Laws and Economy, 1996[broken anchor]: p.35-6
  79. ^ i.e. the provincial High Courts, Federal Shariah Court and Supreme Court
  80. ^ for example of the 23 judges who served on the FSC from 1980 to 1989 18 were former high court judges and 20 possessed western-style law degrees.
  81. ^ a b Kennedy, Islamization of Laws and Economy, 1996[broken anchor]
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  83. ^ Jahangir, Asma (30 September 2000). "Human Rights in Pakistan, a System in the Making.". In Samantha, Power (ed.). Realizing Human Rights: Moving from Inspiration to Impact. Palgrave MacMillan. p. 181. ISBN 9780312234942. Retrieved 20 November 2014.
  84. ^ a b c Blasphemy Laws in Pakistan
  85. ^ a b Talbot, Ian (1998). Pakistan, a Modern History. NY: St.Martin's Press. p. 283. ISBN 9780312216061.
  86. ^ "PAKISTAN BLASPHEMY LAWS ENDING THE ABUSE OF THE BLASPHEMY LAWS". pakistanblasphemylaw.com. Archived from the original on 13 December 2014. Retrieved 13 December 2014.
  87. ^ "PAKISTAN BLASPHEMY LAWS ENDING THE ABUSE OF THE BLASPHEMY LAWS". pakistanblasphemylaw.com. Archived from the original on 13 December 2014. Retrieved 13 December 2014. This law was amended further in 1982 as 295-B, defiling the Holy Qur'an, was added by Presidential Ordinance 1
  88. ^ (Act III of 1986, Criminal Law (Amendment) Act, Section 2)
  89. ^ Talbot, Ian (1998). Pakistan, a Modern History. NY: St.Martin's Press. p. 282. ISBN 9780312216061. ... following the judicial amendment of the Federal Shariat Court in February 1990, [the Blasphemy Law] carried with it a mandatory death penalty.
  90. ^ "Pakistan: Whether section 298 of the Pakistan Penal Code (PPC) refers to any offence under religious law or Shari'a and, if so, the penalty under religious law or Shari'a". refworld. Retrieved 9 December 2014.
  91. ^ a b "Timeline: Accused under the Blasphemy Law". Dawn.com. 18 August 2013. Retrieved 10 December 2014.
  92. ^ Lee, Morgan (20 August 2013). "Muslim Cleric Accused to Framing Christian Girl of Blasphemy is Freed By Pakistan Court Amid Witness Death Threat Rumors". CP World. Archived from the original on 29 November 2014. Retrieved 21 November 2014.
  93. ^ Hanif, Mohammed (5 September 2012). "How to commit blasphemy in Pakistan". The Guardian. Retrieved 10 December 2014.
  94. ^ a b Hashim, Asad (17 May 2014). "Living in fear under Pakistan's blasphemy law". Al Jazeera. Retrieved 21 November 2014. In Pakistan, 17 people are on death row for blasphemy, and dozens more have been extrajudicially murdered.
  95. ^ "What are Pakistan's blasphemy laws?". BBC News. 8 May 2019. Retrieved 2 September 2023.
  96. ^ Blasphemy in Pakistan Bad-mouthing, economist.com.
  97. ^ Attack on Hindus prompts blasphemy case in Pakistan| AP| 30 September 2012| dawn.com
  98. ^ Ali, Rabia (30 September 2012). "Attackers of Hindu temple charged with blasphemy". Express Tribune. In an extraordinary turn of events, Section 295-A was used to register a blasphemy case against Muslim men for damaging a Hindu temple during riots on Ishq-e-Rasool Day.
  99. ^ "DOCUMENT - PAKISTAN: USE AND ABUSE OF THE BLASPHEMY LAWS. 3. Cases of abuse of the blasphemy law". Amnesty International. 10 December 2014. Retrieved 10 December 2014.
  100. ^ "Amnesty International Report 1995 - Pakistan". RefWorld. Retrieved 10 December 2014.
  101. ^ Nelson, Matthew (2008) In the Shadow of Shari'ah.
  102. ^ Malik, Jamal (1996) Colonization of Islam.
  103. ^ Talbot, Ian (1998). Pakistan, a Modern History. NY: St.Martin's Press. p. 278. ISBN 9780312216061. ... the ushr and zakat taxes did not eliminate rural and urban poverty or reduce the massive inequalities in wealth which had become a traditional feature of Pakistani society.
  104. ^ Salim, Arskal (2008). Challenging the Secular State: The Islamization of Law in Modern Indonesia. University of Hawaii Press. pp. 117–119. ISBN 9780824832377. Retrieved 3 December 2014.
  105. ^ a b Mehboob, Aurangzaib (2002). "Executive Initiative I" (PDF). Islamization of Economy. Islamic Studies. pp. 682–686. Archived from the original (PDF) on 20 January 2015. Retrieved 12 August 2012.
  106. ^ a b Kennedy, Islamization of Laws and Economy, 1996[broken anchor]: p.128-9
  107. ^ Yousaf, Omar (2 October 2010). "(Not so) Islamic land reforms". Express Tribune Blogs. Retrieved 8 December 2014.
  108. ^ a b Politics in Pakistan: the nature and direction of change, Khalid B. Sayeed, Praeger, 1980
  109. ^ a b c Ghazali, Abdus Sattar (1996). Islamic Pakistan: illusions and reality. National Book Club. p. 119. Retrieved 13 December 2014.
  110. ^ Kennedy, Charles (1996). Islamization of Laws and Economy, Case Studies on Pakistan. Institute of Policy Studies, The Islamic Foundation. p. 121.
  111. ^ Jones, Owen Bennett (2002). Pakistan: Eye of the Storm. Yale University Press. p. 31. ISBN 978-0300101478. Retrieved 9 December 2014.
  112. ^ Federation of Pakistan v. Gul Hasan Khan, PLD 1989 SC 633–685, affirming PLD 1980 Pesh 1–20 and PLD 1980 FSC 1–60
  113. ^ Shah, Waseem Ahmad (16 September 2013). "Pros and cons of Qisas and Diyat law". Dawn. Retrieved 8 December 2014.
  114. ^ "The QANUN-E-SHAHAOAT ORDER (X OF 1984) [28th October. 1984] Chapter II, 17" (PDF). punjab police. Retrieved 10 December 2014. (a) in matters pertaining to financial or future obligations, if reduced to writing, the instrument shall be attested by two men or one man and two women, so that one may remind the other, if necessary, and evidence shall be led accordingly
  115. ^ Kennedy, Islamization of Laws and Economy, 1996[broken anchor]: p.41
  116. ^ Ali, Komal (28 July 2012). "Why should minorities suffer in Ramazan?". Express Tribune Blog. Retrieved 8 December 2014.
  117. ^ Talbot, Ian (1998). Pakistan, a Modern History. NY: St.Martin's Press. p. 280. ISBN 9780312216061. The Ansari commission, which from 1980s onwards advised the President on uni-Islamic social conventions, recommended that women should be prohibited from leaving the country without a male escort and that unmarried, unaccompanied women should not be allowed to serve overseas in the diplomatic corps. An Islamic dress code was imposed on women in the public eye such as newsreaders and air stewardesses.
  118. ^ a b c d WEISMAN, STEVEN R. (10 August 1986). "THE 'ISLAMIZATION' OF PAKISTAN: STILL MOVING SLOWLY AND STILL STIRRING DEBATE". The New York Times. New York Times. Retrieved 14 January 2015.
  119. ^ Hoodbhoy, Pervez, Islam and Science: Religious Orthodoxy and the Battle for Rationality (London: Zed, 1991), pp. 140-54
  120. ^ "Islamization Under General Zia-ul-Haq". story of pakistan. 1 June 2003. Retrieved 2 January 2014.
  121. ^ Prison Bound: The Denial of Juvenile Justice in Pakistan. Human Rights Watch. 1999. p. 42. ISBN 9781564322425. Retrieved 29 January 2015.
  122. ^ Pakistan Law Commission, "Report on Jail Reform, 1997", p.22
  123. ^ a b Frontline Pakistan: The Struggle with Militant Islam, edited by Zahid Hussain, Columbia University Press, 2006, p.81
  124. ^ a b c Apocalyptic Realm: Jihadists in South Asia, By Dilip Hiro, Yale University Press, 2012, p.162
  125. ^ Talbot, Ian (1998). Pakistan, a Modern History. NY: St.Martin's Press. p. 279. ISBN 9780312216061.
  126. ^ a b Frontline Pakistan: The Struggle with Militant Islam, edited by Zahid Hussain, Columbia University Press, 2006, p.78
  127. ^ "Lollywood goes pop". On The Media. 20 August 2004. Retrieved 23 December 2014.
  128. ^ Branigan, Tania (13 February 2004). "My film is part of the peace process". London: Guardian Unlimited. Retrieved 23 December 2014.
  129. ^ Arif, PA, General (retired) Khalid Mahmood (1995). Working with Zia: Pakistan's power politics, 1977–1988. United Kingdom: Oxford University Press, 1995. p. 435. ISBN 978-0-19-577570-9.
  130. ^ Nadeem F. Paracha (28 March 2013). "Times of the Vital Sign". Dawn News, Nadeem F. Paracha. Retrieved 3 April 2013. This was a time when the wily General Ziaul-Haq was reigning supreme ... Even though the country, at the time was covered by a ... façade of strict conservatism and ... moralistic pretence,... Ironically, it ... also propelled the gradual expansion of the country's urban middle and lower-middle-classes. And it is the youth cultures that emerged from these classes that launched the first shots of the kind of pop culture, scene and music we now call modern Pakistani pop.
  131. ^ Paracha, Nadeem F. (16 March 2014). "Street dancing years: The golden age of Pakistani pop music". Dawn.com. Retrieved 22 December 2014. The years between 1987 and 1999 constitute the golden age of Pakistani pop and rock music.
  132. ^ Ali, Syed Hamad (17 April 2012). "In Pakistan, saying goodbye can be a religious statement". The Guardian. Retrieved 23 January 2020.
  133. ^ Nasr, Mawdudi and the Making of Islamic Revivalism, 1996: p.46
  134. ^ Talbot, Ian (1998). Pakistan, a Modern History. NY: St.Martin's Press. p. 252. ISBN 9780312216061. The need for stability in the strategic region of Balochistan during the Afghan war led Zia to distance himself from the sectarian conflict between the heterodox Zikri community and the `ulama. ... Significantly standing aside from the issue, Zia lent credence to critics' claim that his call for Islamisation was just a cover for his undemocratic regime rather than a genuine desire.
  135. ^ Islamization of Laws and Economy: Case Studies on Pakistan| Charles H. Kennedy| Institute of Policy Studies, 1996| p.89
  136. ^ Nasr, Shia Revival, 2016, p.160
  137. ^ Broder, Jonathan (10 November 1987). "Sectarian Strife Threatens Pakistan's Fragile Society". Chicago Tribune. Retrieved 31 December 2016. But President Mohammad Zia ul-Haq`s program of Islamizing Pakistan`s political, economic and social life, begun in 1979, has proved to be a divisive wedge between Sunnis and Shiites. `The government says only one code of law-the Sunni code-applies to all, and the Shiites won`t agree to it,` says Ghufar Ahmed, a member of National Assembly from the Sunni fundamentalist Jamaat-i-Islami Party, an influential opposition group that has spearheaded the campaign to subordinate the state to Islam.
  138. ^ Nasr, Vali (2004). "Islamization, the State and Development" (PDF). In Hathaway, Robert; Lee, Wilson (eds.). ISLAMIZATION AND THE PAKISTANI ECONOMY. Woodrow Wilson International Center or Scholars. p. 98. Retrieved 30 January 2015. The fact that the government capitulated to the demands of the Shi'is and exempted them from zakat collection led more and more Pakistanis to declare themselves as Shi'is. This had the effect of hardening anti-Shi'i attitudes among Sunni Islamic activists. State policy therefore intensified sectarian conflict, which has since 1988 become one of the most visible religio-political axes of conflict in the country.
  139. ^ Faith-Based Violence and Deobandi Militancy in Pakistan. Springer. 2016. p. 346. ISBN 9781349949663. The grave impact of that legacy was compunded by the Iranian Revolution, and Zia-ul Haq's anti-Shia policies, which added the violence and regimentation of the organization.
  140. ^ Jones, Brian H. (2010). Around Rakaposhi. Brian H Jones. ISBN 9780980810721. Many Shias in the region feel that they have been discriminated against since 1948. They claim that the Pakistani government continually gives preferences to Sunnis in business, in official positions, and in the administration of justice...The situation deteriorated sharply during the 1980s under the presidency of the tyrannical Zia-ul Haq when there were many attacks on the Shia population.
  141. ^ a b Broder, Jonathan (10 November 1987). "Sectarian Strife Threatens Pakistan's Fragile Society". Chicago Tribune. Retrieved 31 December 2016. Pakistan`s first major Shiite-Sunni riots erupted in 1983 in Karachi during the Shiite holiday of Muharram; at least 60 people were killed. More Muharram disturbances followed over the next three years, spreading to Lahore and the Baluchistan region and leaving hundreds more dead. Last July, Sunnis and Shiites, many of them armed with locally made automatic weapons, clashed in the northwestern town of Parachinar, where at least 200 died.
  142. ^ "The ways of revenge in Chilas, Gilgit-Baltistan, Pakistan: Shia-Sunni clashes as blood feuds" (PDF). Zeitschrift für Aktuelle Ethnologische Studien. 2014. Many Shias in the region feel that they have been discriminated against since 1948. They claim that the Pakistani government continually gives preferences to Sunnis in business, in official positions, and in the administration of justice...The situation deteriorated sharply during the 1980s under the presidency of the tyrannical Zia-ul Haq when there were many attacks on the Shia population. In one of the most notorious incidents, during May 1988 Sunni assailants destroyed Shia villages, forcing thousands of people to flee to Gilgit for refuge. Shia mosques were razed and about 100 people were killed
  143. ^ Raman, B (26 February 2003). "The Karachi Attack: The Kashmir Link". Rediiff News. Retrieved 31 December 2016. A revolt by the Shias of Gilgit was ruthlessly suppressed by the Zia-ul Haq regime in 1988, killing hundreds of Shias. An armed group of tribals from Afghanistan and the North-West Frontier Province, led by Osama bin Laden, was inducted by the Pakistan Army into Gilgit and adjoining areas to suppress the revolt.
  144. ^ Taimur, Shamil (12 October 2016). "This Muharram, Gilgit gives peace a chance". Herald. Retrieved 31 December 2016. This led to violent clashes between the two sects. In 1988, after a brief calm of nearly four days, the military regime allegedly used certain militants along with local Sunnis to 'teach a lesson' to Shias, which led to hundreds of Shias and Sunnis being killed.
  145. ^ International Organizations and The Rise of ISIL: Global Responses to Human Security Threats. Routledge. 2016. pp. 37–38. ISBN 9781315536088. Several hundred Shiite civilians in Gilgit, Pakistan, were massacred in 1988 by Osama Bin Laden and his Taliban fighters (Raman, 2004).
  146. ^ Murphy, Eamon (2013). The Making of Terrorism in Pakistan: Historical and Social Roots of Extremism. Routledge. p. 134. ISBN 9780415565264. Shias in the district of Gilgit were assaulted, killed and raped by an invading Sunni lashkar-armed militia-comprising thousands of jihadis from the North West Frontier Province.
  147. ^ Long, Roger D.; Singh, Gurharpal; Samad, Yunas; Talbot, Ian (2015). State and Nation-Building in Pakistan: Beyond Islam and Security. Routledge. p. 167. ISBN 9781317448204. In the 1940s a solid majority of the Barelvis were supporters of the Pakistan Movement and played a supporting role in its final phase (1940-7), mostly under the banner of the All-India Sunni Conference which had been founded in 1925.
  148. ^ Cesari, Jocelyne (2014). The Awakening of Muslim Democracy: Religion, Modernity, and the State. Cambridge University Press. p. 135. ISBN 9781107513297. For example, the Barelvi ulama supported the formation of the state of Pakistan and thought that any alliance with Hindus (such as that between the Indian National Congress and the Jamiat ulama-I-Hind [JUH]) was counterproductive.
  149. ^ John, Wilson (2009). Pakistan: The Struggle Within. Pearson Education India. p. 87. ISBN 9788131725047. During the 1946 election, Barelvi Ulama issued fatwas in favour of the Muslim League.
  150. ^ a b c Syed, Jawad; Pio, Edwina; Kamran, Tahir; Zaidi, Abbas (2016). Faith-Based Violence and Deobandi Militancy in Pakistan. Springer. p. 379. ISBN 9781349949663. Ironically, Islamic state politics in Pakistan was mostly in favour of Deobandi, and more recently Ahl-e Hadith/Salafi, institutions. Only a few Deobandi clerics decided to support the Pakistan Movement, but they were highly influential.
  151. ^ Moj, Muhammad (2015). The Deoband Madrassah Movement: Countercultural Trends and Tendencies. Anthem Press. p. 84. ISBN 9781783084463.
  152. ^ Quran 2:282
  153. ^ "1992 Report. Pakistan. Double Jeopardy Police Abuse of Women in Pakistan". Human Rights Watch. Retrieved 10 December 2014.
  154. ^ a b c Ahmed, Islamization of Laws and Economy, 1996, Introduction: pp.14, 17, 21
  155. ^ a b Kennedy, Charles (1996). "Introduction". Islamization of Laws and Economy, Case Studies on Pakistan. Anis Ahmad, author of introduction. Institute of Policy Studies, The Islamic Foundation. p. 22.
  156. ^ Kennedy, Charles (1996). "Introduction". Islamization of Laws and Economy, Case Studies on Pakistan. Anis Ahmad, author of introduction. Institute of Policy Studies, The Islamic Foundation. p. 21.
  157. ^ Ahmed, Islamization of Laws and Economy, 1996, Introduction: p.29
  158. ^ Kennedy, Charles (1996). "Introduction". Islamization of Laws and Economy, Case Studies on Pakistan. Anis Ahmad, author of introduction. Institute of Policy Studies, The Islamic Foundation. p. 26.
  159. ^ Ahmed, Islamization of Laws and Economy, 1996, Introduction: p.27
  160. ^ "The Islamization of Pakistan, 1979-2009". Middle East Institute. 14 July 2009. Retrieved 19 December 2014.
  161. ^ Kennedy, Charles (Spring 1990). "Islamization and Legal Reform in Pakistan, 1979-1989". Pacific Affairs. 63 (1): 62–67. doi:10.2307/2759814. JSTOR 2759814.
  162. ^ Kennedy, Charles (1996). Islamization of Laws and Economy, Case Studies on Pakistan. Institute of Policy Studies, The Islamic Foundation. p. 35. [Zia's Islamisation] reforms were either (a) a mere reinforcement and in some cases tightening of policies or practices already in place (e.g. chadar, gambling, prohibition); (b) cosmetic changes in existing policies or practices (e.g. profit-loss sharing scheme, zabat collection); (c) were left unimplemented or nonjusticiable (e.g. the ban on riba, textbook reform); (d) if implemented, constituted relatively minor changes in existing policies or practices (e.g. educational reform, introduction of Islamic banks).
  163. ^ Kennedy, Islamization of Laws and Economy, 1996[broken anchor]: p.43-47
  164. ^ a b Kennedy, Islamization of Laws and Economy, 1996[broken anchor]: p.47
  165. ^ Kennedy, Islamization of Laws and Economy, 1996[broken anchor]: p.49
  166. ^ Kennedy, Islamization of Laws and Economy, 1996[broken anchor]: p.69
  167. ^ Kennedy, Islamization of Laws and Economy, 1996[broken anchor]: p.50
  168. ^ "punishment by causing similar hurt at the same part of the body of the convict as he has caused to the victim or by causing his death if he has committed qatl-i-amd in exercise of the right of the victim or a Wali."
  169. ^ "compensation specified in section 323 payable to the heirs of the victims."
  170. ^ a b Shah, Waseem Ahmad (16 September 2013). "Pros and cons of Qisas and Diyat law". dawn.com. Retrieved 12 January 2015.
  171. ^ Prison Bound: The Denial of Juvenile Justice in Pakistan. Human Rights Watch. 1999. p. 46. ISBN 9781564322425. Retrieved 29 January 2015.
  172. ^ Peters, Rudolph (2005). Crime and Punishment in Islamic Law: Theory and Practice from the Sixteenth ... Cambridge University Press. p. 160. ISBN 9781139445344.
  173. ^ Kennedy, Islamization of Laws and Economy, 1996[broken anchor]: p.101
  174. ^ Kennedy, Islamization of Laws and Economy, 1996[broken anchor]: p.94
  175. ^ a b Kennedy, Islamization of Laws and Economy, 1996[broken anchor]: p.95
  176. ^ Abiad, Nisrine; Mansoor, Farkhanda Zia (2010). Criminal Law and the Rights of the Child in Muslim States: A Comparative and ... BIICL. p. 238. ISBN 9781905221455. Retrieved 28 January 2015.
  177. ^ Kennedy, Islamization of Laws and Economy, 1996[broken anchor]: p.96
  178. ^ Kennedy, Islamization of Laws and Economy, 1996[broken anchor]: p.99-100
  179. ^ in the 1989 case: Federation of Pakistan v. Gul Hasan Khan, PLD 1989, SC633, (quoted in Kennedy, Charles (1996). "Introduction". Islamization of Laws and Economy, Case Studies on Pakistan. Anis Ahmad, author of introduction. Institute of Policy Studies, The Islamic Foundation. p. 80.
  180. ^ In 1989 case, Qazalbash Qaqf v. Chief Land Commissioner, Punjab, PLD 1990, SC 99 (quoted in Kennedy, Charles (1996). "Introduction". Islamization of Laws and Economy, Case Studies on Pakistan. Anis Ahmad, author of introduction. Institute of Policy Studies, The Islamic Foundation. p. 80.
  181. ^ Kennedy, Charles (1996). Islamization of Laws and Economy, Case Studies on Pakistan. Institute of Policy Studies, The Islamic Foundation. p. 120.
  182. ^ As of 2014, this ruling appears to have remained in effect according to: Butt, Aamir. "Ibtidah Current Affairs Social Development Creative Writing Photo Journalism Inspiration Philosophy and Natural Sciences LAND REFORMS IN PAKISTAN-A REVIEW". laaltain.com. Retrieved 1 January 2015.
  183. ^ Khan, Shahid Saeed (22 September 2010). "Land Reforms – History, Legal challenges and how Shariat Courts abolished them". secularpakistan. Retrieved 2 January 2014.
  184. ^ Kennedy, Islamization of Laws and Economy, 1996[broken anchor]: p.129-30
  185. ^ Case: Mahmood-ur-Rehman Faisal vs. Secretary, Ministry of Law and Parliamentary Affairs
  186. ^ Kennedy, Islamization of Laws and Economy, 1996[broken anchor]: p.134-7
  187. ^ Kennedy, Islamization of Laws and Economy, 1996[broken anchor]: p.135-6
  188. ^ Hathaway Wilson Lee, Robert M., ed. (2006). "Pakistan's Superior Courts and the Prohibition of Riba" (PDF). ISLAMIZATION AND THE PAKISTANI ECONOMY. Woodrow Wilson International Center or Scholars. Retrieved 19 January 2015.
  189. ^ "Islamic Law on Interest: 1999 Pakistan Supreme Court Ruling on Riba". The World Bank Legal Review. Walters Kluwer. 2003. p. 393. ISBN 9789041120014. Retrieved 26 January 2015.[permanent dead link]
  190. ^ a b Nisar, Shariq. "Contemporary Issues Facing Islamic Banking" (PDF). shariqnisar.com. p. 6. Archived from the original (PDF) on 30 January 2015. Retrieved 27 January 2015.
  191. ^ Kennedy, Pakistan’s Superior Courts and the Prohibition of Riba, 2006[broken anchor]: p.111-113
  192. ^ "No debate on Hudood Allah (Allah's laws as prescribed in Quran and Sunnah)-is the Hudood Ordinance (Man's interpretation of Allah's law) Islamic?" on Geo television channel
  193. ^ The Hindu, "Musharraf wants Hudood laws amended"
  194. ^ "Musharraf signs Women's bill"
  195. ^ Lau, "Twenty-Five Years of Hudood Ordinances", 2007: p.1308
  196. ^ Zaidi, Shajeel (17 August 2016). "In defence of Ziaul Haq". Express Tribune.
  197. ^ "Chapter 1: Beliefs About Sharia". Pew Research Center's Religion & Public Life Project. 30 April 2013. Retrieved 4 December 2016.
  198. ^ "Majorities of Muslims in Egypt and Pakistan support the death penalty for leaving Islam". Washington Post. Retrieved 4 December 2016.
  199. ^ "Majority of Pakistanis want government to Islamise society: Gallup Poll". Express Tribune. 31 May 2011. Retrieved 23 December 2014.
  200. ^ Poushter, Jacob (27 April 2016). "The Divide Over Islam and National Laws in the Muslim World". Pew Research Center's Global Attitudes Project. Retrieved 4 December 2016.
  201. ^ "What Do You Consider Yourself First?". Pew Research Center's Global Attitudes Project. 31 March 2010. Archived from the original on 25 April 2019. Retrieved 4 December 2016.

Bibliography

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