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INTERNATIONAL PROTECTION OF RELIGIOUS FREEDOM: IMPLEMENTATION IN PAKISTAN

Published: September 9, 2010

By:
TAFFAZUL H RIZVI
Advocate Supreme Court
LL.M (Cornell) SCCS (Cornell-Sorbonne)
taffazul@rizviandrizvi.com

ARTICLE READ AT THE 15TH ANNUAL SYMPOSIUM ON “INTERNATIONAL PROTECTION OF RELIGIOUS FREEDOM: NATIONAL IMPLEMENTATION” BRIGHAM YOUNG UNIVERSITY, PROVO, UTAH, USA OCTOBER 5-8, 2008

Ladies and Gentlemen, these days the world is split between reality and perception and it seems that nowadays perception is stronger than reality. I come from Pakistan where the reality is that majority of the population is liberal and forward looking and only a small but strident minority believes in the extreme form of religion, consequently, the perception that Pakistan is the land transforming into bedrock of simmering extremism that could blowup any moment.

It becomes more painful that in this age of technology, when the world is merely an email or a text message away, the gap between reality and perception, especially about Pakistan, is getting wider. I feel that most of the developed world is an audience hostage to news sources, who manipulate in order to increase their ratings; they take lead in spreading sensational news without verifying the veracity. The perception about Pakistan is that women are not allowed to drive cars; the reality is that Pakistani women captain Pakistan International Airlines aircrafts and are also flying air force jets. The perception is that women are not allowed to go out of their houses without covering themselves in a burqa or hijab, the reality is otherwise, one sees more hijabs in London than in Pakistan.

Ladies and Gentlemen, I represent a country which has a woman as the speaker of National Assembly and the only Muslim country which twice elected a woman, Benazir Bhutto as its Prime Minister.

  1. To understand the “Religious Freedom” from Pakistani perspective, I consider it necessary that the audience should be aware of the ideology of Pakistan.
  2. In the sub-continent of India, the Muslim population was either descendants of Arab traders or migrants from Central Asia or local converts. Muslims, who ruled the sub-continent for about 700 years, suddenly became a minority in the British Raj. As politics developed in colonial India, it made the Muslims realize the importance of their religio-cultural identity. It dawned upon them that their identity, rights and interests required special accommodation in any political and constitutional arrangement of the Sub-Continent and the Indian National Congress a predominantly Hindu political party, established in 1885 cannot sufficiently and actively safeguard their interests. It was this political awareness which lead to the creation of Pakistan in 1947.
  3. Religion has played an essential role in Pakistan since inception. No Government whether mililitary or civilian, has governed Pakistan without relying upon the religious factor which inter link the government and the masses. The founder of Pakistan, Mohammad Ali Jinnah (Quaid-i-Azam) a liberal person and religiously secular, used Islam to awake and  unite the divided Muslims of the Sub-Continent. But this should not be taken to imply that he wanted Pakistan to be a ‘theocratic state’ rather it should be understood in its larger perspective which is that without the support of that “religious factor”, it was not possible to gather Muslim communities in the sub-continent. Not only Jinnah, but the leaders of other communities including Hindu leaders also used similar way to unite their respective communities. Ironically all islamic religious parties of the sub-continent were aginst the creation of Pakistan at the time of partition of Sub-Continent.
  4. The founder of Pakistan Mohammad Ali Jinnah, affectionately called by Pakistanis as “father of the Nation” before leaving for Pakistan had announced and I quote “Just as I want every Hindu in Pakistan to be loyal to Pakistan, so do I want every Muslim in India to be loyal to India.” Unquote.
  5. Jinnah’s speech to the inaugural session of the first Constituent Assembly of Pakistan on August 11, 1947 elaborated the future policy of Pakistan regarding religious freedom in the following words: And I quote

“You are free; you are free to go to your temples; you are free to go to your mosques or any other places of worship 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. We are starting with the fundamental principle that we are all equal citizens. And you will find that in the course of time Hindus will cease to be Hindus and Muslims would cease to be Muslims not in the religious sense, because that is the personal faith of each individual, but in the political sense as citizens of the state.” Unquote.

  1. Now let us consult the Holy Quran to examine how religious autonomy and freedom of Non Muslims in an Islamic State is dealt with.

In Chapter 3: Verse, 20, the Quran says:

So if they dispute with you (Muhammad PBUH) say: “I have submitted myself to Allah (in Islam), and (so have) those who follow me.” And say to those who were given the Scripture (Jews and Christians) and to those who are illiterates (Arab pagans): “Do you (also) submit yourselves (to Allah in Islam)?” if they do, they are rightly guided; but if they turn away, your duty is only to convey the Message; and Allah is All-Seer of (His) slaves.

In Chapter 4: Verse, 80 the Quran says:

“He, who obeys the Messenger (Muhammad PBUH), has indeed obeyed Allah, but he who turns away, then we have not sent you (O Muhammad Peace Be Upon Him) as a watcher over them.”

Unfortunately these days Muslims in particular and public in general are given the wrong impression that Islam does not believe in protection of religious freedom.

  1. At this point, I would like to mention the Mesaq-e-Madina or the Covenant of Madina executed by Prophet Muhammad (PBUH) which was the first written contract of Islam. This was executed by the Prophet with the followers of other faith. In this covenant, the Prophet guaranteed peace and prosperity for the non-Muslims as well. This document has provided guidance to all Muslims and their rulers throughout history. I have highlighted this covenant for the reason that shortly when we consider the Constitution of Pakistan, the real spirit and motive for the legislation can be analyzed in its proper perspective.
  2. According to the Constitution of Pakistan, 1973 sovereignty belongs to Almighty Allah and the people of Pakistan exercises that authority remaining within the limits prescribed by Him. The Constitution vide its different articles guarantees the right of an individual to be dealt with in accordance with law, all laws inconsistent with or in derogation of fundamental rights to be void, equality of all citizens and their entitlement to equal protection of law, no discrimination regarding access to public places except the place meant for religious purposes.

Article 20 is particularly important with respect to religious freedom; it lays down that:

(a)                every citizen shall have the right to profess, practice and propagate his religion; and

(b)                every religious denomination and every sect there of shall have the right to establish, maintain and manage its religious institutions.

  1. Except for the offices of the President and Prime Minister of Pakistan, a non-muslim is entitled to hold any post in the State. The post of Chief Justice of Supreme Court is one of the important posts in any country. In the past Mr Justice A R Cornelius, Christian by faith held this post. A number of people from Christian, Hindu, Zoroastrians and Ahmedi minorities have also served as judges. The Constitution – the grund norm provides the mechanism for ensuring representation of minorities in the National Assembly, as there are reserved seats for them. Article 51, Sub-article 2-A entitles the minorities to be elected to it. The reserved seats for minorities are:

Christians                                                                         4

Hindus and persons belonging to the Scheduled Castes       4

Sikh, Budhist and Parsi Communities and other
non-Muslims                                                                    1

Persons belonging to the Qadiani group or the                    1

Lahori group (who call themselves Ahmadis)

There are a number of people from religious minorities who have served at important posts in Pakistan Armed Forces, Police Agencies and civil services of Pakistan.

  1. It would be appropriate that the discussion on implementation of Religious freedom in Pakistan is commenced from the issues of Ahmadis, also known as Qadianis.
  2. Since 1983, Ahmedis have been prohibited from holding public conferences or gatherings, they have been denied permission to hold their annual religious gathering. Ahmadis were banned from preaching their religion and were prohibited from traveling to Mecca for performing Hajj or other pilgrimages. Ahmadi publications are banned for public sale, but they are allowed to publish religious literature for a limited circulation. This appears to be very harsh but the reason for taking up these steps is that Ahmadis do not accept their minority status. They claim to be Muslims and that too in denial of basic tenet of Islam, the very essence of such act hurts the religious sentiments of the Muslims and the spirit of Islam. This resulted in a constitutional amendment in 1974 declaring Ahmadis to be Non-Muslim. The constituent assembly of Pakistan took up this question and after due consideration deliberated that Ahmedis, also known as (Qadianies) were NON Muslims. Article 260 (3) was added to the Constitution. After this Constitutional Amendment certain laws in this regard were legislated. The legal value of Ahmedi faith was discussed by Federal Shariat Court of Pakistan in the case reported as Mujib-ur-Rehman V. Federal Government of Pakistan (1985 FSC 8). In this Judgment, it has been held:

“The Constitution means that the Qadianis can profess what they believe in the unity of Allah and/or the prophet-hood of Mirza Sahib, but they cannot profess themselves to be Muslims or their faith to be Islam.”

This Judgment held that the legislation known as the Anti-Islamic Activities of Quadiani Group, Lahori Group and Ahmadis (Prohibition and Punishment) Ordinance (XX of 1984) was a valid legislation under the Constitution. Section 298(c), of Pakistan Penal Code, 1860 commonly referred to as the “Anti-Ahmedi law”, prohibits Ahmedis from calling themselves Muslims, referring to their faith as Islam, preaching or propagating their faith, inviting others to accept the Ahmadi faith, or insulting the religious feelings of Muslims. The punishment for violation is an imprisonment for up to 3 years and fine. Other religious communities are generally free to observe their religious obligations.

  1. Regarding the rights of Pakistani minorities, the Lahore High Court in a Judgment reported as Ahmad Yar Chohan V. Federal Public Service Commission (1998 MLD 1832) held:

“The administration of social, economic and political justice is one of the objectives of the Constitution as envisaged by Articles 2A and 37 of the Constitution. The appointments to the All Pakistan Service have always been made having regard to the representation of the Provinces/Regions. Article 36 of the Constitution makes it obligatory on the state to safeguard the legitimate rights and interest of minorities including their due representation in the Federal and Provincial Services. Similarly by Article 37 of the Constitution the State is required to promote with special care, the educational and economic interests of the backward classes or areas.

  1. It will be incorrect to say that in Pakistan generally the relations between religious communities are tense, although occasional skirmishes are reported but that is akin to the events in any other country of the world. In this regard, the blasphemy laws of Pakistan’s are to be discussed. These laws in themselves are not discriminatory but are prone to such use so as to settle personal scores as well as to intimidate even factions of Muslims, culminating into sectarianism. Under the Anti-Terrorist Act, any action including speech, intended to stir up religious hatred is punishable up to 7 years of imprisonment. Under this Act, parole is not allowed if the judge has reasonable grounds to believe that the accused is guilty. 2005 amendment requires that a senior police official investigate any blasphemy charge before a complaint is formally registered.
  2. Pakistan has an area of 310,527 square miles and a population of 160 Million. Official figures on religious demographics based on the most recent census, taken in 1998, showed that approximately 96 percent of the population is Muslim. Remaining are Hindus, Christians, Ahmadis, Zoroastrians, Sikhs, Buddhists and Baha’i. The majority of Muslims in the country are Sunni, with a Shi’a minority around 15 percent. Some tribes in Baluchistan and North-West Frontier Province (NWFP) practice traditional animist religions. Any speech or conduct that injures another’s religious feelings, including those of minority religious groups, is prohibited and punishable by imprisonment. However, in cases where the religious feelings of a minority religion were insulted, the blasphemy laws are rarely enforced and cases seldom brought to the legal system.
  3. The intrinsic tiff between the followers of different Muslim Fiqas (Schools of Thought) also exists, however all schools of thought freely exercise their rituals. Islam provides political and sociological formation within which Muslims society has to operate.
  4. In Pakistan, approximately 70 percent of Roman Catholics worshipers perform their religious rites regularly. The attendance at Hindu religious services increase substantially during festivals. Foreign missionaries operate in the country with full freedom. Pakistan is the country in which the protection of religious freedom for minorities is at a highest level in the world.
  5. Parents are free to send their children to schools run either by Muslims or Missionary Christians. Private schools are free to opt to teach or not, the religion. Islamic studies are compulsory for all Muslim students in state-run schools. The non-Muslim students are not compelled to study Islam. In some schools, non-Muslim students are given an option to study Ethics.
  6. The Government does not restrict religious publications in general; however, the sale of Ahmadi religious literature is banned. The law prohibits publishing any insulting literature to any religion just as it disallows criticism of Islam or its Prophet. The Government, at its most senior levels, continues to call for interfaith dialogue and sectarian harmony as part of its program to promote enlightened moderation. The Religious Affairs Ministry of Pakistan and the Council on Islamic Ideology, a Constitutional body, continues to sponsor interfaith and inter-sectarian workshops and meetings. The primary responsibility of the Religious Affairs Ministry is to organize participation in the Hajj and other Muslim religious pilgrimages and to distribute zakat. The Government collects a 2.5 % tax (zakat) from all Sunni Muslims, which is distributed to Sunni citizens and charities. No similar requirement was imposed on other religious groups or minorities.
  7. The State provides funds for construction and maintenance of mosques and for Islamic clergy. It also patronizes the important religious buildings and temples of Non-Muslims. The famous Sikh Temples Gurdawara Panja Sahib at Hasan Abdal and Nanka Sahib at city Nankana in Pakistan are the glorious examples in this regard where thousands of Sikh visits each year for pilgrimage.
  8. The provincial and federal governments are responsible for maintenance of certain religious properties belonging to minority communities that were abandoned at the time of partition of Sub-Continent. The Ministry of Religious Affairs, which is mandated to safeguard religious freedom, claims that it spends 30 percent of its annual budget to assist indigent minorities, repair minority places of worship, set up minority-run small development schemes, and celebrates minority festivals.
  9. No student can be compelled to receive religious education or participate in religious worship other than his or her own. The denial of religious instructions for students of any religious community or denomination is prohibited. The Government of Pakistan did not change the names of Educational and Medical institutions established by Non-Muslims prior to partition of the sub-continent. I myself studied for 11 years in Cathedral High School established in 1883 by the then Bishop. This Anglican School has produced some of the finest Sportsmen, jurists and civil servants. It’s a co-education School and as kids we used to be happy for extended holidays for Eid, Christmas and Easter.
  10. Missionaries (except Ahmadis) operate in the country and can proselytize, as long as there is no preaching against Islam. The missionaries acknowledge that they are non Muslims and they are liberally given visas, valid from 2 to 5 years.
  11. Religious belief or specific adherence to a religion is not required for membership in the mainstream political parties.
    1. Under the Constitution of Pakistan, there is no restriction in respect of the formation of political parties based on a particular faith, religious belief or interpretation of religious doctrines. Although the Government does monitor the activities of some of the political parties having religious affiliations but that is due to suspicion of involvement in negative activities.
    2. Pakistan has both active interfaith and ethical movements. The government and religious associations work to advance better relations between the religions. In Pakistan, there is no forced religious conversion. The generally amicable relationship among religions prevails in society which contributes to religious freedom.
    3. Realization of its importance and making conscious efforts will ensure that we are not hurt by our beliefs. The Taliban and Alqaida terrorists hiding in the mountains of northern areas of Pakistan and Afghanistan are the so-called Mujahaddins who were recruited, trained and glorified by the US in the 80’s and when the US objective of using them as a bait for proxy war in Afghanistan against USSR was achieved, these highly trained fighters, were left to fight amongst themselves and to create trouble for the whole world especially for Pakistan.

27. Ladies and Gentlemen, by mentioning the Islamic perspective, history of the sub-continent and the ideology of Pakistan and prevailing circumstances in the country, the aim is that the audience should be aware of the reality that in Pakistan.

28. The Pakistani people and the society are not extremists or violent. They believe in democracy, the rule of law and religious and cultural tolerance. These values are envisaged in Pakistan Constitution and the legal system. But the regional factors, global power struggle and the peculiar circumstances of the country and consequent policies adopted by different governments creates diverse opinions in and about Pakistan, causes to create a perception which is different from reality.

29. The February 2008 General Elections proved that if fair and free elections are held Pakistanis will vote for moderate parties with democratic agenda rather than opting for religious or militant parties. The international community should support the efforts to strengthen democracy, constitutionalism, tolerance and the rule of law for promotion of socio-economic equality.

Thank you

REFERENCES:

  1. Partition of India, Legend and Reality by H.M Scervai. (Constitutional law of India, Vol I Chapter I)
  2. Constitutional law of Pakistan by Mr Justice Syed Shabbar Raza
  3. The Quran in Islam by Sayyid Muhammad Hussain Tababahai Published by, Zahra Publication, P.O. Box 730, Blanco, Tx 78606, USA.
  4. Holy Quran, Translation by Shah Fahad Quran Kareem Printing Complex.
  5. Payambar the Messenger, Voll III by Zeinulabedin Rahmania, Zara Trust, San Antorio, Texes, USA.
  6. Ahmad Yar Chohan V Federal Public Service Commission 1998 MLD 1832.
  7. Mujib-ur-Rehman and 3 others V. Federal Government of Pakistan and another, 1985 FSC8.
  8. United Kingdom Religious Freedom Report (2002).
  9. International Religious Freedom Report 14 September, 2007 released by Bureau of Democracy, Human Rights and Labor, U.S Department of State.
  10. O.G Burn and Numkoof on A Text Book of sociology P.87 and Muqabddimah English Translation, Vol I, P.264.
  11. Banton 1978: Gerth and Mills.
  12. The life of Muhammad by Muhammad Husayn Haykal translated from 8th Edition by Ismail Ragi A. al Faruqi
  13. Commandments by God In Quran compiled by Ch. Nazar Muhammad.
  14. Religion and Politics in Muslim Society Order and conflict in Pakistan Akbar S. Ahmed.
  15. MUTALAH-e-QURAN by Professor Karar Hussain.s
  16. FALSAFA-e-TAFFAKAR by Ali Shereti translated by Syed Muhammad Hussain Zaidi.
  17. INSAN, ISLAM OUR MAGHRABI Mukatib-i-Fikar by Doctor Ali Shereti.
  18. QURAN PAK MAIN HAQEEQAT-i-JINS by Syed Mashkoor Hussain Yaad.
  19. Daily DAWN, issue dated 14 August 2008

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