Pakistan

Parliament cannot replace Islam with secularism: SC's Justice Ejaz Afzal

In the landmark judgment on 21st and 18th amendments, Justice Ejaz widely discussed importance of Two-Nation theory

Hasnaat Malik August 14, 2015

Supreme Court. PHOTO: AFP

ISLAMABAD: Reiterating the Two-Nation theory, Supreme Court's Justice Ejaz Afzal Khan had upheld that the parliament cannot replace Islam with secularism.

In the landmark judgment on 21st and 18th amendments, Justice Ejaz Afzal Khan discussed the importance of Two-Nation theory as well as the Objectives Resolution. The judgment was also endorsed by Justice Ijaz Ahmad Chaudhry.

Justice Ejaz in his 120-pages dissenting note observed that the incessant recurrence of anti-Muslim riots in India and atrocities committed against the Muslims in occupied Kashmir by the Indian security forces unabated continuity had left little doubt that the demand for a separate homeland on the basis of the Two-Nation Theory was perfectly justified from whatever angle it was looked at.

Read: 1973 Constitution an uneasy marriage between socialism and Islam, govt tells SC

“Islam, as aptly put by AK Dogar, petitioner in Constitution Petition No. 20 of 2010, is a structural base of the homeland founded for Muslims on the basis of the Two-Nation Theory. Therefore, the parliament cannot replace Islam with secularism nor can it replace the Federation with a confederation. This is what the Muslims of the subcontinent aspired and endeavored for. This is in essence, the raison d’etre for the establishment of the separate homeland,” he elaborated.

On the other hand, Justice Asif Saeed Khosa believed that the people and society of one given time cannot be held as hostage to or slave of the aspirations, objectives, values, morality or ethos of their forefathers, adding that evolution of people and societies is a reality and it would be nothing but naïve to believe or hold otherwise.

He further said that the people of East Pakistan lost their commitment to Pakistan and the lofty ideals attached to its creation, broke away and carved out a new State for themselves with new ideals and commitments.

COMMENTS (12)

Gulsher | 8 years ago | Reply Islam establishes comprehensive rights for minorities. Read about the first state created under Islam, the capital of which was Madinah. So called Secularism is a fraction of what Islam offers to mankind. Why would Pakistan want to exchange a comprehensive way of life (i.e. if Islam is completely established as the rule of law) with it's own subset - Doesn't make sense. I hope that's part of reason for Justice Afzal's disapproval.

Jibran | 8 years ago | Reply Chaudhry Iftikhar inducted corrupt radicals like himself. No one is bigger than the will of the people. 1000 years down the line, if the entire population of Pakistan becomes secular, how would it be possible to keep the country Muslim? The very parliament of that time will flush this 120 page note down the gutter. No judgment can hold barrage against the power of the people. Bottom line is that parliament is supreme.

VIEW MORE COMMENTS

ajeet | 8 years ago | Reply Pakistan has pretty much decimated minorities and has started turning on Muslims who are a bit different and this guy is more worried about Muslims in India.

Niazi | 8 years ago | Reply "Parliament cannot replace Islam with secularism". Now that has a nice sound-bite to it. Conjures up horrors of unfettered power being misused by Parliament to bull-doze Islam. Just one query though: Why would Parliament want to replace Islam with secularism?

Parvez | 8 years ago | Reply When Pakistan was born it was simply......PAKISTAN. Some time later after the machinations of vested interests who literally high jacked the system, it became the Islamic Republic of Pakistan. If it could be changed then...it can be changed back now.

Bewildered | 8 years ago | Reply "Justice Asif Saeed Khosa believed that the people and society of one given time cannot be held as hostage to or slave of the aspirations, objectives, values, morality or ethos of their forefathers, adding that evolution of people and societies is a reality and it would be nothing but naïve to believe or hold otherwise." As per universal truth "nothing is constant in this universe, but change", very mature observation of Justice Asif Saeed Khosa.

Bewildered | 8 years ago | Reply Anybody please tell me what is the difference between a truly Islamic government and a truly Secular government, because from my knowledge of the both, I don't see a difference at all. Please tell me, if the Muslims living in the West, and in India and anywhere else, don't want the Secular system of governance in those countries. Then how what is good in other countries is bad in Pakistan? Why we have then any objections if they try to implement the "Sharia" of the faith of the majority there.

Pakistan | 8 years ago | Reply A slap on the faces of those who were promoting secularism. This includes our illiterate PM. His speech is available on the web.

sabi | 8 years ago | Reply Our judiciary needs serious reforms otherwise narrow minded judges forwarded to higher position on the basis of nepotism will ruin the society.

sabi | 8 years ago | Reply This kind of narrow minded judges have to go.They have no knowledge of the true spirit of Islam and secularism.

sabi | 8 years ago | Reply The train to real Pakistan is on fast track it will only stop at its final destination that is secular Pakistan.Secularism is no threat to Islam but for those who exploit it for politics.These people have destroyed the social fabrics of Pakistan.They will be resisted at all levels.

Ahmer | 8 years ago | Reply Justice ijaz and like minded people need to be weeded out.constitution is the purview of Parliament and judges cannot stop Parliament changing it. These people are isi stooges annexed to be isolated

Replying to X