From Objectives Resolution to Sharia Legislation: Tracing the Islamization of Laws in Pakistan

Abstract

This paper presents a comprehensive historical analysis of the Islamization of laws in Pakistan, focusing on constitutional developments, political initiatives, and legislative efforts from the country’s inception to the present. Beginning with the adoption of the Objectives Resolution in 1949, the study traces how successive constitutions of 1956, 1962, and 1973 progressively incorporated Islamic provisions, evolving in both language and substance. It explores the legal significance of the Objectives Resolution, particularly its transformation from a symbolic preamble to an operative constitutional provision through Article 2A. The paper evaluates the constitutional roles of Islam, including repugnancy clauses, the establishment of institutions like the Council of Islamic Ideology and the Federal Shariat Court, and the introduction of qualifications for public office based on Islamic principles. Special attention is given to General Zia-ul-Haq’s era, which marked a turning point in the Islamization of criminal, economic, and procedural laws. While acknowledging some progress, the paper concludes that the process remains incomplete and often inconsistent, falling short of the expectations rooted in the vision of Pakistan as an Islamic state. This study offers critical insight into the complex interplay between faith, politics, and law in Pakistan’s legal evolution.

Keywords:       Objectives Resolution, Islamization of Laws in Pakistan, Constitution of Pakistan, Sharī‘ah