Islamization to Modernization of State Apparatus: A Case Study of Islamic Republic of Pakistan

Abstract

This study explored the need, procedure and delivery of Islamization process in Pakistan. Islamization in the Sub-continent (Bangladesh, India and Pakistan) was started with arrival merchants, delegations and finally with the first Muslim victory in Sindh. In the first phase of Islamization under the Sultans there was no developed judicial system. A full fledge Islamic Judicial System was in vogue during the Mughal reign. Islamic Judicial System was replaced with Anglicized Laws to facilitate British Rule in India. Muslims were subject to a joint venture of exploitation in the hands of British and Hindus. Pakistan was made in the name Islam, the ‘raison d’etre’. Every state carries out her business through state apparatus. State apparatus functions in line with ideology of the state. State business of Pakistan was expected to run on the basis of the religious laws. After independence Anglicized laws were to be Islamized to meet this end. In these pages the process of the Islamization of laws is elaborated in detail. The study focused: How did the Islamization of the Laws take place? Are the Hudood Ordinances (1979) divine laws or human efforts? Could the laws serve their purpose? What sort of relief the modernized law provides to the weaker wing of the society? Bannerman (1988) analyzed process of Islamization by tracing many common factors in legal reformation and revival of Islamic Laws in different Muslim countries. He is of opinion that pressure of Islamization during Zia’s regime came from government i.e. Islamization through government fiat. His analysis provided for the theoretical framework being unbiased and nondefensive. Findings reveal that mere Islamization of Legal state Apparatus (LSA), without Islamizing individual mindset, society and all organs of state, could not serve its purpose despite ordeal of 27 years. Hudood Ordinances were result of human interpretation of divine Injunctions which might be reconsidered. Amendments were aimed at women emancipation under The Women Protection Act 2006 which is again a human effort. At the end the study suggested some ways and measure for real emancipation of women and the Islamization of the society.