The parliament of Pakistan makes laws which are interpreted and enforced by the courts. The Supreme Court of Pakistan decides the cases according to law and the constitution. Sometimes some provisions and articles need explicit elaboration and come under a grey area. Then, the cases are decided according to possible legal and logical interpretations. In Pakistan, people have faith in the Supreme Court and consider it the last resort, though, in lower courts, they have lost their faith.
Pakistan is often called an Islamic democratic welfare state. Is it though? Not at all, Pakistan practically speaking, is not an Islamic state because the Islamic laws are not implemented in Pakistan. It is not a democratic country, as, for years, it has been governed by military rulers and even the prevalent democracy is feudal and capitalist. It is not a welfare state, as there is no equality and equity in our social and economic systems. The people are poor and living hand to mouth. There is no social justice. Under the circumstances, the downtrodden classes live in miserable conditions. The rich people rule and the have-nots are ruled. Justice, whether legal, political, economic or social needs to be implemented if we want to make Pakistan an Islamic democratic welfare state.
As Muslims, we must know the importance of justice as laid down in the Holy Quran. This ordain is for all humanity to establish a state based on the principles of justice.
We should be vigorously vigilant in administering justice in our society and state. I have met many of the top-ranking politicians and rulers of Pakistan, and have put solid proposals to them for making Pakistan an Islamic democratic welfare state. I don’t want to hurt the feelings of their fans and followers by telling them that all of them are only interested in themselves and power. Many believe in hereditary politics. They sling mud on others shamelessly, while they are deeply sunk into slush. Pakistanis will remain as they are at present unless a visionary leader comes. When people lose faith in the judiciary, then that country has no future. When some judges are accused to be partisans by some political parties, then we must await our total national collapse. I am not a pessimist. I still believe that there are men of wisdom, piety, integrity, honesty and dignity in our apex court who decide the matters/cases on merit and protect the sanctity of the constitution. They are our hope and light in the dark and dreary dungeons of our afflictions. The politicians are hostile and challenge each other like enemies. Politics is not hostility or enmity. Young and immature politicians from all parties are addressing press conferences and public meetings arousing antagonistic feelings in their supporters full of fury. The establishment is being cursed and condemned for its involvement in politics since the creation of Pakistan. It is very dangerous for the stability of Pakistan. The constitution is supreme. No one should be permitted to abrogate or cap the constitution. All decisions of the courts must be according to the constitution and law. No one is above the law. The only and only hope of Pakistanis is the Supreme Court of Pakistan. May Allah save Pakistan.
Dr Maqsood Jafri
The writer is a freelance contributor.