The Constitution states that all laws are to conform with the injunctions of Islam as laid down in the Quran and Sunnah.[7] The 1973 Constitution also created certain institutions such as the Shariat Court and the Council of Islamic Ideology to channel the interpretation and application of Islam.[14]

On 20 October 1972, the draft was revived by all leaders of the political parties and signed the declaration of adopting the Constitution in the National Assembly on 2 February 1973.[25] Ratified unanimously on 19 April 1973, the Constitution came into full effect on 14 August 1973.[25] On the same day, the successful vote of confidence movement in the Parliament endorsed Zulfikar Bhutto as the elected Prime Minister after latter relinquishing the presidency after appointing Fazal-i-Ilahi to that office.[25]


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All of the MNAs[63] signed the Constitution except Mian Mahmud Ali Kasuri, Abdul Hayee Baloch, Abdul Khaliq Khan, Haji Ali Ahmed Khan, and Nizamuddin Haider.[64] Sahibzada Muhammad Nazeer Sultan was the last serving member of the National Assembly who was also elected as the Member of National Assembly in the 1970 elections & was one of the last signatories of 1973 Constitution of the Islamic Republic of Pakistan.[65]

Before independence, Muslim League leader Muhammad Ali Jinnah advocated the use of Urdu, which he used as a symbol of national cohesion in Pakistan.[95] After the Bengali language movement and the separation of former East Pakistan,[96] Urdu was recognised as the sole national language of Pakistan in 1973, although English and regional languages were also granted official recognition.[97] Following the 1979 Soviet Invasion of Afghanistan and subsequent arrival of millions of Afghan refugees who have lived in Pakistan for many decades, many Afghans, including those who moved back to Afghanistan,[98] have also become fluent in Hindi-Urdu, an occurrence aided by exposure to the Indian media, chiefly Hindi-Urdu Bollywood films and songs.[99][100][101]

The American Institute of Pakistan Studies (AIPS), established in 1973, is a bi-national research and educational organization with a mission to promote academic study of Pakistan in the US and to encourage scholarly exchange between the US and Pakistan. To fulfill this mission, AIPS provides research fellowships to American researchers, administers lectureships, and sponsors academic conferences. It is a 501(c)(3) tax exempt, autonomous organization and a member of the Council of American Overseas Research Centers.

The Constitution of Islamic Republic of Pakistan 1973 in its Preamble, which is now part of section 2-A requires that the State shall act in accordance with Qur'an and Sunnah. No law shall be passed in violation of Injunctions of Islam. All Muslims shall be provided an enabling environment to order their lives in accordance with Islam. 


Forty Ahadith are an important source of Islamic way of life. I have translated them in English, Urdu and Punjabi. There is also a brief commentary as well on each of the ahadith.

Keywords: forty ahadith, Muhammad, Islam, state religion, article 2A, Constitution of Pakistan 1973, hadith literature, Sunnah, economic and social life, Muslims, Preamble, Objectives Resolution

[Home][Databases][CommonLII][Search][Feedback][Help]Constitution of the Islamic Republic of PakistanYou are here: CommonLII >> Databases >> Constitution of the Islamic Republic of Pakistan >> 1973 >> Part IV [Database Search][Name Search][Previous][Next][Help]PART IV

In the constitution making processes in the three constituent assemblies of Pakistan (1947-1954, 1955-1956, 1972-1973), producing the 1956 and (current) 1973 constitutions, the Islamic character of the state and federalism were the two vexatious questions that prevented the forging of consensus amongst ethnonational groups on constitutional design of the instruments that have governed the polity thus far.

Members of the constituent assembly (1972-1973) that drafted the current constitution were elected in 1970 when the country was still united. The secession of East Pakistan (present Bangladesh) in 1971 altered the political landscape of the country in fundamental ways. Nevertheless, no fresh elections were held and members elected from West Pakistan in the 1970 elections formed the constituent assembly for Pakistan.

The American Institute of Pakistan Studies (AIPS), established in 1973, is a bi-national research and education organization with a mission to promote academic study of Pakistan in the US and to encourage scholarly exchange between the US and Pakistan.

The PPP drifted from Islamic socialism in its second phase (1974-77) and accomodated the interests of religio-political parties. It declared the Ahmediyas non-Muslims among other concessions to them. This burial of ideology is attributed to the international development of the 1973 oil price hike which strengthened Saudi Arabia as a political and economic power besides other Arab states14. Given Pakistan’s growing ties with the Arab world, Islam obtained greater attention in the country and hence the PPP’s ideological shift away from Islamic socialism. For the PPP, it amounted to a tactical victory over the demands of the religio-political parties and left them without any serious issue to agitate over.

The shocks of the international oil price hike in 1973-74 affected the prices of oil imports which rose from US $60 million in 1972-73 to US $225 million in 1973-74. Similarly, fertilizer import prices increased from US $40 million to US $150 million for the same period. It resulted in a 30 per cent inflation24 and neutralised the gains from devaluation, exports and a positive balance of trade, post-1972-73. The oil shock resulted in international recession and affected several economies on a much wider scale across the globe. For Pakistan, the oil price hike affected the prices of all other imports. In a sense, the inflation was an imported phenomenon for Pakistan. In social terms the inflation diluted the benefits of higher wages and thereby affected the salaried classes who were PPP supporters.

In 1973, the nationalisation of cotton and rice export trade alongwith edible oil units was not a deliberate policy decision but an ad hoc one owing to the heavy floods which resulted in price hikes. The government response to the problem was to set up a cotton export corporation with exclusive export rights for the state. The edible oil problem arose due to hoarding by unscrupulous traders.

The reason for this decline in numbers was because there was a massive migration of doctors from Pakistan to the United States and the Middle East countries. While these doctors left the country for better career and income prospects, it should also be noted that the domestic demand for them could only increase with an expansion in medical facilities within the country. The Government was responsive to the problem and in early 1973 directed the Ministry of Health to officially stop the exodus.

The other Government initiative in the health care sector also affected the middle classes directly. In May 1973, the Health Minister embarked on an imaginative scheme of ‘generic medicines’ wherein the concept of brand or trade names for drugs would not be there. The drugs would then be sold only under their chemical names. The objective was to reduce those drug prices which could be sold much cheaper to the common man because there were no payments for patent rights. The scheme proved to be a success for several common medicines which were sold at 60 per cent below the original prices in the first six months.

Interestingly, the PPP’s popular mandate needs to be viewed from the prevalence of a martial law regime in the country. The PPP implemented the various reforms under a martial law regime and therefore, did not have to face any political opposition. Once the 1973 Constitution was established and the martial law lifted, the opposition to the reforms started to take shape.52

The holiday fell on Saturday, October 6, 1973, and just after 2pm, the Egyptian and Syrian armies, with advanced Soviet weapons, launched a two-front offensive on Israel, from the north and the south.

It was the 1973 Constitution, as originally formulated, that first declared Islam to be the state religion (Article 2); reinstated the injunction barring enactment of laws repugnant to Islam as an enforceable provision (Article 227) and proposed the Council of Islamic Ideology (Articles 228-231) with members from the superior judiciary as well as Islamic scholars, to act as a bridge between the secular and Islamic legal values.

Interestingly, however, even as Islamic principles have permeated legal decision-making at the highest level in Pakistan, the country has been besieged by calls for even greater Islamisation. Some of these calls have come from academics; for instance, Prof Fazlur Rahman of the University of Chicago criticised the 1973 Constitution for not being Islamic enough. Others, however, have come from grassroots religious organisations, for instance, the Tehreek-i-Nifaz-Shariat-i-Mohammadi whose call for the establishment of Sharia courts in the tribal areas in time, gave way to the Afghan Taliban.

The Office of the Attorney-General for Pakistan is a constitutional office created under Article 100 of the Constitution of the Islamic Republic of Pakistan, 1973, and is headed by an Attorney-General. 17dc91bb1f

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