The parliament of Pakistan makes laws which are interpreted and enforced by the courts. The Supreme Court of Pakistan adjudicates cases in accordance with the law and the constitution. Sometimes certain provisions and articles require explicit elaboration and fall into a gray area. Then the cases are decided based on possible legal and logical interpretations. In Pakistan, people trust the Supreme Court and see it as the last resort, even though in the lower courts they have lost their faith.
Pakistan is often referred to as an Islamic democratic welfare state. Is it good? Not at all, Pakistan practically speaking, is not an Islamic state because Islamic laws are not enforced in Pakistan. It is not a democratic country because for years it was ruled by military rulers and even the dominant democracy is feudal and capitalist. It is not a welfare state, because there is neither equality nor equity in our social and economic systems. People are poor and live hand to mouth. There is no social justice. Under these circumstances, the oppressed classes live in miserable conditions. The rich govern and the poor are governed. Justice, whether legal, political, economic or social must be implemented if we are to make Pakistan an Islamic democratic welfare state.
As Muslims, we must know the importance of justice as stated in the Holy Quran. This command is for all mankind to establish a state based on the principles of justice.
We must be vigorously vigilant in the administration of justice in our society and our state. I have met many high-ranking Pakistani politicians and leaders and made strong 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 they only care about themselves and power. Many believe in hereditary politics. They throw mud at others shamelessly, while they are deep in the mud. Pakistanis will remain as they are now unless a visionary leader comes. When people lose faith in the justice system, this country has no future. When some judges are accused of being partisans by some political parties, then we have to wait for our total national collapse. I am not pessimistic. I still believe that there are men of wisdom, piety, integrity, honesty and dignity in our supreme court who decide issues/cases on merit and protect the sanctity of the constitution. They are our hope and our light in the dark and dreary dungeons of our afflictions. Politicians are hostile and challenge each other as enemies. Politics is not hostility or enmity. Young and immature politicians from all parties speak out at press conferences and town hall meetings arousing antagonistic feelings among their furious supporters. The establishment is 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 allowed to repeal or cap the constitution. All decisions of the courts must be in accordance with the constitution and the law. No one is above the law. The one and only hope of Pakistanis is the Supreme Court of Pakistan. May Allah save Pakistan.
Dr Maqsood Jafri
The author is an independent contributor.