The Fundamental Principles of Prophetic Governance and Their Constitutional Application in the Islamic Republic of Pakistan Constitution 1973

Abstract

This research paper gives a detailed discussion on the basics of Prophetic government (Nabaki tarz-e-hukumrani) and makes a comparative study of how their constitutional provisions have been practiced in the Constitution of the Islamic Republic of Pakistan, 1973. Divine sovereignty (hakimiyyat-e-ilahi), justice and fairness (adl wa insaf), consultation (shura), trustworthiness and integrity (amanat wa diyanat), transparency, accountability (ihtisab), defense of human rights, minority rights, interfaith relations, and social-economic justice are considered to be the foundations of prophetic governance. The paper relies on some of the important historical examples including the Farewell Sermon (Khutba Hajjat al-Wida), the Charter of Medina (Mithaq-e-Madinah), the zakat and sadaqat system, the public treasury (Bayt al-Mal) as well as the treatment of non-Muslims during the Prophetic period. Most of these principles are expressed in the 1973 Constitution in the Preamble, fundamental rights (Articles 828), principles of policy (Articles 2940), and Islamic principles (Articles 2, 2-A, 227), the parliamentary system and accountability institutions. Article 25 of Equality before law, Article 20 of religious freedom, Article 36 of protecting minorities, Article 38 of promoting social justice, and Article 19-A of access to information are obvious conformities to Prophetic values. Nevertheless, the examination shows that there are serious loopholes in the practical application. Rampant corruption, poor accountability institutions, an increase in economic inequality, judicial slacking, political polarization, sectarian violence, and poor delivery of the welfare state promise are major problems of today. These challenges block the complete actualization of the Prophetic model even with its integrational conceptualization in the constitution. The article arrives at a conclusion that the Prophetic paradigm provides a blue print that can never go out of date or become irrelevant to revamp governance in Pakistan. Strategies that have been recommended include enhancing the accountability institutions, good distribution of zakat, reforms in the judiciary, fostering interfaith unity, more investment on education and health, and creation of accountability bodies incorporating the religious scholars in ensuring that they are in tune with the Islamic teachings. Such reforms can make Pakistan a real Islamic welfare state which is a true embodiment of the Nabawi system of governance.

Keywords: Prophetic governance, Constitution of Pakistan 1973, divine sovereignty, justice and equity, shura (consultation), trustworthiness, transparency, accountability, human rights, minority rights, interfaith harmony, socio-economic justice, zakat system, Charter of Medina, Farewell Sermon, Islamic welfare state, principles of policy, constitutional implementation, governance reform