Islamic Provisions
227.
(1) All existing laws shall be brought in
conformity with the Injunctions of Islam as
laid down in the Holy Quran and Sunnah, in
this Part referred to as the Injunctions of
Islam, and no law shall be enacted which is
repugnant to such Injunctions.
Explanation:- In the application of this
clause to the personal law of any Muslim
sect, the expression "Quran and Sunnah"
shall mean the Quran and Sunnah as
interpreted by that sect.]
(2) Effect shall be given to the provisions
of clause (1) only in the manner provided in
this Part.
(3) Nothing in this Part shall affect the
personal laws of non- Muslim citizens or
their status as citizens.
228.
(1) There shall be [constituted within a
period of ninety days from the commencing
day a Council of Islamic Ideology, in this
part referred to as the Islamic Council.
(2) The Islamic Council shall consist of
such members, being not less than eight and
not more than [twenty], as the President may
appoint from amongst persons having
knowledge of the principles and philosophy
of Islam as enunciated in the Holy Quran and
Sunnah, or understanding of the economic,
political, legal or administrative problems
of Pakistan.
(3) While appointing members of the Islamic
Council the President shall ensure that:
(a) so far as practicable various schools of
thought are represented in the Council;
(b) not less than two of the members are
persons each of whom is, or has been, a
Judge of the Supreme Court or of a High
Court;
(c) not less than four of the members are
persons each of whom has been engaged, for a
period of not less than fifteen years, in
Islamic research or instruction; and (d) at
least one member is a woman.
[(4) The President shall appoint one of the
members of the Islamic Council to be the
Chairman thereof.]
(5) Subject to clause (6) a member of the
Islamic Council shall hold office for a
period of three years.
(6) A member may, by writing under his hand
addressed to the President, resign his
office or may be removed by the President
upon the passing of a resolution for his
removal by a majority of the total
membership of the Islamic Council.
229.
The President or the Governor of a Province
may, or if two-fifths of its total
membership so requires, a House or a
Provincial Assembly shall, refer to the
Islamic Council for advice any question as
to whether a proposed law is or is not
repugnant to the Injunctions of Islam.
230.
(1) The functions of the Islamic Council
shall be,
(a) to make recommendations to [Majlis- e-
Shoora (Parliament)] and the Provincial
Assemblies as to the ways and means of
enabling and encouraging the Muslims of
Pakistan to order their lives individually
and collectively in all respects in
accordance with the principles and concepts
of Islam as enunciated in the Holy Quran and
Sunnah;
(b) to advise a House, a Provincial
Assembly, the President or a Governor on any
question referred to the Council as to
whether a proposed law is or is not
repugnant to the Injunctions of Islam;
(c) to make recommendations as to the
measures for bringing existing laws into
conformity with the Injunctions of Islam and
the stages by which such measures should be
brought into effect; and
(d) to compile in a suitable form, for the
guidance of [Majlis-e-Shoora (Parliament)]
and the Provincial Assemblies, such
Injunctions of Islam as can be given
legislative effect.
(2) When, under Article 229, a question is
referred by a House, a Provincial Assembly,
the President or a Governor to the Islamic
Council, the Council shall, within fifteen
days thereof, inform the House, the
Assembly, the President or the Governor, as
the case may be, of the period within which
the Council expects to be able to furnish
that advice.
(3) Where a House, a Provincial Assembly,
the President or the Governor, as the case
may be, considers that, in the public
interest, the making of the proposed law in
relation to which the question arose should
not be postponed until the advice of the
Islamic Council is furnished, the law may be
made before the advice is furnished:
Provided that, where a law is referred for
advice to the Islamic Council and the
Council advises that the law is repugnant to
the Injunctions of Islam, the House or, as
the case may be, the Provincial Assembly,
the President or the Governor shall
reconsider the law so made.
(4) The Islamic Council shall submit its
final report within seven years of its
appointment, and shall submit an annual
interim report. The report, whether interim
or final, shall be laid for discussion
before both Houses and each Provincial
Assembly within six months of its receipt,
and Majlis-e-Shoora (Parliament) and the
Assembly, after considering the report,
shall enact laws in respect thereof within a
period of two years of the final report.
231.
The proceedings of the Islamic Council shall
be regulated by rules of procedure to be
made by the Council with approval of the
President.
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