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Every dictator in Pakistan has historically carried forward political biases with him, as well as the firm belief that they can reform society in ways that nobody else has been able to. In General Ziaul Haq’s case, his conviction was that democracy, based on “Western” principles, was not suitable for Pakistan. Instead, he believed a system based on the principles of the early Islamic era, headed by an Amir, was more suited to the country.
By 1981, his fellow generals had begun to question the tricks and tactics employed by Gen Zia during his first four years in office, and how an unelected president was running the country without the politicians’ participation. Gen Zia knew it was finally time to make his political vision a reality.
The General began discussing his plan with religious scholars, including Maulana Zafar Ahmad Ansari, and sought their guidance. He also conveyed to them the idea that he wanted to establish a caliphate in Pakistan on the pattern of the early Islamic period.
Before taking practical measures to set up the Shura system, he also discussed the issue with his colleagues; many opposed the proposal but Gen Zia marched on. Since he did not believe in the people around him, he was forced to trust the bureaucracy and keep them in check by using the intelligence.
It was now clear that the General had decided on forming a Shura all by himself.
With questions lingering over legitimacy, aides ask Gen Zia to form a party and join the electoral race
Letters were immediately sent to the provincial governments to suggest the names of prospective candidates for the Shura, who had a track record of honesty and integrity. The law department, once briefed, also began formulating a broader platform for the Shura to replace the parliament.
As the prospective candidates’ names arrived at the law department, officials prepared two sets of Shura candidates. The lists both included technocrats, educationists, religious scholars and some retired bureaucrats. As a faithful organ of the government, the bureaucracy suggested such names for the council that would complement the General’s ideas.
Intelligence agencies quickly inquired into their characters, and in December 1981 the names of would-be members of Shura were sent to the law department.
On Dec 24, the Shura was complete and ready to act. In all, 284 members were finally selected.
Gen Zia addressed the first session of Majlis-i-Shura on Jan 11, 1982, in which he told the house that (parliamentary) elections could not be held immediately in the “larger interest of the nation,” and therefore, the Majlis-i-Shura was formed to run the affairs till elections were held.
As it later proved, the Majlis-i-Shura was a worthless experience. Members of the Majlis-i-Shura enjoyed full privileges of the members of the National Assembly, but could hardly benefit the people. In fact, it became a floor from which Gen Zia pushed his ideas. For instance, he used to press his opponents by saying that the Shura wanted this or that kind of action — a claim which technically could not be denied either.
After some time though, a few members of the General’s inner circle began pressing him to think about the question of legitimacy, since there was talk of political validity and people were questioning how an unelected president could run the country.
To fill this vacuum, this group began pressing the General to hold elections. But since the General hated political systems, he parried the suggestion every time it was made. One day, he agreed to elections, albeit on a non-party basis, ostensibly to dilute the influence of the PPP.
It was clear that Gen Zia wanted Islamisation at all costs. He had begun with bringing all prevalent laws in conformity with Sharia, for which he had already established a Federal Shariat Court (FSC). This court had no parallels in the entire Muslim world, but its existence was enshrined in the constitution.
It was quite intriguing that he bore the perception that the PPP would assume power if elections were held on party basis. Some of his generals even advised him to allow political parties to return to active participation. They argued that the General should form his political party, or join a party of his liking and run in the mainstream.
This proposal, too, was refused by the General.
It was clear that Gen Zia wanted Islamisation at all costs. He had begun with bringing all prevalent laws in conformity with Sharia, for which he had already established a Federal Shariat Court (FSC). This court had no parallels in the entire Muslim world, but its existence was enshrined in the constitution.
The FSC, on a motion moved by itself or through a petition filed by a citizen or a government (federal or provincial), was empowered to examine and determine whether certain provisions of law were repugnant to the injunctions of Islam. Appeals against its decision lay with the Shariat Appellate Bench of the Supreme Court. The court also exercised provisional jurisdiction over the criminal courts deciding Hudood cases. The decisions of the court were binding on all high courts as well as subordinate courts. It was allowed to appoint its own staff and frame its own rules of procedure.
Slowly but surely, the General’s vision was becoming a reality.
Published in Dawn, Sunday Magazine June 21st, 2015
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