The petition against Federal Shariah Court —the intention unveils
Pakistan was created in the name of Islam but unfortunately Islam has not been implemented by the concerned authorities in the 75 years of the nation. As far as economic system is concerned, the same behavior is also seen here as the curse of “interest” could not be abolished from the economic system.
The founder of the nation, Quaid-e-Azam Muhammad Ali Jinnah, told in his speech at the inauguration of the State Bank of Pakistan (SBP) on 1st July 1948:
“The adoption of Western economic theory and practice will not help us in achieving our goal of creating a happy and contended people. We must work our destiny in our own way and present to the world an economic system based on true Islamic concept of equality of manhood and social justice. We will thereby be fulfilling our mission as Muslims and giving to humanity the message of peace which alone can save it and secure the welfare, happiness and prosperity of mankind”.
In the history of 75 years of Pakistan, the strivings have been performed for the elimination of Riba from the economy but still we see the factor of interest in the economy. In 1950, the Islamic Economic Division was established in SBP for the purpose to pave way for the implementation of Islamic economic system in Pakistan. In 1962, the Council of Islamic Ideology (CII) was established for the purpose of assistance to the government for the implementation of Islamic laws in the country. In 1960, CII presented recommendations for the abolition of interest to the government and presented the comprehensive report to the government in 1971. In 1976, CII again become active and presented the recommendations to the government after consultation of concerned authorities, Shariah scholars, economic and financial experts etc. but these recommendations were not presented in the Parliament for discussion by the government of Zulfiqar Ali Bhutto at that time. In 1977, General Zia ul Haq given the task of abolition of interest from the economy to CII. CII presented the recommendations and positive development was seen in this respect. In 1980, the economists and bankers presented the report to the government under the supervision of SBP. In that report, the policy of abolition of interest was formulated according to which the factor of interest would be eliminated from the economy till July 1982 but with the passage of time, it was proved that the dream of abolition of interest could not become true. The practices, which were prevailed in the name of Islamic economic system, in banks and financial institutions were highly criticized. It means that the true Islamic economic practices were not followed. In 1991, the Federal Shariat Court (FSC) declared the practices of banks and financial institutions, which they were being executed since 1985, as non Shariah compliant. The government did appeal against the decision of FSC in Supreme Court of Pakistan. In 1999, the Shariat Appellate Bench (SAB) of Supreme Court of Pakistan given the historical decision and rejected the appeal of the government. SAB ordered to abolish all interest based laws in the country. SAB ordered to establish special commission and task forces to formulate the proper policy for the elimination of Riba from the economy. The special commission and task forces were established and the work was begun in this respect. The positive developments were seen and the decision to establish Islamic banks was done in 2021.
There was the great hope at that time that the interest would be abolished from the economy but there was a major setback in this regard when United Bank Limited submitted the petition against the decision of SAB in 2002 and unfortunately the Supreme Court’s SAB set aside all the previous judgments, including its own decision of 1999. SAB asked FSC to re-hear the case. For a long time since 2002, the case was still pending and there was no attention in this respect.
After the long time, FSC again given the verdict in April 2022 that the interest based economic system in the country is against the commandments of Islam and ordered to formulate the proper policy for the abolition of interest till 2027.
Unfortunately, despite formulating efficient policy according to the verdict of FSC; SBP along with four large banks of Pakistan, submitted the petition against the decision of FSC in Supreme Court of Pakistan and requested to review the decision.
Now the question arises that how much time required for the abolition of interest from the economy? In the history of 75 years, we see different developments but why these activities did not give positive results? The constitutions of 1956, 1962 and 1973 showed the urge to eliminate interest from the economy but why we are not serious at all? Why we are not serious to the sections of our own constitution? Why are we violating our own constitution? According to Objective Resolution of 1949, Allah is the supreme authority of the country but unfortunately, we are doing war with Allah and His Messenger (SAW) and calling our destruction ourselves.
Unfortunately, SBP has submitted the petition against the desire that was presented by Quaid e Azam Muhammad Ali Jinnah for the implementation of Islamic economic system in the country in 1948 at the occasion of inauguration of SBP.
The decisions of abolition of interest and appeals against those decisions have been made our nation as joke before the world. These appeals clearly show the intention that the concerned authorities are not serious in the implementation of Islamic economic system.
It is my appeal to the Supreme Court of Pakistan that the present submitted appeal must be rejected and the decision of FSC must be prevailed. The excuses must be stopped now and the serious and effective policy must be formulated. The Supreme Court of Pakistan must ask SBP and the concerned authorities that why the policy for elimination of interest has not been formulated in 75 years despite the various activities and developments in this respect?
There is also an appeal to the government, SBP and the concerned authorities to stop the war with Allah and His Messenger (SAW). How would you answer before Allah? FSC has given the time of 5 years. Please pure your intentions and go forward in this direction.
