scholarly journals ENGLISH: Islamizing Pakistan: The concept of Islamic Constitution Theory and Practice

rahatulquloob ◽  
2021 ◽  
pp. 24-39
Author(s):  
Muhammad Essa ◽  
Dr. Ammanullah Khan
Keyword(s):  
Comparative Analysis ◽  
Political Parties ◽  
The State ◽  
Theory And Practice ◽  
Islamic State ◽  
Basic Principles ◽  
Constituent Assembly ◽  
The Government ◽  
Set Up ◽  
Different Cultures

Pakistan after independence faced many problems ranging from the settlement of refugees to the fragile economy and unsteady defence. One of the major issues was the framing of constitution as immediately after separation from India, Pakistan faced a severe challenge of unity. Pakistan was a diverse country with two geographically separated wings, different cultures, divergent languages and separate provinces. The Constituent Assembly which was set up under Indian Independence Act 1947 faced this huge responsibility to provide a document on which the country could be run. Regarding character of the state of Pakistan; the religio-political Parties, Jamiat Ulama-i-Islam (JUI) and Jamat-i-Islami (JI) argued that Pakistan means the land of pure; therefore, in order to bring purity, Pakistan should be made an Islamic state. In it, the affairs of the government should be run according to Quran and Sunnah. In this way the constitution of this newly created state of Muslims should be Islamic in its nature. The rationale put forward was twofold i.e. they (Muslims) achieved Pakistan in the name of Islam and Muhammad Ali Jinnah, the founder of Pakistan, had promised that an Islamic system would be introduced in the newly established state. Secondly, according to them, Islam provides a complete code of life and it had laid basic principles in each aspect of life including the basic guidance for formulating an Islamic Constitution. This article deals with the theoretical and practical aspects of the Islamic Constitution propounded by the scholars of JUI, JI and comparative analysis has been drawn in this regard.

scholarly journals PRINSIP DASAR HUKUM POLITIK ISLAM DALAM PERSPEKTIF AL-QURAN

2017 ◽  
Vol 2 (1) ◽  
Author(s):  
Mutiara
Keyword(s):  
Political Islam ◽  
The State ◽  
Islamic State ◽  
Basic Principles ◽  
The People ◽  
State Administration ◽  
Principle Of Justice ◽  
The Operating Mechanism ◽  
The Government ◽  
Electoral Law

The principle is a norm or value that is agreed universally. The basic principles of the electoral law is needed in order to run the state administration system in Islam which is very dynamic and moves quickly.This study attempted to formulate some basic principles of the laws of political Islam from the perspective of the Quran which is the law of political Islam (fiqh siyasah) is a law that continues to grow rapidly and dynamically, This development requires a knowledge of the basic principles of what defined the scholars in the field siyasah so that the legal development of political Islam does not out of the track and norms that have been agreed upon, both in terms of theory and application.According to Islam, the operating mechanism of the government and constitutional refers to Shari'ah principles which is derived from the Quran and Hadits. The principles of the Islamic state in any of these are basic principles that refer to the clear and unequivocal texts of Shari'ah, and there are additional principles that is conclution and included to fiqh siyasah or Islamic constitutional law.Legal principles of political Islam that has been described by experts on political Islam in various references are very varied, but the study to the principles siyasah and administration of the state in the Qur'an can be formulated seven basic principles of the electoral law of Islam. namely: 1). The principle of sovereignty; 2). The principle of justice; 3). The principle of syura and consensus'; 4). The principle of equality; 5). The principle of the rights and obligations of the state and the people; 6). The principle of amar ma’ruf nahi munkar. Abstrak: Kajian ini  bertujuan merumuskan prinsip dasar hukum politik Islam menurut perspektif Al-Quran mengingat hukum politik Islam (fiqh siyasah) adalah hukum yang terus berkembang dengan cepat dan dinamis, Perkembangan ini memerlukan pengetahuan tentang prinsip-prinsip dasar apa yang dirumuskan para ulama dalam bidang siyasah sehingga perkembangan hukum politik Islam tidak lari dari rel dan norma standar yang telah disepakati. Menurut Islam, mekanisme operasional pemerintahan dan ketatanegaran mengacu pada prinsip-prinsip syari’ah yang bersumber dari Al-Quran dan Hadis. Prinsip-prinsip negara dalam Islam tersebut ada yang berupa prinsip-prinsip dasar yang mengacu pada teks-teks syari’ah yang jelas dan tegas, dan ada pula prinsip-prinsip tambahan yang merupakan kesimpulan dan termasuk ke dalam fiqh siyasah atau Hukum ketatanegaraan dalam Islam. Prinsip-prinsip hukum politik Islam yang telah diuraikan oleh para pakar politik Islam dalam berbagai referensi sangat variatif, dalam kajian ini prinsip-prinsip siyasah dan penyelenggaraan negara dalam Alquran dapat diformulasikan tujuh prinsip dasar hukum politik Islam. yaitu :  1). Prinsip kedaulatan; 2). Prinsip keadilan; 3). Prinsip musyawarah dan Ijma’; 4). Prinsip persamaan; 5). Prinsip hak dan kewajiban negara dan rakyat; 6). Prinsip amar ma’ruf nahi munkar. Kata kunci: Prinsip Dasar, Politik Islam

The Movement for Revision of the California Constitution: the State Constitutional Commission

1931 ◽  
Vol 25 (2) ◽  
pp. 337-342
Author(s):  
Charles Aikin
Keyword(s):  
The State ◽  
State Governments ◽  
State University ◽  
Constitutional Convention ◽  
Constituent Assembly ◽  
The People ◽  
The Government ◽  
Set Up ◽  
Systematic Plan ◽  
Large Sections

The constitution of California—filling one hundred and sixty-five pages of fine print—has been the object of so much criticism, and even ridicule, that the people of the state are fairly well agreed that it ought to be given an overhauling. As to the nature and extent, as well as the method, of the proposed reconstruction, there is, however, little or no harmony of view. The fact that the state electorate has on a number of occasions declined to sanction the calling of a constitutional convention does not indicate that it is content to leave things as they are. But what, it is asked, might such an assembly do? Should it tamper with those sections dealing with the initiative, referendum, or recall, its work would come to nothing. Should it impair the powers of the railroad commission, or abolish the judicial,council, or set up a new basis of taxation, or lessen the independence of the regents of the state university, or raise the salaries of legislative and executive officials, or take any one of a dozen other courses of action, large sections of the electorate would oppose the revised instrument. It is a fairly safe assumption that a constituent assembly that radically revised the present constitution would see its work discarded by the people. Therefore, since a constitutional convention could do nothing effective, why waste money on a futile adventure?Since the adoption of the present constitution in 1879, there has been no studied revision. Californians have changed the instrument when and as they have seen fit, acting largely on proposals of the legislature. They have followed no systematic plan; yet in most instances they have acted wisely. Piecemeal, sporadic, and unscientific modifications are not likely to produce a document of sufficient symmetry of form to be admired; nevertheless, the government thus established may prove quite workable, and, as American state governments go, highly successful.

scholarly journals Basic Principles Committee Reports: An Uneven Journey towards Constitutionalism in Pakistan

2017 ◽  
Vol II (I) ◽  
pp. 1-6
Author(s):  
Muhammad Rizwan ◽  
Manzoor Ahmad ◽  
Usha Rehman
Keyword(s):  
Political Parties ◽  
State Policy ◽  
Prime Minister ◽  
The State ◽  
National Language ◽  
Interim Report ◽  
Basic Principles ◽  
Constituent Assembly ◽  
Lower House ◽  
Modified Formula

The First Constituent Assembly of Pakistan framed a number of committees in order to run the state affair; however, the Basic Principles Committee was one of the most important bodies that were assigned to prepare a draft for the future constitution of Pakistan. The main objective of the committee was to suggest the directive principle of the state policy. This 24-member committee submitted its first interim report on 28 September 1950 that suggested a federal configuration for Pakistan and the incorporation of the Objective Resolution in the upcoming constitution. However, when this report was presented, it criticized by the majority political parties of the Eastern Wing who were demanding more representation in the legislature and the declaration of Bengali as the national language of Pakistan. In order to satisfy the demands of the stakeholders, another report was presented by the then Prime Minister Khawaja Nazim-ud-Din in 1952 with some changes in it. The committee suggested equal representation for both wings, but this time the report was rejected by the Panjabi elites. Finally, Prime Minister Muhammad Ali Bogra presented a modified formula according to which contrary to the representation in Lower House the Upper House was weighted so as to secure parity between East and West wings of the country.

People’s Movement in Odisha: An Assessment

2017 ◽  
Vol 63 (2) ◽  
pp. 265-283
Author(s):  
Subhendu Ranjan Raj
Keyword(s):  
Human Rights ◽  
Large Scale ◽  
Civil Disobedience ◽  
The State ◽  
State Governments ◽  
Growth Strategies ◽  
Protest Movements ◽  
The People ◽  
The Government ◽  
Set Up

Development process in Odisha (before 2011 Orissa) may have led to progress but has also resulted in large-scale dispossession of land, homesteads, forests and also denial of livelihood and human rights. In Odisha as the requirements of development increase, the arena of contestation between the state/corporate entities and the people has correspondingly multiplied because the paradigm of contemporary model of growth is not sustainable and leads to irreparable ecological/environmental costs. It has engendered many people’s movements. Struggles in rural Odisha have increasingly focused on proactively stopping of projects, mining, forcible land, forest and water acquisition fallouts from government/corporate sector. Contemporaneously, such people’s movements are happening in Kashipur, Kalinga Nagar, Jagatsinghpur, Lanjigarh, etc. They have not gained much success in achieving their objectives. However, the people’s movement of Baliapal in Odisha is acknowledged as a success. It stopped the central and state governments from bulldozing resistance to set up a National Missile Testing Range in an agriculturally rich area in the mid-1980s by displacing some lakhs of people of their land, homesteads, agricultural production, forests and entitlements. A sustained struggle for 12 years against the state by using Gandhian methods of peaceful civil disobedience movement ultimately won and the government was forced to abandon its project. As uneven growth strategies sharpen, the threats to people’s human rights, natural resources, ecology and subsistence are deepening. Peaceful and non-violent protest movements like Baliapal may be emulated in the years ahead.

Organization of the Indonesian Elections

1955 ◽  
Vol 49 (4) ◽  
pp. 1067-1084 ◽  
Author(s):  
Robert C. Bone
Keyword(s):  
Political Parties ◽  
The Netherlands ◽  
Parliamentary Election ◽  
Armed Struggle ◽  
Constituent Assembly ◽  
Trained Personnel ◽  
The Government

Last September 29th, with over forty million voters eligible, Indonesia initiated its first parliamentary election since independence. Although the election of the 260-member, unicameral Parliament concluded November 29th, December 15th sees the voters again casting their ballots—this time for a 520-member constituent assembly charged with drafting Indonesia's first permanent constitution.The struggle to carry out elections has been a difficult and protracted one. It has required a decade of strenuous effort characterized by armed struggle, domestic insecurity, shortages of trained personnel and equipment, problems of communication between the nation's hundreds of islands scattered over 3,000 miles from east to west, an overwhelmingly illiterate electorate and, recently at least, reluctance on the part of certain influential groups to hasten matters.Whatever may be the outcome, the intent to hold elections has been present ever since the Indonesian Republic proclaimed its independence from the Netherlands on August 17, 1945. In a decree issued on November 3, 1945, for example, the Government of the Indonesian Republic avowed its intent to execute “the elections for members of the peoples' representative bodies in the month of January, 1946.” The decree in question was issued for the unique purpose of urging the formation of political parties.

Un anacronismo preconstitucional que requiere ser adaptado al bloque de constitucionalidad: el Convenio sobre la pesca en el Bidasoa y en la Bahía de Higuer, de 14 de julio de 1959

2016 ◽  
pp. 261-300
Author(s):  
Carlos FERNÁNDEZ DE CASADEVANTE ROMANÍ
Keyword(s):  
International Agreements ◽  
The State ◽  
Autonomous Community ◽  
Current Block ◽  
The Law ◽  
The Government ◽  
Set Up

LABURPENA: Lan honek Bidasoan eta Higerreko badian arrantzatzeari buruzko 1959ko uztailaren 14ko Espainiaren eta Frantziaren arteko hitzarmenaren konstituzio-kontrakotasuna aztertzen du, Espainiari dagokionez. Hitzarmen horrek, hain zuzen ere, espazio horietako ibai-arrantza, itsaski-bilketa eta akuikultura arautzen ditu, bai eta horietan egindako arau-hausteen ikuskapena eta zehapena ere, eta konstituzioa onartu eta ia berrogei urtera, ez du zuzenketarik izan araudi berrira egokitzeko. Hau da, alor horietan eta ur horietan Euskal Autonomia Erkidegoak duen eskumen esklusibora egokitu gabe dago oraindik. Arazo hori konpontzeko, bi aukera proposatzen dira: Euskal Autonomia Erkidegoaren organo eskudunek konstituzio-kontrakotasuneko errekurtsoa jartzea, edo Estatuko Gobernuari Hitzarmena eguneratzeko eskatzea, hitzarmenei eta nazioarteko beste akordio batzuei buruzko azaroaren 27ko 25/2014 Legearen 49., 50. eta 51. artikuluetan xedatutako prozedurak erabiliz. Izan ere, prozedura horietan autonomien parte-hartzea aurreikusten da. RESUMEN: El trabajo aborda la inconstitucionalidad, en lo que a España se refiere, del Convenio hispano-francés de 14 de julio de 1959, relativo a la pesca en el Bidasoa y Bahía de Higuer; tratado que regula la pesca fluvial, el marisqueo y la acuicultura en esos espacios, así como la inspección y sanción de las infracciones al mismo, pero que casi cuarenta años después del vigente bloque de constitucionalidad no ha sido enmendado para adaptarlo al mismo. Esto es, a la competencia exclusiva de la Comunidad Autónoma Vasca en esas materias y en esas aguas. Para corregir esta anomalía se propone que los órganos competentes de la Comunidad Autónoma Vasca soliciten al Gobierno del Estado la enmienda del Convenio en el marco de los procedimientos instaurados por los arts. 49, 50 y 51 de la Ley 25/2014, de 27 de noviembre, de Tratados y otros acuerdos internacionales; procedimientos que contemplan la participación autonómica. ABSTRACT: The article deals with the unconstitutionality, as far as Spain is concerned, of the Spanish-French Convention of July 14, 1959, concerning fishing in the Bidasoa and Higuer Bay; treaty ruling river fishing, shellfish and aquaculture in these waters as well as inspection and punishment of violations of it. Nevertheless, nearly forty years after the current block of constitutionality it has not been adapted to it; this is the exclusive competence of the Basque Autonomous Community in these areas and in those waters. To correct this anomaly the request by the competent bodies of the Basque Autonomous Community for the amendment of the Convention to the Government of the State in the framework of the procedures set up buy articles 49, 50 and 51 of the Law 27/2014, of 27 November, of treaties and other international agreements; procedures including regional participation, is proposed.

scholarly journals A CRITICAL REVIEW OF GOVERNANCE IN THE DIGITAL ERA: A DEVELOPING NATION’S PERSPECTIVE

2020 ◽  
Vol 12 ◽  
pp. 169-183
Author(s):  
Ankit Kashyap ◽  
Mehak Jonjua
Keyword(s):  
Political Parties ◽  
Winston Churchill ◽  
Digital Era ◽  
Form Of Government ◽  
Previous Election ◽  
The Government ◽  
To Come ◽  
Set Up ◽  
Mass Protest ◽  
Best Argument

‗The best argument against democracy is a five- minute conversation with the average voter‘ is a famous quote by Winston Churchill. The statement also indicates the success or failure in any form of government depends primarily on voters and not on parties or politicians. The sustenance of a government in a democratic set up and in the age of anti-incumbency is viable only if it has the mandate. The current government in the territory of India is thriving despite a strong effort by the opposition to come together and stand against the government. The last two Lok Sabha elections held in 2014 and 2019 in India has been exemplary from the perspective that it has largely been Bhartiya Janata Party versus all other political parties, unlike the previous election where there has been contest between ruling and opposition parties. This paper aims to review the functioning of the incumbent government in last five years from manifesto till its implementation. The paper also aims to review the different policies launched by the government and their outcome. The paper will also examine how the government took some landmark decisions that witnessed mass protest and may prove fatal in times to come.

scholarly journals Prospects of Federalism in Pakistan

2018 ◽  
Vol III (II) ◽  
pp. 356-368
Author(s):  
Muhammad Tariq ◽  
Muhammad Shoaib Malik ◽  
Ghulam Qumber
Keyword(s):  
Political Parties ◽  
Paradigm Shift ◽  
Economic Resources ◽  
Constitutional Amendment ◽  
Form Of Government ◽  
Economic Interaction ◽  
History Of ◽  
Distribution Of Powers ◽  
The Government ◽  
Set Up

Federalism is created by a state having heterogeneous population with a desire to have provisions for adequate distribution of economic resources within a democratic form of government. The economic interaction is usually guaranteed by the constitutional arrangement of the land. The desire for the creation of a federation may be the economic interaction, interdependence on each other by the Centre and federating units. Proper distribution of powers between the Centre and Federating Units flourish when the residuary powers are vested in the federating units. The 18th Constitutional Amendment made a landmark in the history of Pakistan as it introduced a paradigm shift in the democratic set-up of the country. This shift had long been cherished by most of the mainstream political parties as it gives an opportunity to the ruling parties to complete the tenure of the government.

scholarly journals RUSSIAN ECONOMY: WHAT IS NOT ENOUGH FOR THE DEVELOPMENT OF INDUSTRIES AND ENTERPRISES

2021 ◽  
pp. 125-133
Author(s):  
A. V. Yaschenko
Keyword(s):  
Theory Of The Firm ◽  
The State ◽  
Point Of View ◽  
Theory And Practice ◽  
High Tech ◽  
State Budget ◽  
Investment Activity ◽  
Russian Economy ◽  
The Government ◽  
Main Thing

The article attempts to assess the results of the development of the Russian economy from the moment of privatization to the present. The urgency of the problem lies in the fact that, despite significant resources, including human capital, the economy is stagnating, there are no structural reforms, and high-tech companies do not appear. The main thing is not creating conditions for business development on the principles of self-organization: entrepreneurship, initiative, personal competence and investment. Reforming the socio-economic system of the USSR has no historical analogue, and is perceived as a unique practice of testing some theoretical positions and hypotheses that guided researchers and entrepreneurs in the framework of a market economy, for example, the theory of market equilibrium, theory of the firm, theory of preferences, and others. Russia has demonstrated a kind of phenomenon, both from the point of view of theory and practice of market transformations, when it is not entrepreneurship, not the investment activity of business and the population, but the narrowly selfish interests of persons affiliated with the government, began to determine market processes, such an economy was called the «economy of individuals», And in the case of a direct focus on the state budget,» the economy of the distribution». The transformations could be based on the market experience of a large number of countries, both developed and developing (China), this has not been done. Time was lost on the creation of new jobs; in the industrial orientation of the state, there were no priorities for the development of important industries for national competitiveness. As a result, the economic growth was lost.

scholarly journals DEBATE OF ISLAM AND COUNTRIES IN THE CONSTITUANTE BOARD, 1956-1959

2019 ◽  
Vol 2 ◽  
pp. 155-174
Author(s):  
Heri Herdiawanto ◽  
Valina Singka Subekti
Keyword(s):  
Research Method ◽  
Islamic Law ◽  
Secondary Data ◽  
The State ◽  
Islamic State ◽  
Basic Group ◽  
Constituent Assembly ◽  
Library Research ◽  
The One ◽  
The Relationship

This study examines Hamka's political thinking about Islam and the State in the Basic State debate that took place in the Constituent Assembly 1956-1959. Hamka belongs to the basic group of defenders of the Islamic state with Mohammad Natsir in the Masyumi faction, fighting for Islamic law before other factions namely the Nationalists, Communists, Socialists, Catholics-Protestants and members of the Constituent Assembly who are not fractured. Specifically examines the issue of why Islam is fought for as a state basis by Hamka. and how Hamka thought about the relationship between Islam and the state. The research method used is a type of library research with literature studies or documents consisting of primary and secondary data and reinforced by interviews. The theory used in this study is the theory of religious relations (Islam) and the state. This study found the first, according to Hamka, the Islamic struggle as the basis of the state was as a continuation of the historical ideals of the Indonesian national movement. The second was found that the constituent debate was the repetition of Islamic and nationalist ideological debates in the formulation of the Jakarta Charter. Third, this study also found Hamka's view that the One and Only God Almighty means Tauhid or the concept of the Essence of Allah SWT. The implication of this research theory is to strengthen Islamic thinking legally formally, that is thinking that requires Islam formally plays a major role in state life. The conclusion is that Indonesian society is a heterogeneous society in terms of religion. This means that constitutionally the state recognizes the diversity of religions embraced by the Indonesian people and guarantees the freedom of every individual to embrace religion and realize the teachings he believes in all aspects of life. Hamka in the Constituent Assembly stated that the struggle to establish a state based on Islam rather than a secular state for Islamic groups was a continuation of the ideals of historical will.

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