Zia ul-Haq |
Wiki |
On December 2, 1978, General Muhammad Zia-ul-Haq delivered a nationwide address on the occasion of the first day of the Hijra calendar. He did this in order to usher in an Islamic system to Pakistan. In the speech, he accused politicians of exploiting the name of Islam, saying
After assuming power the task that the government set to was its public commitment to enforce Nizam-e-Mustafa (Islamic System) a 180 degree turn from Pakistan's predominantly Common Law. As a preliminary measure to establish an Islamic society in Pakistan, General Zia announced the establishment of Sharia Benches. Speaking about the jurisdiction of the Sharia Benches, he said,
But General Zia did not mention that the Sharia Benches' jurisdiction was curtailed by the following overriding clause: “(Any) law does not include the constitution, Muslim personal law, any law relating to the procedure of any court or tribunal or, until the expiration of three years, any fiscal law, or any law relating to the collection of taxes and fees or insurance practice and procedure.” It meant that all important laws which affect each and every individual directly remained outside the purview of the Sharia Benches. However, he did not have a smooth sailing even with the clipped Sharia Benches. The Federal Sharia Bench declared rajm, or stoning, to be un-Islamic; Ziaul Haq reconstituted the court, which then declared rajm as Islamic.