Saturday, January 22, 2011

Laws enacted in a society determine the direction of its progress. Muslims of sub-continent dreamed of a separate homeland, where they can introduce and practice laws according to their own interpretation of the Islamic principles of Law. Creation of Pakistan was the first step towards this goal, but coming up with Law which corroborate Islamic values in accordance with the current needs of the society required the nation to explore and experience the pros and cons of the legal systems already flourishing in the world.

In the last six decades, we have gone through a number of legal experiments, adopting Secular views and experiencing certain kind of Islamization, Pakistanis have come across a number of questions regarding the legal scenario.

In the past few years the urge to define our legal philosophy has met new zeal. The armed militancy of Talibanization brought much more than unrest and disturbed law and order situation, a social legal system based on values alien to the common masses were given boost, triggering the nation to reach a consensus in finding answers to the queries they felt when experiencing all these different legal philosophies and instigating the common masses to analyze legal history of the nation, and revise the already flourishing system.

At the level of common masses heated discussions are going on, and all of a sudden the whole nation seems to shoulder the responsibility of framing the Laws supporting Islamic values acknowledged by the founding fathers of the country. From the nature of laws to the role of legal institutions in the life of a nation, its direct or indirect relation with common masses, a common man is busy addressing these questions and erecting Law according to his/her own interpretation. Without this involvement and interest of a common man, the intelligentsia alone can not be of any help in coming up what the nation dreamed of achieving at the time of the birth of the country.

From Lawyer’s movement and the interest shown by masses for it to the women empowerment bills, the decision making seems directly influenced by what the nation demands.

Is it that we are about to enter a new legal phase in the history of our nation and is the next goal in front of the nation concerned about framing and enacting the Law we always yearned for? This is a question which the current situation compels me to come up with. What do you say?
(Related post: See Khurram Ali Shafique’s article Cornelius of Pakistan)


Hayder Sarfraz said...

Its Just that what i think may contradict what u have in your mind!!!!
We may be of the same school of thought but our thinking and approach may be vastly different!!!
Actually this is where we go wrong!!!!
I actually im quite confused that what is the status of our country!!!
I know it is called the ISLAMIC REPUBLIC OF PAKISTAN!!
But wasnt it meant to be an islamic state that also safeguards the rights of the religious minorities!!!!
We are so divergent on this issue!!!!
And we werent meant to be a state that would work on sectual agenda!!!!
And i was feeling patriotic a couple of days back!!
Hearing the song!!!
Hum Zinda Qaum Hain Paenda Qaum Hain
Hum Sab Ka Pakistan!!!
Just made me wonder that is it a country for all!!
For all the People,For all the sects,For all the religions!!!
Where people can live peacefully regarding whatever sect,religion and community they belong to!!!!
I was Having a negative feedback in my mind regarding that!!!!!
We are living on the Edge!!!
Framing a legal structure would be an extremely difficult task!!!
its not that its impossible or something!!!
Because we have to strike a balance!!!
where all the people will be happy!!!
The religious extremists and the so called moderates!!!!!
Which is not the case today!!!
Where killing innocent people is a pass to paradise!!!!
where there is no respect for the difference of opinion!!!!
And if one doesnot agree to what you have to say than murdering him is a more suitable option than to give in to what other has to say!!!
It is not the right time because what i feel is that people are extremely irritant and possessive!!!
To whatever ideologies they have already set!!!!!!!!!
I may be talking Nonsense but i do have the right of freedom of speech!!!!
To put forward what i feel like!!!
Hoping to see a reply that would be i guess opposite to what i think but would help me in understand both the aspects of the picture!!!!!

Hayder Sarfraz said...

Anyway like the outlook of your blog!!!!!

Maryam Mahmood said...

this is the transition of this nation and during transition it is passing through different stages of ideas; ideas from socialism to secularism to standing against tabbanization. such trans are good for nations for there progress but cost alot. but the most adorable thing is our nation progressed and did nt stop or moved back.
so v ll present new horizones of law to the world soon

Maryam Mahmood said...

@ hayder
when there is the birth of new ideas; the old views has to break but they show resistance to die which results in destructive phase. so u must understand the need of destruction for construction. dunt be upset with the destruction rather try to observe it keenly and understand it so that u can build up urself more presicely and accuratly

Hayder Sarfraz said...

thanks for the elaboration!!!!
i just wish that if the destruction is inevitable then than the volume of it be considerably lower than the progress that we would make in the future!!!!!!

Thinking said...

hmm....the way our intelligentsia has seprated themselves from common it is possible now to look for a change or ammendments in law which can give proper share to all?

Only...I believe first of all we have to make common masses come upto the point where they can ask the intelligentsia to share what they have in their mind and can vote about it....

If we require change...the change we require is the sharing of intelligentsia thinking with the common masses...not the instructions from some upper level...highly qualified to some unqualified...which brings Qadri in the market...who killed without further thought...

Its time to preach TOLERENCE...only.

Akhtar Wasim Dar said...

Nice discussion, our intelligentsia is confused and do not represent masses, the so called wisdom of intellectuals is for talk shows, seminars and books, they does not know what misery a common man is up to. I want to quote from a timeless class ROAD TO MECCA , where a commoner a beduin describes the aspirations of common people:

“We Arabs do not believe ourselves to be faultless or free from error; but we want to commit our errors ourselves and so learn how to avoid them, just as a tree learns how to grow right by growing, or as running water finds its proper course by flowing. We do not want to be guided to wisdom by people who have no wisdom themselves, who have only power, guns and money, and only know how to lose friends whom they could so easily keep as friend.”

Namrah Mahmood said...

@Maryam and Hayder
Thanks for discussing the matter.
What I wanted to point out here is JUST that as you, a young student, is concerned about what Law should be established in the country, every other Pakistani seems concerned. And this proves my point that this 'concern' can take us to horizons undiscovered.
Thanks for your comments.

Namrah Mahmood said...

I truly supports your point of view that a sharing of ideas needs to take place between the masses and intelligentsia. But I believe that if a problem is figured out, the solution is no way ahead. With some effort it is possible that we may be able to see a future where such sharing and harmony is the key principle of Life. Thanks for your comment.

Namrah Mahmood said...

Very true! And what I believe is that the baffled responses of the intelligentsia has been noticed by the masses for long now, and all of us want to breathe in fresh air, for which we need to develop what we have already achieved, and strive hard for what we still have to achieve. As a nation, we can sense a big DESIRE especially among the young to do something, to bring about the system we need, and perhaps this can be a beginning to the unity of all our goals and aspirations, so that every strand of national interest may get woven into a cloth called National Law.
The words you have quoted are brilliantly put by the author, and what striked me the most were "...just as a tree learns how to grow right by growing..." At a national level thats what we have been doing, learning how to grow, and perhaps a new chapter in the experience of learning wants us to revisit all what we have already learnt so as to produce fruits with new tastes and texture.
Thanks for your comment.

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