Minority rights have always been an issue of great debate not only in Pakistan but also in the whole world. This issue resurfaced once again after the unfortunate incident in Kasur in which a Christian couple were lynched and burnt to death. Many see the mixing of Islam in the polity of Pakistan to be the source of all ills with regards to minority rights. They are of the view that the exclusion of Islam from politics is the only panacea for the marginalisation of minorities in Pakistan. It may be an over-simplified view. Things are not that easy. It is also important to understand how Islam protects minority rights.
In modern democratic states, the civil rights of citizens are recognised as they enable people to live decent and honourable lives. As democracy ensures the provision of public goods in terms of equality, such civil rights that ensure the good life of individuals and provide opportunities for a happy, well-rounded life are recognised in modern constitutions and are treated as fundamental rights. Islam also recognises such civil rights like right to life and property, freedom to practice faith and manage religious institutions, freedom of movement and association, freedom of trade and business etc.
Islam recognises the fundamental right to life and honour of every individual irrespective of his religion, beliefs and creed. According to Islam, he who takes away the life of an individual without lawful authority is regarded as the one who has killed humanity at large. Islam recognises the fundamental rights of non-Muslims as being at par with Muslims. No Muslim can harm the life, property or the religious places of non-Muslims. He cannot torture non-Muslims in anyway. According to the Holy Prophet (PBUH),”He who tortures a dhimmi is like the one who has counteracted him (the Prophet). I shall counteract against him (he who tortures a dhimmi) on the Day of Judgment who has counteracted him.” Jurists from different schools of thought also believe that it is binding upon Muslims to protect the civil rights of non-Muslims. Moreover, Islam also recognises the right to education and property for minorities according to their own belief. About the right to family and secrecy, it is also recognised that they can manage their institutions according to their own religious laws. The Constitution of Pakistan has also protected these rights given to minorities by Islam.
In the Constitution of 1973, the state of Pakistan recognises such fundamental rights to every citizen irrespective of race, creed, colour and religion. Apart from the basic right of life, liberty and property, the Constitution also recognises and safeguards the religious beliefs of all the citizens of Pakistan. According to Article 22 of the Constitution, which provides safeguards as regards to educational institutions in respect of religion, no educational institution can force the individual to receive religious instruction or take part in any religious ceremony other than his own. This is the reason why it is not compulsory for non-Muslims to study Islamic Studies while Muslims are compelled to study it.
According to Article 26 and 27 of the Constitution, there shall be no discrimination in respect of access to public places and services respectively on the basis of religion. There is no such public place in Pakistan where terms like “Non-Muslims and dogs are not allowed”, as was written during the British Rule in India: “Indians and dogs are not allowed”. Again, religion is not meant to be a hurdle for any community. Former Chief Justice (CJ) of Pakistan Rana Bhagwandas belongs to the Hindu community but he was appointed to the top judicial post on merit without any discrimination on the basis of religion. Over the issue of the appointment of Chief Election Commissioner (CEC), all the political parties, including religious parties, were unanimous in their opinion on the nomination of Rana Bhagwandas. There are many citizens from our minority groups employed in the civil and military bureaucracy of Pakistan.
The Constitution also ensures to preserve the language, script and culture of all citizens, irrespective of their religion and creed. As Muslims are free to preserve their cultures, there is no discrimination on the part of the state to ban minority festivals such as Diwali and Christmas. In the urban cities of Pakistan even Muslims become excited about celebrating Christmas Day. Islam and the Constitution are no hurdles in the civil rights of minorities. But then, why do we hear of cases of violence against non-Muslims? Is Islamisation of polity the reason for the unfortunate events against our Christian citizens? Does the solution lie in de-Islamising Pakistan’s polity?
Article 2 A of the Constitution bars the legislature from making any law repugnant to Islam as the sovereignty of the entire world, including Pakistan, belongs to Allah. This implies that the government, which fails to prove protection to minorities, is disobeying Allah’s orders. Furthermore, no government can ever commit any alteration in the Constitution with the intention of reducing minority rights since such rights are ensured to them by Islam.
So, it can be said that it is not Islam that is the cause of persecution of minority groups but it is bad governance and the failure of the security apparatus to protect vulnerable communities. Even if you de-Islamise Pakistan, the majority would still be Muslims and the ‘other-classes’ would still be vulnerable. People would still (mis)use the religion and with the greater impunity. The solution lies in improving governance and ensuring the state’s writ so that minorities and other vulnerable communities are protected.
The writer is a political scientist based in Islamabad. He tweets @hassanshahjehan