In a recent ruling, the Federal Shariat Court (FSC) has dismissed a petition advocating for the replacement of Pakistan’s multi-party system with a one-party structure, emphasizing the compatibility of democracy with Islamic principles.
FSC Judge Justice Dr Syed Muhammad Anwer, in a detailed seven-page judgment, cited the Holy Quran and the practices of the Holy Prophet (SAW) to underscore the importance of diverse opinions in decision-making. The court highlighted the consultative nature of governance, stating that the formation and existence of political parties align with the teachings of Islam.
The petition, filed by Advocate Sardar Abdul Qudoos, sought to declare laws related to the multi-party system against Islamic injunctions, urging the adoption of a single-party system in accordance with Islamic principles. However, the FSC deemed the petition “not at all maintainable” as it conflicted with Article 17(2) of the Constitution, guaranteeing the right to form and be a member of a political party.
The judgment underscored that the presence of multiple political parties is fundamental to the democratic fabric, allowing different perspectives to be represented and issues to be debated before the government. It clarified that the concept of consultation and objection is encouraged in Islam, and citizens have the right to question and seek clarification on governance matters.
The FSC noted that the term ‘Parliament’ was introduced to highlight the importance of consultation between political parties, as reflected in the amendment to Article 50 of the Constitution in 1985. The court emphasized that objection to government functioning is an integral part of a civil and democratic society, facilitated through the existence of diverse political thoughts and parties.
In conclusion, the FSC asserted that the impugned laws, including the Political Parties Order, 2002, serve the purpose of promoting a constructive and healthy consultative process through the engagement of political parties in the country’s polity. The judgment further referenced various constitutional articles that acknowledge and regulate the participation of political parties in the nation’s governance.
