A Critical Evaluation on Religious Extremism and Judicial Independence in Pakistan

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Barrister Qazi Naveed

Religious extremism is a serious threat to the peace and stability of Pakistan, a country that has suffered from decades of violence and terrorism in the name of religion. While the state and society have been struggling to cope with this menace, a recent episode has exposed the vulnerability of the judiciary, one of the pillars of democracy and the rule of law, to the pressures and attacks of extremist forces.

The episode in question is the backlash against the ruling of Chief Justice Qazi Faez Isa, who ordered the release of a man accused of distributing a banned book in 2019. The chief justice applied the basic principle of law that no one can be punished for an act that was not a crime at the time of its commission. He also noted that the accused had been detained for longer than the maximum possible sentence for the alleged offence.

This ruling, however, provoked a storm of criticism and condemnation from various political and religious groups, who accused the chief justice of blasphemy and apostasy, and demanded his removal from office. They also claimed that the ruling violated the Second Amendment of the Constitution, which declared Ahmadis as non-Muslims, and the laws that criminalize any insult or injury to Islam or its holy figures.

These allegations are baseless and uncalled for, as the ruling did not touch upon any matter of faith or doctrine but only dealt with a legal issue. The Supreme Court has also clarified that the ruling did not challenge the Second Amendment or any other law related to religion. The chief justice was simply performing his constitutional duty of upholding the rights and freedoms of the citizens and ensuring that justice is done.

The attack on the chief justice is not only an attack on his person, but also an attack on the independence and integrity of the judiciary, which is essential for the functioning of a democratic system. The judiciary is the guardian of the Constitution and the protector of the people from arbitrary and oppressive actions of the state or any other entity. If the judiciary is intimidated or influenced by any external force, be it political, religious, or otherwise, it cannot perform its role effectively and impartially.

The attack on the chief justice is also an attack on the values and principles of tolerance and pluralism, which are the foundations of a civilized and progressive society. Pakistan is a diverse and multi-religious country, where people of different faiths and sects have coexisted for centuries. The Constitution of Pakistan guarantees the freedom of religion and the equality of all citizens, regardless of their creed or caste. The state and society have a responsibility to respect and protect this diversity and harmony, and to prevent any form of discrimination or persecution on the basis of religion or belief.

The attack on the chief justice is, therefore, a challenge to the very idea of Pakistan, a country that was created to provide a homeland for the Muslims of the subcontinent, but not to exclude or oppress anyone else. 

The founder of Pakistan, Quaid-e-Azam Muhammad Ali Jinnah, envisioned Pakistan as a democratic and modern state, where religion would not be a matter of compulsion or coercion, but of personal choice and conviction. He said in his famous speech on August 11, 1947:

You are free; you are free to go to your temples, you are free to go to your mosques or to any other place of worship in this State of Pakistan. You may belong to any religion or caste or creed – that has nothing to do with the business of the State… We are starting with this fundamental principle that we are all citizens and equal citizens of one State… Now I think we should keep that in front of us as our ideal and you will find that in course of time Hindus would cease to be Hindus and Muslims would cease to be Muslims, not in the religious sense, because that is the personal faith of each individual, but in the political sense as citizens of the State.

The attack on the chief justice is, therefore, a betrayal of the vision and legacy of the Quaid-e-Azam, and a deviation from the path of democracy and development that he charted for Pakistan. It is also a manifestation of the growing influence and menace of religious extremism, which has been plaguing Pakistan for a long time, and which has been responsible for many acts of violence and terror, both within and outside the country.

Religious extremism is a complex and multifaceted phenomenon, which has various causes and consequences. Some of the factors that contribute to the rise and spread of religious extremism are: the lack of education and awareness, the distortion and misuse of religion for political or personal gains, the exploitation of the grievances and frustrations of the masses, the failure of the state and society to provide justice and welfare, the interference and involvement of external powers and actors, and the absence of a strong and united national narrative and identity.

Religious extremism is not only a threat to the security and stability of Pakistan but also to its image and reputation in the world. Pakistan is often perceived and portrayed as a country that is intolerant and hostile to other religions and cultures and that supports or harbors extremist and terrorist groups. This perception has damaged Pakistan’s relations and interests with other countries and regions and has isolated it from the international community.

Religious extremism is, therefore, a challenge that Pakistan must face and overcome if it wants to survive and prosper as a nation. The challenge is not insurmountable, but it requires a concerted and comprehensive effort from all stakeholders and segments of the society. The following are some of the possible steps and measures that can be taken to counter and combat religious extremism:

  • The state must uphold and enforce the rule of law, and ensure that no one is above or beyond the law. The state must also protect and defend the independence and dignity of the judiciary, and respect and implement its decisions and verdicts. The state must also take strict action against any individual or group that incites or perpetrates violence or hatred in the name of religion, and bring them to justice.
  • The state must also promote and strengthen the democratic system and institutions, and ensure that the people have a say and a stake in the governance and development of the country. The state must also address the social and economic problems and challenges that the people face, and provide them with basic services and opportunities. The state must also foster a culture of accountability and transparency, and curb corruption and nepotism.
  • The state must also review and reform its policies and strategies on national security and foreign affairs, and adopt a more pragmatic and realistic approach that serves the national interest and sovereignty. The state must also refrain from interfering or meddling in the affairs of other countries, and avoid any alliances or alignments that may compromise its independence and integrity. The state must also seek to improve and enhance its relations and cooperation with its neighbors and other regional and global partners, and play a constructive and positive role in the maintenance of peace and stability in the world.
  • The society must also play its part in countering and combating religious extremism, and in promoting and preserving the values and principles of tolerance and pluralism. The society must also reject and resist any attempts or influences that seek to divide or polarize the people on the basis of religion or sect, and instead celebrate and cherish the diversity and richness of the Pakistani culture and heritage. The society must also stand in solidarity and support with the victims and survivors of religious violence and persecution, and extend them compassion and assistance.
  • The society must also educate and enlighten itself and others about the true and authentic teachings and spirit of Islam, which is a religion of peace and mercy, and which respects and honors the dignity and rights of all human beings, regardless of their faith or background. The society must also engage and dialogue with other religions and cultures, and learn from their wisdom and experiences. The society must also foster a sense of civic responsibility and duty, and contribute to the welfare and progress of the country and the world.
  • The media must also play a responsible and constructive role in countering and combating religious extremism, and in promoting and preserving the values and principles of tolerance and pluralism. The media must also refrain from sensationalizing or exaggerating the incidents or issues related to religion, and instead present them in a balanced and objective manner. The media must also avoid spreading or endorsing any misinformation or propaganda that may incite or fuel religious hatred or violence. The media must also highlight and appreciate the positive and inspiring examples and stories of interfaith harmony and cooperation, and encourage and empower the people to follow them.

These are some of the possible steps and measures that can be taken to counter and combat religious extremism in Pakistan, and to create a more tolerant and inclusive society. However, these steps and measures are not exhaustive or exclusive, and there may be other ways and means to achieve the same goal. The important thing is to have the will and the commitment to take action, and to work together as a nation and as a community.

The attack on the chief justice is a wake-up call for Pakistan, and a reminder of the urgency and importance of addressing the issue of religious extremism. It is also an opportunity for Pakistan to reaffirm and demonstrate its commitment to the ideals and values of democracy and the rule of law, and to the vision and legacy of the Quaid-e-Azam. It is also a chance for Pakistan to reclaim and restore its image and reputation in the world, and to prove that it is a country that respects and celebrates diversity and pluralism, and that contributes to the peace and prosperity of the world. It is also a challenge for Pakistan to rise above the fangs of religious extremism, and to embrace the wings of tolerance and pluralism.

However, it is also more important to guard the values and injunctions of Islam, which is the primary law of the land. The finality of the Prophet Muhammad SAW is part of our faith, and it must be protected by all lawful means. 

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