A representative of the newspaper ‘Jung’ asked Javed Ahmed Ghamidi what role should the ‘Islamic Ideological Council’ play in a Muslim state like Pakistan, whether it has fulfilled this role, and how its performance has been based on this. Furthermore, how can it be made an effective institution? The summary of Javed Ahmed Ghamidi’s response to this question is as follows.
Islamic Ideology Council is a constitutional body of the state of Pakistan. Its primary duty is to present recommendations to the Parliament and the provincial assemblies for the formulation of Islamic law. There is no doubt that this task is of paramount importance for the nation and the country. The reason for this is that most of the doubts or questions about Islam currently emerging in the world are related to jurisprudence and Shariah. These include the limits and conditions of jihad and combat, the structure of governance and the nature of consultation (shura) within it, issues related to the economy and the interest-based system, rulings on matters related to women such as veiling, polygamy, and divorce, laws concerning testimony and compensation, punishments for crimes such as murder, adultery, theft, and apostasy, the legal status of music, painting, and other fine arts, and numerous other subjects that are commonly debated. Since our scholars do not have satisfactory answers to these questions, the notion is being formed that Islamic shariah is a remnant of a bygone era. It is perceived to lack the ability to align with the changes brought about by the evolution of civilization in the individual and collective affairs of human beings. Consequently, its implementation at the state level in modern times is considered impossible.
In this context, the main purpose of the Islamic Ideology Council is that it:
Firstly, it addresses and resolves the doubts and uncertainties surrounding Islamic Sharia.
Secondly, determine the context of ijtihad (independent reasoning) and inform the nation and community with their opinions.
Thirdly, to develop laws on individual and collective matters to guide the parliament.
This is the very need that Allama Iqbal sensed even before the establishment of Pakistan. Hence, he addressed this in his book “The Reconstruction of Religious Thought in Islam“ and expressed that the existing structure of jurisprudence and Shariah is neither suitable for the propagation of Islam nor for its implementation. He also listed important practical issues for which this structure offers no solutions.
Now the question is whether the Islamic Ideology Council possesses the capability to fulfill this need. In my view, the answer is in the negative. The reason for this is that our educational system is incapable of producing such distinguished scholars who are capable of meeting the needs of the modern era. This educational system is based on the principle of rigid imitation. It insists that the interpretations and commentaries of the religion by ancient scholars are complete in every respect. While there is room for understanding and explaining their work, there is no scope for revising it. The principles and laws that the jurists of the first era established remain applicable despite the changes of time. In this context, there is neither a need for research and ijtihad nor is there any possibility now for anyone to attain the position of a mujtahid. Our scholars are products of this educational system. Hence, whether they function in an individual capacity or collectively as part of an institution, they lack the capability to explain and elucidate Islamic Sharia or to present their views on matters where the Sharia is silent. These very scholars are part of the Islamic Ideology Council. Therefore, it is futile to expect this institution or any similar institution to be able to answer the questions being raised by the intelligent elements among Muslims regarding Islamic Sharia, or to dispel the doubts and skepticism faced by Muslims at a global level.
Therefore, if the performance of the Islamic Ideology Council is evaluated from the perspective of whether it has formulated laws that are precisely in accordance with Islamic Shariah and fully meet the needs of the present era, its performance is zero. However, if viewed from the angle that it has made recommendations for the formulation of laws in light of traditional religious thoughts, regardless of the issues of the present time, its performance is one hundred percent.
As far as the question is concerned regarding how to make it an effective institution, in my opinion, these three measures are indispensable:
1. The religious education system should be reformed so that it can produce scholars who are genuinely capable of fulfilling the task of codifying Islamic law.
2. Merit should be used as the basis for council membership.
3. The parliament should be bound to discuss its recommendations and decide on their acceptance or rejection.