Islamic Constitutionalism in Pakistan:

Nature, Impact, and Compatibility with International Human Rights Law

Muhammad Zubair Abbasi

 

Abstract: The role of Islam is widely debated in the constitutional systems of many Muslim majority states. The constituent elements of Islamic constitutionalism such as sovereignty of God, consultation, consent, and public interest can be employed to design a variety of governments. In reality, particular historical contexts of Muslim majority states determine the role of Islam and ulama in their constitutional models. The constitutional history of Pakistan shows that Islamic constitutional clauses and fundamental human rights can mutually reinforce each other. In the context of Pakistan, the analysis presented in this article shows that Islamic constitutionalism has the potential to contribute towards ensuring a limited and accountable government based on the notion of rule of law that protects individual rights and personal freedoms by putting limits on the state authority.