Judicial Interpretation of Islamic Provisions under Article 227 of the Constitution of Pakistan

Abstract

Article 227 of the Constitution of Pakistan takes a central stage in establishing the connection between the Islamic injunction and the constitutional and legal set up of the nation. Article 227 makes the concept of Islamization a constitutional goal by requiring all existing laws to be harmonized with the injunctions of Islam that are contained in the Quran and Sunnah, but it also poses a complicated question regarding the interpretation of the constitution, power, and judiciary. This paper takes a critical look at how Islamic stipulations have been interpreted using Article 227 and relating this interpretation to the way the Pakistani courts have ascertained, applied and operationalized this constitutional provision in the past. It submits that judicial interpretation has been decisive in defining the extent and boundaries on which Islamization is exercised, that it has acted as a mediator between the provisions of religion, constitutional supremacy, and the demands of the law in the current times.

The paper examines how courts have looked at the meaning of the term injunctions of Islam, the scope of judicial competence to interpret religious texts and the connection of Article 227 and other constitutional provisions, especially fundamental rights. It emphasizes that the judicial involvement with Article 227 has never been unanimous but has been changing in terms of careful balancing between Islamic tradition and constitutional framework. Although courts have tended to stress the orientation between the Islamic provisions and the constitutional rights, judicial interpretation has also proven to have tensions between the religious requirements and pluralistic legal governance. The article finds that judicial interpretation method within Article 227 is an attempt to balance constitutionalism with the Islamic identity and the role of judiciary in the constitutional jurisprudence of Islamization is crucial in future development of Pakistan.