Writing Islamic Constitutions: Lessons from Pakistan

Abstract

<p>Muslim-majority countries often face the question of how to reconcile the place and role of religion within the framework of the nation state and a modern westernised system of constitu-tional ordering. And few states have wrangled with the politics of constitutionalising religion as profoundly and persistently as the Islamic Republic of Pakistan. This paper argues that insights drawn from Pakistan are pertinent as much for contemporary debates on Islam within many Muslim-majority countries as they are for wider debates on religion and politics in the modern period. It argues that when contemplating the constitutionalisation of Islam and Islamic provisions: the design and jurisdiction of the courts matter; it may be better to achieve a workable political compromise between competing parties on religious matters than to stall or strive for the realisation of some ideal; the constitution should be free of any sectarian bias; and constitution-makers must take more structural matters such as the separation of powers seriously when considering discussions on religion and politics.</p>