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An Insight into Emergence of Constitution and Present State of Affairs

Ayesha Nadeem
Posted Ayesha Nadeem

By: Raheel Maqsood

The times when there was no social contract, reflected no rights for humans. Such patches also test the waters challenging the subjects’ integrity to stand for their rights or submit to oppression by the powerful accepting disenfranchisement and enslavement. Those who do not stand for the right against the oppressor fearing death, end up laying in graves by the oppression of the oppressor.
During the ancient periods when “Survival of the Fittest” and “Might is Right” was exercised, the community of humans – with mutual discussion; based on consent by the majority, decided to enter into an agreement that called for safeguarding everyone’s survival and fundamental rights i-e life, self-respect, dignity as a prime responsibility – the agreement was termed as a “Social Contract”. There needed an enforcing authority who would ensure that all those becoming a party to this social contract, honor the agreement; therefore, a ruler in whom, all the persons – party to the contract surrendered their right to one individual called a (sovereign) of deciding on their behalf against the assurance of their survival, security, equality, equity, and progress. Thus, people transferred their sovereignty to the sovereign for a decided duration. As everyone is born free with all fundamental rights; deciding to transfer their right of sovereignty is as hard as surrendering life – yet for a greater cause of peace and prosperity they did so anticipating the honor of their trust. That social contract eventually developed into constitutions and sovereign governments. In the case of Pakistan where there is a state of socio-political unrest – an uprising by people against the government and LEAs’ excessive & illegitimate use of force and authoritarianism as perceived by the uprisers, it may be assumed that the social contract (constitution) is compromised. Most importantly, the constitution of the Islamic Republic of Pakistan lays in its preamble that;
“whereas sovereignty over the entire Universe belongs to Almighty Allah alone, and the authority to be exercised by the people of Pakistan within the limits prescribed by Him is a sacred trust”;
“wherein the principles of democracy, freedom, equality, tolerance and social justice, as enunciated by Islam, shall be fully observed”;
Thus, the sanctity of the document, a – constitution that affirms sovereignty (final authority) belongs to Allah and that this constitution derives sources from Islamic principles and guidelines is undermined. It also expresses that the divine provisions of Islam that limit the use of force are also disregarded. In the given set of circumstances, a question that are we going back to antiquity and times of ignorance where the fittest would keep on surviving while the mightiest would accumulate all the rights and control over resources. The times when there was no social contract, reflected no rights for humans. Such patches also test the waters challenging the subjects’ integrity to stand for their rights or submit to oppression by the powerful accepting disenfranchisement and enslavement. History presents numerous evidences for those who do not stand for the right; keep on compromising to the extent that death meets their souls. If the given circumstances of Pakistan’s crises are analyzed through religious viewpoint, it all comes down to individuals involved in corruption and malpractices at their respective level and approach concluding that the nation as a whole need to repent and seek forgiveness from Allah Almighty to prevent His wrath and emerge from socio-political crises and economic downfall.

The author is a serviceman based in Islamabad, he can be approached at khanraheel69@gmail.com

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