WEB DESK: More than half of the members of the Council of Islamic Ideology (CII) including the chairman Dr Qibla Ayaz have completed their tenure, making the council almost dysfunctional as it cannot review all laws.
As per the current situation, some 11 of 20 members of CII have completed their tenure in the second week of November, while one of its members Maulana Ghulam Muhammad Sialvi has passed away.
While exclusively talking with News360, CII Chairman Dr Qibla Ayaz told that he had referred the list comprising 50 names to the Prime Minister Imran Khan Federal Law Ministry.
However, so far, he has confirmed that no progress has been made on it.
He added that the CII was ineffective without a chairman.
He confirmed that as the council has gone dysfunctional, the issues pertaining to inter-faith, Hajj, and others cannot be brought to the council.
Hence, the council is operational only with eight members as the rest of them do not hold any powers.
Objective resolution and council’s formation
It is guaranteed in the objective resolution that no constitution or law of the land would be in conflict with the Qur’an and Sunnah.
The need for CII
Before CII, there was no constitutional body to deliberate on various important and sensitive nature issue, so to fill this gap, the “Islamic Consultative Council” was formed in 1962, then the “Council of Islamic Ideology” was formed under the 1973 constitution.
So far, 13 personalities have been appointed as chairmen of CCI.
Appointment of council members
The council operates under the Ministry of Law, consisting of twenty members, including the Chairman.
On the recommendation of the Prime Minister, the President of Pakistan appoints Council members for three years term.
The current state of CII
Out of 20, Eleven members of the Council, including Chairman Qibla Ayaz, retired in the second week of November, while one of its members, Maulana Ghulam Muhammad Sialvi has died.
The primary responsibility of the council
The CII has been formed under the Constitution of Pakistan. It has two main responsibilities.
1. To review the laws contained in the Constitution and to make recommendations to the Parliament for adapting the laws contrary to Shariah to the Qur’an and Sunnah.
2. To review the laws made by the Parliament so that they are not against the Qur’an and Sunnah.
The role of the council and important recommendations
The council’s job is not to legislate, but to send recommendations for legislation to parliament. Its members have equal representation of all schools of jurisprudence.
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The Council has so far, after research and discussion, unanimously formulated thousands of recommendations in the light of the Qur’an and Sunnah and sent them to Parliament, but these recommendations are still awaiting review and legislation. Declaring it contrary to the Sunnah, he proposed immediate amendment but no action was taken.
Recommendations
It has made recommendations on a number of important issues such as punishment, quota system, respect for Ramadan, law of martyrdom, khula and divorce. The Council for Interfaith Harmony developed a Code of Conduct with the consensus of scholars from all schools of thought.
NAB provisions declared un-Islamic
The council had declared three sections of the NAB un-Islamic and unconstitutional.
1- Conviction before conviction and making it the responsibility of the accused to prove innocence.
2- Plea Bargain
3- Promised forgiving witness
Is the Islamic Ideological Council a burden on the national treasury?
Federal Minister Fawad Chaudhry had criticized the council for declaring some NAB laws unconstitutional and said that spending crores of rupees on the agency was beyond comprehension.
Regarding the role of the council, Dr. Ayaz termed it crucial in the legislative matters as the council had representatives from all major sects.
He stated that if such institutions did not exist, the countries swerve to anarchy.
Turning down the objections, Dr. Ayaz said that CCI’s budget was meager as compared to the operations it performs.
He said that the related experts in the council deliberate over the issues brought to the council.
Whereas, the final decision is taken in the light of the Quran and Sunnah.
Dr. Ayaz said that the council did not only give recommendations to the legislative assemblies but it also opined on different bills presented in the panels of the senate and national assembly.
He cited the examples of some recent bills presented and said that no bill, having Islamic synthesis, could be passed in the assemblies without CCI’s approval.
Dr. Qibla Ayaz talks to News 360
Dr Qibla Ayaz, former chairman of the Islamic Ideological Council, told News 360 that the role of the Islamic Ideological Council is very important in Pakistan in which all sects are represented.
He said that the budget of the council is not as important as its performance.
He said that the relevant department first conducts a thorough investigation on the issue under consideration in the council and then the members of the council. In the light of opinions, a unanimous decision is made according to the Qur’an and Sunnah.
CII does not just make recommendations to parliament
Qibla Ayaz said that the Council of Islamic Ideology not only makes recommendations to the parliament but also gives its opinion on the bills under consideration in the standing committees of the National Assembly and the Senate for legislation.
No proposed law can proceed without a council’s recommendations.
Temple case – saved the state from embarrassment
Qibla Ayaz said that the recommendations for construction of a temple in Islamabad did not deviate from the Shariah and saved the state from embarrassment.
On the first wave of Corona, the Council helped Presidency and the Prime Minister’s Office to form SOPs.
Qibla Ayaz further said that the interfaith bill, Hajj and many other issues can no longer be reviewed due to ineffectiveness of the council.