FSC Denies Request For A One-Party Political System

The Federal Shariat Court (FSC) has dismissed a petition that sought to declare the multi-party system as incompatible with Islamic principles and replace it with a one-party system in the country.

In a detailed seven-page judgment authored by FSC Judge Justice Dr. Syed Muhammad Anwer, it was emphasized that a consultative and democratic decision-making process is a fundamental requirement, as stated in a verse from Surah Ash-Shura in the Holy Quran. The judgment pointed out that the practice of the Holy Prophet Muhammad (peace be upon him) involved seeking different opinions and viewpoints before making final decisions regarding government affairs.

The petition, filed by Advocate Sardar Abdul Qudoos, called for the declaration that Article 3, 4, and 5 of the Political Parties Order, 2002, and all laws related to the multi-party system were in violation of Islamic teachings outlined in the Holy Quran and Sunnah. The petitioner also requested the adoption of a single-party system in accordance with Islamic principles.

The FSC judgment stated that the petitioner’s Shariat petition was not admissible as it directly conflicted with Article 17 of the Constitution of Pakistan, particularly Article 17(2), which grants every citizen the fundamental right to form or join a political party. The judgment emphasized that the formation and existence of political parties were fundamental rights protected by the Constitution under the title ‘Freedom of Association.’

The verdict highlighted that having multiple political parties in a political system was not contrary to Islamic teachings but in conformity with them. Consultation, according to the judgment, is recommended in Islam for authorities, policymakers, and stakeholders, allowing citizens or groups to question and seek clarification on governance issues.

The court also referred to Surah An-Nisa, which acknowledges differences of opinion within a Muslim society, and noted that disputes among different groups of Muslims should be referred to Allah and His Prophet (peace be upon him). The FSC cited Verse 38 of Surah Ash-Shura, which advises consultation for reaching the right conclusions on governance and policy matters.

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The judgment discussed the introduction of the term ‘Parliament’ in the Constitution through a Presidential Order in 1985 and highlighted its role as a place for consultation and debate among different political parties. It underscored the importance of consultation between democratically elected parties and groups within parliament, aligning with Islamic principles.

The FSC also acknowledged that raising objections to government functioning in a civil and democratic manner is a part of the consultative process, which requires the presence of individuals with diverse political views and political parties. The Political Parties Order, 2002, was designed to promote a constructive consultative process through political parties, according to the judgment.

Furthermore, the judgment pointed out that various articles in the Constitution, such as Articles 51, 63-A, 175, and 224, mention the participation and operation of political parties in the country’s political system.