Freedom of Religion in Pakistan

Pakistan wants to include a speech by Muhammad Ali Jinnah in its constitution. The speech contained: "You are free, you are free to go to your temples, you are free to go to your mosques or any other place of worship in this state of Pakistan. You may belong to any religion or caste or creed. That has nothing to with business of the state."

One of the dissenting voices in Pakistan argues the opposite:

Right-wing Muttahida Majlis-e-Amal leader Liaqat Baloch said: "Pakistan is an Islamic state and it was created in the name of Islam. We can't go against the ideology... Any bill that negates Pakistan's ideology will not be supported by the MMA. We will in fact reject it with full force."

Most nations have references to some form of deity in their constitutions or founding documents. Australia for instance has a head of state that is also a head of the church. Freedom of religion becomes one of absent executive force and legislative intrusion - ie a lack of discrimination.

This is an area where liberalism's pluralistic approach is far superior to mono-religious states like Saudi Arabia. The enlightenment identified religious coercion through the state as one of the main forms of tyranny and sufferance against a population. This is one of the reasons why freedom of religion is often elevated to the level of the constitution.

Pakistan doesn't appear to be placing freedom of religion as a constitutional restriction on the executive and legislative though, by putting the speech in there it is like a preamble, and not legally binding. It is more like 'Hooray for everything'.

For it to be useful as a political right it will have to be inserted into the constitution in such a way that it leaves no doubt that it is an area the executive cannot enforce in, and that the legislative cannot legislate over. I don't think this is what the Pakistani politicians are arguing for, so it is probably theatre.

This appears to be Muhammad Ali Jinnah's speech from 1947 that is referenced in the article.

Permalink, Freedom of Religion in Pakistan, Feb 2007, cam

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