IN THE NAME OF ALLAH, THE BENEFICENT, THE MERCIFUL
Foreword
On the basis of (Chapter-1) findings, an attempt has been made to develop a ‘Charter of Governance’ for the contemporary environments. A lot of thought has also been given to the implementation modalities in order to accommodate expected ensuing arguments and criticism such as that identified below:
- It is naive to imagine that centuries old disputes and prejudices could be eliminated by adopting any hypothetical and untested concepts?
- Researchers not involved with the affairs of States and its inbuilt complexities have little or no concept to evolve cures for the same?
- None else but ‘Uluma’ alone carry the knowledge and concept to talk about Quran and/or Allah’s Way (Sunnat)
- Affairs of the countries and states involving multitudes are not like starting up plants and shutting them down for refurbishment followed by subsequent startups again?
- The concepts need to be dismissed being an incursion of western culture/education driven thoughts?
- Usual conspiratorial theories?
- Anyone dealing with topics such as these contained herein, without being a certified ‘Aalim’, need to be ignored as a minimum or be punished for bringing in the alien concepts and/or ideas?
- Contrary to all the above, the compilation of this work is nothing but an earnest collection of inspirational urge.
The plan outlined below, visualises no hiccup in the existing rule of law, whereas the implementation could be incorporated within the existing governance setup. All proposed activities could easily form part of the existing public mandate system (in the form of a referendum questionnaire). The proposed plan may simply be taken as a first draft, without prejudice, to assess its need, applicability, acceptability at all levels inclusive of governance and masses. Last but not least, it is in no way an attempt to create any problem of governance for the authorities, or an attempt to promote any personal or collective agenda, in any form. Apologies in advance for the knowledge limitations, omissions, oversights and/or any kind of errors of judgement.
Abstract:
- The outlines of the Charter of Contemporary Islamic Governance, based on Quran, have been spelled out.
- A three-tier setup of legislative frame-work based on Allah’s Way (Sunnat) has been outlined.
- While it is proposed that the existing Parliament (Shura-1) and Senate (Shura-2) be renamed and redefined to meet the requirements of Allah’s Way (Sunnat), the creation of (Shura-3) has been proposed.
- Whereas (Shura-1 & 2) have been proposed to continue retaining their existing functions as the processing and approving authority based on their popular mandate, (Shura-3) is proposed to handle the task of legislative elaborations based on the holy Quran.
- (Shura-3) charter, delegate strength, nominations and election procedure have been proposed.
- The outlines of (Shura-3) functions have been proposed.
- The requirements with respect to the Chairman and Delegates have been looked at.
- The Confidentiality, Press and Ethics norms in respect of (Shura-3) have been proposed.
- The charter of governance based on the proposed legislative dynamics has been looked at.
- (Shura-3) supporting establishment with its job related character and functions have been identified.
- The implementation of all the proposed requirements, within the existing framework of governance and public mandate system, have been proposed.
- (Shura-3) proposed organisation structure has been outlined.
Contents
2.1 (Shura-1)
2.2 (Shura-2)
2.3 (Shura-3)
4. (Shura-3) Creation and Structure
8. (Shura-3) Dynamics of the Legislative Process
9.1 Primary Function
9.2 Review Functions
9.3 Information and Communication Functions
9.4 Monitoring & Reporting Functions
11. (Shura-3) Press and Ethics Guidelines
12. (Shura-3) Delegates’ Nomination/Election
13. (Shura-3) Establishment Functions
14. (Shura-3) Establishment Personnel Prerequisites
15. (Shura-3) Proposed Organisational Structure
1. Preface:
It has been established in Chapter-1:Governance Fundamentals Based on Quran {Allah’s Way (Sunnat)}: that the holy book carries entire range of governance fundamentals:
> ” This was our way with those of messengers whom We sent before you, and you shall not find a change in Our way
(Bani Israil-17: 77)
Allah has emphatically commanded that the holy Quran be referred to discover His Way with respect to problems faithfuls may have:
> ” Verily We have propounded for mankind in this Quran examples of every kind so that they may contemplate”
(Zumar-39: 27)
This very command has been further spelled out as below:
> ” The word with Me never changes, nor am I unjust to (My) servants”
(Qaf-50: 29)
The sufficiency of the holy book Quran is, therefore, fully established to form the basis for the development of legislative working guidelines based on Allah’s Way (Sunnat) alone. This issue is, now, addressed in this Chapter-2, in the form of a proposed blueprint, for the assessment of its suitability or otherwise; being the next logical step. This document has been prepared in consonance with the Pakistan environment, but with minor alterations, may remain applicable to other locations. Best efforts have been made to leave all the existing laws, procedures, practices, etc untouched, wherever possible, thereby avoiding startup chaos. To start with, only absolutely essential changes have been proposed for inclusion. It is also acknowledged that the need for ongoing further work exists.
2. Three Tier Set-Up:
The requirement of legislative assembly (Parliament or a lower house), in its present form, does not exist in a governance system based on Allah’s Way (Sunnat). Instead, creation of a Three Tier Set-Up is necessary to handle the task of detailing the legislative requirements in line with Allah’s Way:
>>> ” Take their counsel in the (conduct of) affairs>>>“
(Imran-3: 159)
>>> ” and conduct their affairs with consultation amongst themselves>>>”
(Shura-42: 38)
2.1 (Shura-1):
The existing Parliament (Lower House) concept meets the command of ‘Consultation’ by renaming it as (Consultative Assembly or Shura-1) with its existing legislative power base duly modified, to allow for amendments, catering for induction of Allah’s Way in its legislative character.
2.2 (Shura-2):
The concept of Senate (Upper House or Shura-2) also complies with requirements representing smaller provinces (entities) on an equitable basis. The role of (Shura-2) also needs to be amended to turn it into a ‘Consultation’ platform catering for bringing in Allah’s Way into its legislative character.
2.3 (Shura-3):
It is necessary to create a new entity named as (Council of Specialists or Shura-3). The induction of this new entity may be charged with the task of development of legislative working guidelines based on Allah’s Way (Sunnat) and its practical implementation using ‘Consultation’ platforms provided by already existing (Shura-1 and Shura-2). The introduction of (Shura-3) concept, and election from amongst the nominations processed by the Election Commission, should require a mandate from (Shura-1 & 2) to bring it in line with Allah’s Way outlined in (Imran-3: 159 & Shura-42: 38)
3. Why Change is Required?
Muslims, as a whole, after receiving Allah’s ‘Gift’, achieving their ‘Golden Age’, fell into a decline; degrading to the current level of their insignificance in the world. A simple reason, expressed in a few words only, had been their failure to comply with Allah’s Way (Sunnat). Faithfuls need to understand that Allah’s Way (Sunnat) is a dynamic and not a static command. Unless Allah’s desired dynamics is truly implemented, while doing otherwise is nothing but a wilful disobedience, the prevailing situation shall not ease. In the contemporary world, success and failures are determined by the strides in the field of knowledge based sciences and technology which itself is nothing but His Worship (Ibadat). On the contrary, disregarding the same is a Shaytanic act. The word (‘Allah’s Gift’) above carries special significance and meaning which needs further elaboration. Its background, carrying faith and historical overtones, is a subject in itself and needs to be dealt with separately.
4. (Shura-3) Creation and Structure:
* The first step of creation of (Shura-3) may consist of a ‘Decree’ using authorised means at the disposal of the State (government). The concept may then be approved by both houses (Shura-1 & 2) to trigger the ‘Consultation’ mechanism in line with Allah’s Way (Sunnat). Thereafter, the newly constituted body of (Shura-3) would evolve its own procedures and practices on need basis.
* This new creation, consisting of eminent scholars, covering the entire spectrum of conventional and modern specialities, may be charged with responsibility of undertaking the desired task.
* The incorporation of such a council, may consist of a proposed total strength of Fifty (50) delegates, spread over undermentioned categories:
- Presidential nominee: 01
- Federation nominees: 02
- Provincial nominees: 04 (One from each provinces)
- Judicial nominee: 01
- Lawyers nominees: 01
- Armed Forces nominees: 04 {One each from Joint Chief of Staff and other three major wings ( Army, Air Force and Navy)}
- Police nominee: 01
- Stock Exchange nominee: 01
- Finance & Economic Sector nominee: 01
- Education Sector nominee: 01
- Health Sector nominee: 01
- Uluma nominees: 12
- Sciences’ nominees: 03 (Earth, Social and all other Sciences inclusive)
- Women nominees: 04 (Organisations & Individuals inclusive)
- Technology nominees: 02 (All Technology & R&D functions inclusive)
- Corporate Sector ‘Entities’ nominee: 01
- Manufacturing Organisations’ Nominee: 01
- Supply Chain Organisations’ nominee: 01
- Traders and Business Community nominee: 01
- Contractors’ nominee: 01
- Landlords and Asset Owners nominee: 01
- Autonomous/Independent Entities nominee: 01 ( Institutes, NGOs, Trusts, Associations, Partnership, Groupings, etc)
- Labour nominee: 02 (Inclusive of Self Employed/Individual Contributors, Labour Organisations, etc)
- Farmers nominee: 02 (Farmers’ Societies/Organisations, Individual Farmers, etc)
- (Shura-3) Total delegates: 50
- (Shura-3) nominees to be Muslims should be mandatory being a Quranic injunction (Imran-3: 110)
5. (Shura-3) Delegates:
- (Shura-3) delegates (Muslims only) should be deemed as dedicated contributors in Allah’s Way and expected to accept it in the spirit of a non-monetary benefit activity.
- Honorary working for the organisation should be ideal, and encouraged, from those who do not require financial assistance.
- Payments, benefits and other authorised reimbursements for others should be the same as in case of existing (Senators).
- The normal tenure of delegates should be five years.
- Replacements should be as per Election Commission procedures.
- Participation from remote location using technology should be acceptable.
- All Pakistan citizens (Muslims only) including those holding multiple residences or nationalities may be considered for eligibility based on Election Commission procedures and criteria.
- Delegates should not enjoy any legal immunity, protocol, public and press exposure and should be expected to remain in the background without any fanfare or demonstration of their appointments.
6. (Shura-3) Chairman:
In the contemporary environment, no single specialisation is considered adequate to lead the process of legislative development on its own. Accordingly, assigning the role of the permanent chairman of (Shura-3) to one particular category should not be applicable. On the contrary, it is a collective effort of all the specialisations put together, to arrive at the desired results. The Chairmanship of the (Shura-3) should, therefore, be a revolving appointment of two months tenure for each category in alphabetical order. Any particular category not desirous of availing its turn for Chairmanship, may be allowed to forgo it, if so desired. Extension of tenure by two months (at a time: maximum three terms) of an incumbent Chairman should be permissible, if so desired by the house; based on a simple majority. In general terms, regulatory controls of Chairman (Shura-3) should be the same, as currently in practice, in respect of Chairman (Shura-2). In any case, (Shura-3) should be able to write its working procedures and authority limits of the Chairman by consensus.
7. (Shura-3) Challenges:
- The synchronisation of the governance and bringing it in line with Allah’s Way (Sunnat) should be the main task of (Shura-3). Included therein should be all laws, procedures, practices, etc; currently in practice in all spheres of life in the country as a whole.
- Maintaining unity remains the most outstanding challenge as a whole. The maintenance of sectarian norms to meet Allah’s command below, being the dream objective.
> ” And hold fast, all of you together, to the chord of Allah, and do not become disunited>>>”
(Imran-3:103)
- The adopted modus operandi must be to maintain sufficiency of the holy book (Quran). Dubious concepts, even with a tinge of conflict with the Quran, or casting any shade of doubt on any Quranic revelation, no matter how insignificant, must not form the basis of any legislative work.
- (Shura-3) must not let any religious, gender, sectarian, provincial, status, stature or parent organisation based superiority bias prevail in the house.
- (Shura-3) need to discard the promotion of any political, organisational or personal or collective agenda on any account.
8. (Shura-3) Dynamics of the Legislative Process:
There should be no bar on forwarding inputs to (Shura-3) for development of their legislative elaborations. Federal, provincial governments and all other major government functionaries as well as Civic/Civil bodies, even individuals, should all be empowered to forward their inputs, if so desired, to the (Shura-3) directly. The decision to entertain or reject the same should rest with (Shura-3) itself. Irrespective of the nature of source, all finding of (Shura-3) endorsed by its simple majority, should require an approval by (Shura-1 & 2) complying with their existing rules. Failure of approvals by (Shura-1 & 2) should require a review by (Shura-3) based on their feedback. The revised findings of (Shura-3), approved by a two third majority, should then be processed and approved by (Shura-1 & 2). The second failure in seeking the desired approval should necessitate a public mandate by way of referendum as a part of the general election. The compilation of all such cases awaiting referendum based decisions should become a standard practice.
9. (Shura-3) Functions:
(Shura-3) should not carry any executive, judicial or legislative authority of its own. It shall only act as a developmental powerhouse with respect to preparation of legislative elaborations based on Allah’s Way (Sunnat). The approval of all such work should continue to rest with the existing (Shura 1& 2) holding a mandate for the same. (Shura-3) may also be charged with a secondary role to review, monitoring and communication responsibilities; limited to the areas of their primary function only.
9.1 Primary Function:
Development of working legislative guidelines based on Allah’s Way (Sunnat)
9.2 Review Functions:
(Shura-3) should have an ongoing responsibility of directional review of the state of affairs in the country with respect to compliance with Allah’s Way as a whole. Included therein should be the assessment of the trends and developments as a whole. Observations with respect to minorities and similar issues of general nature may also be included.
9.3 Information and Communication Functions:
All the activities listed below should remain limited to the primary function related issues only.
- Information and communication channel to/from the President concerning the state of affairs with respect to the implementation of Allah’s Way (Sunnat) as a whole.
- Information and communication channel to/from Prime Minister and provincial Chief Ministers concerning administrative and executive aspects.
- Information and communication channel to/from the (Shura-1 & 2) Speakers concerning legislative aspects
- Information and communication channel to/from the Chief Justices (Supreme Court and Provincial High Courts) concerning judicial aspects
- Information and communication channel to/from chiefs of assigned security organisations (Defence Services, Police, etc)
9.4 Monitoring & Reporting Functions:
- Development of a five year implementation plan pertaining to the (Primary Function)
- Six monthly implementation monitoring/stewardship report compilation pertaining to (Primary Function)
- Distribution of the monitoring /stewardship reports to all the functionaries listed under (para 9.3) above
10. Confidentiality:
All (Shura-3) proceedings, deliberations, communications, need to be treated as classified and confidential. It is proposed that the confidentiality clause be respected by the delegates and the establishment alike.
11. (Shura-3) Press and Ethics Guidelines:
- No direct or indirect interface with any or all types of media and press
- No issuance of any kind of press releases and/or statements
- No press conference of any kind
- No public exposure
- No acceptance of gifts or courtesies from any quarter on any account
- No official or protocol visits inside or outside country
- No image building activities
- No acquisition of any monetary and/or any other kind of benefit on basis of holding (Shura-3) appointment
- Not seeking benefit of any kind in respect of family and relatives based on holding (Shura-3) appointment
- No promotion of personal, individual or group identities and/or agenda
12. (Shura-3) Delegates’ Nomination/Election:
- The processing of nominations may be handled by the Election Commission based on its own criterion of eligibility similar to that for members of (Shura-1 & Shura-2).
- For each category, minimum number of nominations filed with the Election Commission must be twice the allocation with no upper ceiling: (Example: Women: 4×2=08: Uluma: 12×2= 24)
- The minimum number of nominations finalised by the election commission based on its own eligibility criterion must also be at least twice the allocation for each category.
- The compilation thereof to be forwarded to the (Shura-1) for conducting the election and finalising the list of the (Shura-3) delegates.
- The list of elected delegates may be sent to the Election Commission for processing and issuance of necessary notifications. The introduction of (Shura-3) concept and election from amongst the nominations forwarded by the Election Commission should require a mandate by (Shura-1 & 2) to bring it in line with Allah’s Way outlined in (Imran-3: 159 & Shura-42: 38)
13. (Shura-3) Establishment Functions:
Striving in Allah’s Way should be the objective and the target for any or all the entities within (Shura-3). In this regard, there should be no difference in motivation between delegates and the establishment. Supporting the (Shura-3) under its Chairman should be the principal task of the Establishment. The character of the support may be tentatively subdivided into the undermentioned categories:
- (Shura-3) functional support
- Administrative & HR functions
- Finance and budgetary functions
- Secretarial and technology services functions
The functional support needs further elaboration while other three categories identified above carry their own well defined meanings and are self explanatory.
The (Shura-3) functional support shall require a high level of experience and expertise in all government related affairs such as legislative, executive, judicial, parliamentary and administrative affairs. A research orientation to seek and get all the desired information from any or all sources should form a cornerstone. As always, the integration and compilation of the available information in the best possible format carriesd its own importance. The ability to convert (Shura-3) findings into working documents in a format required by the other government functionaries should be a necessity of the highest order.
Handling (Information & Communication) constitutes a challenge for the (Shura-3) establishment. The activity involves data collection, analysis, processing and producing necessary action steps for submission to the Chairman for onward deliberation by the House.
Providing information service to all the governance pillars requires exceptional all round capabilities.
Entire establishment at all levels must carry the ability to fully utilise the state of art technology support provided by the technology services function.
14. (Shura-3) Establishment Personnel Prerequisites:
All appointees of the secretariat should be highly qualified, carrying proven and demonstrated state of art capabilities in respect of their specialisations, holding PhD or Masters (minimum) or equivalent qualifications should be mandatory.
- All (Shura-3) establishment personnel must carry proven capabilities to take advantage of the state of art technology backup to be made available by the technology services.
- The (Shura-3) Secretariat appointees should be accommodated between existing Grades (19-22) as indicated in the attached organisation structure.
- (Shura-3) HR function should be responsible for preparing all necessary details concerning job descriptions, performance measurement quantification and reporting indicators for each position on the organisation structure. A builtin merit based compensation and progression criterion must hold for the entire (Shura-3) establishment.
- All positions should remain available for delegated services by existing officers in federal, provincial and public sectors along with permissible direct recruitment if and when required.
15. (Shura-3) Proposed Organisational Structure:
At the outset, it is acknowledged that state and governance functionaries have their own standardised establishment and administration procedures. It may be construed meaningless to propose any separate guidelines specifically for the (Shura-3). However, since making a proposal is suggestive only and not likely to cause any harm, the same has been included. (Shura-3) Secretariat establishment based on (26 Nos, all Muslims) forms the basis for the proposed organisational structure.
Alhamdulillah