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Affidavit Regarding Faith Must To Join Govt Services, Get Identity Documents: Islamabad High Court
Fakhir Rizvi Published March 09, 2018 | 10:47 PM
The Islamabad High Court (IHC) Friday made it compulsory for all citizens to submit an affidavit regarding faith based on the definition of Muslims and non-Muslims as per the Constitution while joining civil service, armed forces, judiciary or getting legal status.
ISLAMABAD, (UrduPoint / Pakistan Point News - 09th Mar, 2018 ) :The Islamabad High Court (IHC) Friday made it compulsory for all citizens to submit an affidavit regarding faith based on the definition of Muslims and non-Muslims as per the Constitution while joining civil service, armed forces, judiciary or getting legal status.
The affidavit regarding the faith would also have to be submitted by the citizens for getting computerized national identity cards (CNICs), passports, birth certificates and entry in voter lists, Justice Shaukat Aziz Siddiqui of the IHC said while announcing the reserved judgment in the case pertaining to controversy regarding Finality of Prophethood (PBUH) oath under the Elections Act 2017.
Justice Siddiqui observed that a minority group (Ahmedis/Qadianis) did not hold distinct identification due to their Names and general attire as they could easily mask their beliefs and become part of the Muslim majority.
"It is significant to prevent this situation because the appointment of non-Muslims on constitutional posts is against our organic law and rituals. For most of the institutions, including the membership of the parliament there are reserved seats for the minorities, that is why when any member of the minority group conceals his/her religion is actually an open refinance with the Constitution and to prevent this state have to take measures immediately," he added.
The verdict said for teaching Islamiyat / Deniyat or Islamic studies engagement of Muslim teachers by all public or private institutes would be mandatory. It added that the Constitution provided rights to the minorities and it was duty of the state to protect them.
"The Constitution provides complete religious freedom, however, it is duty of the citizens to be faithful to the state." "It is mandatory for every citizen to get their identity with authentic particulars, no Muslim is permissible to disguise his/her identity as non-Muslim and no non-Muslim has right to appear as Muslim, any person who does so betrays the state resulting in exploiting the Constitution", the order maintained.
The court ordered National Database and Registration Authority (NADRA) to set a deadline by which citizens could 'correct' the religion specified in their identification documents. While appreciating the role of the parliament, Justice Siddiqui said,"Soon after emergence of legal default in the Election Act 2017 the parliament by collective wisdom, unity and understanding displayed its complete sensitively towards the matter and brought it in conformity with requirements." The court highly appreciated Pakistan Muslim League-Nawaz (PML-N) Chairman Senator Raja Zafar ul Haq to make a very commendable report investigating changes in the Finality of Prophethood (PBUH) oath, with honesty, and wisdom as he handled all the points very comprehensively, which annulled all the negative impressions.
The report, besides Zafar ul Haq, included the names of Interior Minister Ahsan Iqbal and Climate Change Minister Mushahidullah Khan. The IHC also ordered the parliament to "take steps" for the "protection of the belief in the Finality of the Prophethood.
"Khatm-e-Nabuwwat oath is the foundation of our religion and it is the duty of every Muslim to protect this core belief," the order read. The court thanked Deputy Attorney General (DAG) Arshad Mahmoud Kayani, legal experts and the amicus curiae namely Professor Dr Hafiz Hassan Madni, Institute of Islamic Studies, University of the Punjab Lahore, Dr Mohsin Naqvi, Ex-Member, Council of Islamic Ideology, Professor Dr.
Sahibzada Sajid ur Rehman, Member, Council Islamic Ideology and Mufti Muhammad Hussain Khalil Khel, Aslam Khaki religious scholar, Dr Babar Awan, Akram Sheikh and Mualana Allah Wasaya, for rendering assistance to the court on the matter with full devotion. The detailed verdict will be released later.
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