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Islam, Secularism and Constitutions

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State, Nationalism, and Islamization

Part of the book series: Palgrave Studies in Religion, Politics, and Policy ((PSRPP))

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Abstract

This chapter analyzes Islamic provisions in the constitutions, the first indicator of Islam’s role in state nationalism. The study of the four Turkish Constitutions (1921, 1924, 1961, and 1982) shows that, initially, Islam had significant influence but, since 1937, secularism has become a defining principle. Inspection of articles related to secularism, religious freedom, religious education and the Diyanet demonstrate that Islam’s role in Turkish constitutions has marginally increased since the 1950s. Analysis of the Islamic provisions in Pakistan’s three Constitutions (1956, 1962, and 1973) and their amendments reveal how Islam’s role has evolved. In the first two constitutions, Islam was important but the 1973 constitution and its amendments made Islam predominant. In the twenty-first century, Islam’s role in the constitution has decreased.

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Notes

  1. 1.

    The ulema were mobilizing Muslims for both Ataturk and the Ottoman Sultan. The Sultan’s ulema, including Sheikh-ul-Islam Durrizade Efendi, issued fatwas against Ataturk and his followers, sanctioning their killing.

  2. 2.

    For example, there were no provisions related to the judicial branch of the government and no separate section on fundamental rights. There was also no mention of the Ottoman Sultan/Caliph, who was still regarded as the head of state of the new entity. However, despite its deficiencies, it was prepared in a democratic way. According to some experts, the framers of this constitution were more representative of the Turkish population than the framers of earlier Ottoman or later (three) Turkish constitutions (Eyes 2005).

  3. 3.

    The ministry was replaced by a department in the Prime Minister’s office (Diyanet) and a foundation. These changes will be discussed in detail in Chapter 6.

  4. 4.

    Two theories championed by Ataturk himself were the Sun language theory and the Turkish historical thesis. The Sun language theory broadly claimed that a proto-Turkish language was the basis of all languages and the Turkish historical thesis argued that Central Asia (the ancient homeland of the Turks) was the cradle of all major civilizations. The scientific evidence supporting these theories was weak.

  5. 5.

    However, it should be clear that the official Ottoman language was Turkish. It had many Arabic and Persian words, and was written in Arabic script but it was Turkish. Not surprisingly, most Turks did not understand the Quran even in the Ottoman times.

  6. 6.

    These six principles are known as six arrows of Kemalism and are depicted on of the CHP flag.

  7. 7.

    Islam’s role was not completely eliminated in the Turkish state nationalism, as non-Muslims were still considered second-class Turkish citizens.

  8. 8.

    The DP was formed by a group of former CHP leaders. It was a center-right party, not an Islamist party. While the DP favoured removing some restrictions on religious practice, its leaders Celal Bayar (a confidant of Ataturk who served under him in numerous positions, including as Prime Minister) and Adnan Menderes (a former member of the CHP) did not change the secular nature of Turkey’s institutions. The difference between Menderes and the CHP leadership was that he was not anti-religion. Menderes “did not detest or fear religious practice, as many Kemalists did” (Kinzer 2008, 61).

  9. 9.

    The Diyanet and religious education expansion will be discussed in detail in Chapters 6 and 7, respectively.

  10. 10.

    Including hanging Menderes and two of his ministers.

  11. 11.

    The party promoted itself as a “champion of Islam” and, as with the DP, had the support of religious orders (Eligur 2010, 59).

  12. 12.

    From 1961 to 1965, four different governments ruled Turkey.

  13. 13.

    Since the Turkish military was the most powerful supporter of secularism, the change in its views removed the major obstacle to Islam’s contribution to Turkish state nationalism.

  14. 14.

    Though it failed to maintain its majority in the parliament in the June 2015 elections, it was still the largest party. It reclaimed its majority in November 2015 by increasing its vote share.

  15. 15.

    Founding father. He was Governor General from 1947 to 1948.

  16. 16.

    Liaqat Ali Khan was Prime Minister from 1947 to 1951.

  17. 17.

    Khawaja Nazimuddin was Governor General from 1948 to 1951 before serving as Prime Minister from 1951 to 1954.

  18. 18.

    There was no mention of Islam in other sections of the Constitution, except in the clauses mentioned above (Name, Objectives Resolution and Directive Principles of State Policy).

  19. 19.

    It ended the “One Unit” experiment. One Unit was created in 1954 by merging all the provinces and territories of West Pakistan to balance the numerical superiority of Bengalis/East Pakistanis. After uniting West Pakistan under One Unit, parity between East and West Pakistan became a constitutional principle. Under the parity principle, in the constitutions of both 1956 and 1962, East and West Pakistan (One Unit) had equal members in the central legislature. The political leadership of all provinces in West Pakistan—except the largest province Punjab, which benefited from this arrangement—protested against One Unit throughout the late 1950s and 1960s.

  20. 20.

    For example, the constituent assembly would stand dissolved, if it could not agree on a constitution in 120 days.

  21. 21.

    In the 1962 Constitution, this clause was present but was part of the principles of state policy and thus not binding.

  22. 22.

    Though no other amendments related to Islam were made under Bhutto (1972–77), he did make Islam a more influential part of Pakistan’s governing system by extensively using Islamic rhetoric and symbolism, and by having very close relations with Muslim countries. He also made some legal changes, which will be discussed later.

  23. 23.

    Zia’s penchant for using Islam was evident even before he became Pakistan’s leader. After becoming Army chief, he changed the Army’s motto to “Iman, Taqwa, Jihad-e-fi-Sabilillah” (Faith, fear of Allah, struggle/jihad for Allah), based on the Quranic precepts. He also discouraged alcohol, encouraged prayers, and openly used Islamic rhetoric.

  24. 24.

    Shoora means “mutual consultation”, it is considered an Islamic principle and is often cited as an evidence of support of democracy in the Quran. The Quran (42:38) describes the qualities of good Muslims in a verse as follows:

    And those who have responded to their Lord and established prayer and whose affair is [determined by] consultation among themselves, and from what We have provided them, they spend.

    The Quran (3:159) also advised Prophet Muhammad to consult with other Muslims:

    So by mercy from Allah, [O Muhammad], you were lenient with them. And if you had been rude [in speech] and harsh in heart, they would have disbanded from about you. So pardon them and ask forgiveness for them and consult them in the matter. And when you have decided, then rely upon Allah. Indeed, Allah loves those who rely [upon Him].

    By naming Parliament as the Majlis-e-Shoora (meaning mutual consultation council), Zia tried to link Parliament with Islam.

  25. 25.

    In 2002, the religious right won their largest share in votes cast in national elections in the history of Pakistan.

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Authors and Affiliations

  1. Forman Christian College, Lahore, Pakistan

    Raja M. Ali Saleem

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  1. Raja M. Ali Saleem
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Saleem, R.M.A. (2017). Islam, Secularism and Constitutions. In: State, Nationalism, and Islamization. Palgrave Studies in Religion, Politics, and Policy. Palgrave Macmillan, Cham. https://doi.org/10.1007/978-3-319-54006-1_2

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