Law: Political Parties Order (20 of 2002)

Section: 3,4,5,6

(a) Political Parties Order (XVIII of 2002)--- ----Arts. 3, 4 & 5 & Preamble---Constitution of Pakistan, Arts. 17(2), 51, 63-A, 175, 203-D & 224---Shariat petition---Political parties---Multi-party system adopted in Pakistan---Repugnancy to injunctions of Islam---Practices of raising objections on the working of a government in a society in a civil and democratic way is a part of a consultative process, which cannot be done in the absence of persons of different political thoughts and groups or political parties and same is the purpose of the impugned law i.e. the Political Parties Order, 2002---To have a constructive, healthy consultative process i.e. Shurah can only be promoted through the political parties of a polity, and that is the main purpose of the impugned law according to its Preamble---Articles 3, 4 & 5 of the Political Parties Order, 2002 were not against the inunctions of Islam. According to the injunctions of Islam, Muslims are required to decide governance issues, including formation of a government, and policy matters at every level through consultation. It is the fundamental requirement of any consultation that all or any point of view must be brought to light through a consultative process in order to reach at a just and right conclusion. This equitable and democratic way of making decisions at any level, including at the collective national level, is required by the Holy Quran. Hence, in the light of such direction of Allah it was the practice of the Holy Prophet (SAW) that usually he heard and sought different opinions from different persons or different groups of persons before arriving at a final decision concerning the administrative affairs of the government. [pp. 4, 5] A & B Holy Quran, like Verse 103 of Surah Al-Imran; Verse 159 of Surah Al-An'am; Verse 46 of Surah Al-Anfal; Verse 59 of Surah Nisa; Verse 107 of Surah Taubah; Verse 19 of Surah Al-Imran; Verse 85 of Surah Bakarah; Verse 3 of Surah Al-Maidah; Verse 85 of Surah Al-Imran and Verse 208 of Surah Bakarah distinguished. Holy Quran says in Verse 38 of Surah Ash-Shurah and Verse 59 of Surah Nisa ref. The purpose of having different political parties in a…

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