Document #1281351
IRB – Immigration and Refugee Board of Canada (Author)
Following the 1977 military coup, Pakistan
underwent a process of Islamization, which reportedly resulted in
discriminatory treatment of minorities and included a campaign
against women's emancipation. [ Religion and Asian Politics: A
National Dialogue - Pakistan, (Hong Kong: Christian Conference
of Asia - International Affairs, 1987), pp. 27-28. ] The law of
evidence, among other Muslim laws incorporated into national
legislation, considers a woman's evidence to be worth half of a
man's testimony. [ Ibid, p. 28.] Non-Muslims are forbidden
to convert Muslims to another religion, a crime punishable by law.
[Pakistan: Struggle for Human Rights, (Hong Kong/Singapore:
Christian Conference of Asia - International Affairs, 1986), p.
105.] For Muslims themselves, conversion is reportedly dangerous
and may be punished under section 295A of the Pakistan Penal Code
which imposes up to two years imprisonment for outraging the
religious feelings of any class of citizen. [Rights of Religious
and Other Minorities (Pakistan), (Geneva: International
Commission of Jurists, 1987), p. 9.] This reportedly inhibits, but
does not fully prevent, conversions to minority religions from
taking place. However, a bill proposing conversion from Islam to
another religion be considered a capital offence, was presented to
Parliament for consideration in 1987. [Ibid.] Reports on its
final approval or rejection could not be found among the sources
presently available to the IRBDC.
Non-Muslims are subject to Islamic law and,
as indicated in the Constitution, Islamic injunctions are
considered supreme law. [ Ibid, p. 10.] Article 227 of the
Pakistani Constitution states:
"All existing laws shall be brought in
conformity with the injunctions of Islam as laid down in the Holy
Quran and Sunnah, in this Part referred to as the Injunctions of
Islam, and no law shall be enacted which is repugnant to such
Injunctions.
In the application of this clause to the
personal law of any Muslim sect, the expression "Quran and Sunnah"
shall mean the Quran and Sunnah as interpreted by that sect." [
From the Pakistan Constitution as published in Constitutions of
the Countries of the World, (New York: Oceana Publications,
Inc., 1979).]
This article of the Constitution indicates
that Islamic law is applied by each sect according to their
particular interpretation of the Quran and Sunnah. Further
interpretation of the legality or punishment for conversion and
inter-religious marriage, apart from what is stated above, is
beyond the mandate of the IRBDC.
Articles 19 and 20 of the Pakistan
Constitution, as published in Constitutions of the Countries of
the World, indicate citizens' rights regarding freedom of
speech, press and religion are restricted by law and enacted to
perpetuate the glory of Islam or the defence of decency and
morality. Please find attached a copy of articles from the
abovementioned publication. Also attached is a copy of Keesing's
Record of World Events, (London, Longman Publishing Group),
October 1988, p. 3628, which reports the introduction of the
Shariah or the Islamic Penal Code. Unfortunately, no further
details or more recent reports on this legislation could be found
among the sources available at present to the IRBDC.