Pakistani party sets up think tank on land reforms

[Nahraf]

Pakistani party sets up think tank on land reforms

Pakistani party sets up think tank on land reforms
Wednesday, 08 September 2010 04:39

LAHORE: Pakistani political party Muttahida Qaumi Movement (MQM) has formed a think tank to complete working on a comprehensive land reforms bill. “Our technocrats and think tank are working to suggest ways and means to effectively tackle the issue of land reforms,” party’s central leader Haider Rizvi said yesterday.

The MQM had tabled and got unanimously passed a resolution in the National Assembly session on Friday, calling for urgent “legal and constitutional measures to eradicate feudalism and corruption” and introducing “genuine land reforms” in the larger interest of Pakistani people and furtherance of democracy, fair play and justice.

Calling the unanimous adoption of the resolution a moral success of the party, Rizvi said the think tank had been tentatively given three months to complete its working and submit its report to the MQM Coordination Committee, which would then vet the suggestion and shape it into a draft law for presenting it in the parliament.

He, however, regretted that the media did not give as much importance to MQM’s resolution as was given to the pro-democracy resolution moved by Nawaz Sharif’s Pakistan Muslim League-N in the same session of the National Assembly.

 

[somebozo]

Fedualism is real root to our problems and we cannot achieve true balance of power without that. This stone age system is slowly spreading into heads of every tom, dick and harry. Nepotism, favouritism, bribery, ethinic bigotry and riots are all byproducts of fedual influences. The people of Pakistan actually do not vote nawaz, BB or Ghaddari into power but the landlords, waderas, sardars and chaudry's do by directly controling the voting rights of their subject.

 

[Sinnerman108]

This is a good step;
let me try to talk to them; we have worked on this system in the past
and we can turbo up this process really very well.

 

[sparklingway]

Populist rhetoric disregarding all legal problems that haeve risen from declaration of land reforms in the form of ceiling on land holdings and limitations on land usage as un-Islamic and therefore unconstitutional in Qazalbash Waqf case. Repeat, merely populist rhetoric that disregards the legal problems altogether.

Briefly

The Qazalbash Waqf case (Qazalbash Waqf v Chief Land Commissioner, Punjab and others PLD 1990 SC 99) is the famous landmark case in which the Shariat Appellate Bench of the Supreme Court of Pakistan, while exercising its jurisdiction under Article 203-F contained in Chapter 3-A of the Constitution of Pakistan, declared the land reform legislations enacted during the government of the first democratically elected Prime Minister of Pakistan, Zulfikar Ali Bhutto, as repugnant to the Injunctions of Islam, and therefore, null and void. In his well argued opinion, the lead author of the judgment, Mufti Muhammad Taqi Usmani, laid down in great details the provisions of Islam with regards to individual property rights, the role and powers of a welfare state in Islam, and the Islamic economic system in general, and after a thorough comparison of these provisions with the provisions and objectives of the land reform laws, declared these laws as repugnant to the Injunctions of Islam. The decision has proven to be of great socio-political importance because it has served as a judicial precedent against the validity of a whole range of laws which had not only formed the mainstay of leftist-populist politics in Pakistan but had also posed a major potential threat to the social and political power of the feudal landed aristocracy in the country. Over the period of time since the judgment was passed, the popular rhetoric of land reform has slowly died down, while the party which had been the foremost advocate of the reform during the late 60s and throughout the 1970s, seems to have chosen a different path, may be after assessing the difficulties involved in re-enacting the old land reform laws (although, admittedly, this might not be the only inhibiting factor). The Constitutional framework in place in the Islamic Republic of Pakistan prohibits the enactment of any laws which are repugnant to the Injunctions of Islam, and grants the Federal Shariat Court, under Chapter 3-A of the Constitution, the authority to conduct judicial review of any law enacted by the Parliament on the touchstone of consistency with the Injunctions of Islam.

Fedualism is real root to our problems and we cannot achieve true balance of power without that. This stone age system is slowly spreading into heads of every tom, dick and harry. Nepotism, favouritism, bribery, ethinic bigotry and riots are all byproducts of fedual influences. The people of Pakistan actually do not vote nawaz, BB or Ghaddari into power but the landlords, waderas, sardars and chaudry's do by directly controling the voting rights of their subject.

This is usual urban illiterate argument disregarding changes in social contract of what defines feudalism itself. Also, it is based on illiteracy, or rather disregard of the legal problems due to both disrespect of the rule of law and that the concerned decision repugnant to populist urban rhetoric has grounds in none other than Islamic law itself.

Please read these since I don't have time to write on the issue.

Recycled Thought: Town Mouse and Country Mouse

Recycled Thought: Town Mouse is no longer Country Mouse

Recycled Thought: On Lineage and Politics

and recently

Daily Times - Leading News Resource of Pakistan

These cover the basics of the arguments only. I'm not supporting feudalism in any way, bur rather stating that urbanization, accompanied with a host of other factors has evolved feudalism and the urban upper middle class arguments on this issue are far from reality.

 

[Nahraf]

Populist rhetoric disregarding all legal problems that have risen from declaration of land reforms in the form of ceiling on land holdings and limitations on land usage as Un-Islamic and therefore unconstitutional in Qazalbash Waqf case. Repat, merely populist rhetoric that disregards the legal problems altogether.

Pakistan is an Islamic Republic where many laws are based on Islam and not a theocratic state where each law is based on Islam. We need land reformation to end feudalism in Pakistan.

 

[sparklingway]

Pakistan is an Islamic Republic where many laws are based on Islam and not a theocratic state where each law is based on Islam. We need land reformation to end feudalism in Pakistan.

You can argue that with the Federal Shariat Court and the apex court's binding judgments. There are options available, but mostly in the form of limiting the FSC's role. As distasteful and disgusting the nature of that judgment was, it is one of the best argued and articulated apex court judgments of our history (although it was a bilingual one) and frankly, a very, very interesting read.

Shariat Appellate Bench hears appeals from Federal Shariat Court. FSC had declared them un-Islamic and State (through Land Commissioner) appealed in the SAB.

SAB has 2 judges from FSC and 3 judges from SC. Decision was 3-2 with the two FSC judges (Taqi Usmani and Pir Karam Shah) and one SC judge (Afzal Zullah) concurring with the other two SC judges (Nasim Hasan Shah and Shafi ur Rehman) writing dissenting notes. It's only representative of how ordinary educated Pakistanis thought of (and still think of land reforms) that two of the three classically trained judges (classically as in not ulama judges but trained in common law), wrote dissenting notes and used Islamic concept of socio-economic equality to support land reforms. (PS: Afzal Zullah was a very religious man who lead the vocal assault on the first BB govt. to implement the Qisas and Diyat Laws that have paralyzed the criminal justice system - but that's another debate. However, he succeeded in his goal in exchange for granting GIK the positive judgment in the 58-2(b) use against BB govt case. Tit for tat it was.).

Taqi Usmani's rigorous and well argued decision basis itself on Islam's inherent capitalistic economics that although urges individuals to give charity and fight for socio-economic equity but does not impose any ceiling on land holding or wealth for that matter. The other thing i.e. fixing usage oif land in the form of tenancy agreements was also declared un-Islamic.

Nasim Hasan Shah and Shafi ur Rehma, JJ used soci-economic principles laid down in Islam to justify their dissenting note, however it was a rather basic dissenting note only.

Taqi Usmani's argument also lays down possible situations in which land reform can be implemented, the main one being the "ushuri" case. The ushuri argument, that is land acquired through illegal means, is a hard one to establish for implementing land reforms on a wide scale today. Certainly it is impossible to state that all feudals got their land grants illegally since we'll get stuck into an argument marred by a lot of complexities (I'd like to see the argument being used on military grants around land reclamation projects like Taunsa, Sukkur, etc though).

I'm always amazed by the fact that the urban middle class narrative vilifies and demonizes feudalism (not necessarily wrong) as the only hindrance in national progress while conveniently ignoring how land reforms were legislated - albeit implemented with a visible lack of enthusiasm - and struck done by an "Islamic" court (the SAB). I guess it is always difficult for people to reconcile the fact that their cherished religious values that they hold on to and and divine laws - absolutely just - are a problem in implementing land reforms. With increasing religiosity part of urbanization, and in our case rising religiosity tied tightly with urban middle class, it becomes laughable that the demon of "feudalism" that should be tackled through the populist argument of "land reforms" is not being tackled because of "Islamic laws" which are the slogan of a large percentage of disillusioned, apoliticized middle class people today. While knowledge about legislation has never been a strong point about our supposedly "educated" class, it is quite amazing that a very very large percentage of people do not even know about the qazalbash waqf case. Certainly I did not until a couple of years ago. In any wise and rational argument about land reforms, I would expect this case to be discussed.

As I said perhaps this is because it is tied to the Islamic argument and therefore nobody discusses it, but maybe because as a society legislation and law has never been a slogan and it's always man on the horse-back, one-man-fix-it-all hero worship that catches the eye of not only the masses but the supposedly educated elite as well. In such hero worship, people don't give any regard to law and legal problems to what they perceive as major goals, but are fixated with how the man on the horse back will fix it with his actions, and even use force to implement his great reforms (also visible in how a large percentage of the liberal elite still is stuck with top down Jinnah-esque secularism while ignoring the ground realities, regardless of the mistranslation of and misunderstanding about the word secularism itself). But that is drifting off-topic.

Point being, judgment is very well argued, and has proper and well established roots in Islamic law, especially within the Hanafi school of thought. If you want to engage with the Islamic legal point of view on the issue of land reforms, then I would term the English opinions as inadequate for the purpose. To understand the reasons why they struck down the land reforms legislation, you'll have to read Maulana Taqi's Urdu opinion.

If anybody needs a copy of the judgment, PM me.

 

[PAFAce]

They're just setting up a "Think Tank" on an important issue, sparklingway, let's cut them some slack. Though, obviously, the "Think Tank" will do whatever the political leadership tells them to, which could and would change depending on how the MQM chooses to align itself in the future - thus defeating the purpose of said "Think Tank" - but that's just par for the course in Pakistani politics.

I'd like this, though. How about the MQM set up a Think Tank to review its fear-based, criminally funded, gangster-style politics? Or at least have a group of semi-intelligent living organisms give Altaf Hussain a little pep talk before each speech. The guy seems to pick his rants out of 1980s Indian movies. I wouldn't be surprised if he thinks himself the "Angry Young Man" of Pakistani politics.

He, however, regretted that the media did not give as much importance to MQM’s resolution as was given to the pro-democracy resolution moved by Nawaz Sharif’s Pakistan Muslim League-N in the same session of the National Assembly.

Maybe because the media is much too aware of MQM's tactics. The objective of this move seems to be to stir up popular support in Karachi and other urban centers in Pakistan. The MQM wants to seem as if they are carrying the flag for all Pakistanis who don't own large portions of rural land.

 

[Nahraf]

Why does feudalism still flourishes in Pakistan ? The inheritance of land will result in small land holdings in few generations. Why do they still own thousands of acres of land each ? Are they not distributing equally among their sons ?

 

[Nahraf]

How about the MQM set up a Think Tank to review its fear-based, criminally funded, gangster-style politics?

I think ANP or PPP should take up this idea and create new think tank.

 

[sparklingway]

They're just setting up a "Think Tank" on an important issue, sparklingway, let's cut them some slack. Though, obviously, the "Think Tank" will do whatever the political leadership tells them to, which could and would change depending on how the MQM chooses to align itself in the future - thus defeating the purpose of said "Think Tank" - but that's just par for the course in Pakistani politics.

There's significant legal work on the issue from independent and PPP-aligned lawyers on the issue (most of which was written just after the judgment and since 1995 the intellectual debate on legal aspects has died down). Perhaps, they'd like to consult their legal aides on the issue. I'd support their move if they propose abolishing the FSC altogether, one of the most viable options available to remove the legal hindrances in imposing land holding ceilings.

Populist rhetoric is something I abhor.

I'd like this, though. How about the MQM set up a Think Tank to review its fear-based, criminally funded, gangster-style politics? Or at least have a group of semi-intelligent living organisms give Altaf Hussain a little pep talk before each speech. The guy seems to pick his rants out of 1980s Indian movies. I wouldn't be surprised if he thinks himself the "Angry Young Man" of Pakistani politics.

Hehe.

Maybe because the media is much too aware of MQM's tactics

When was the last time you talked to a journalist with integrity? MQM has as good a PR team and as much control over mainstream media as the army does.

Did anybody of you hear about or see a video of a Pathan being slaughtered (throat slit) in Karachi? Caught on video, this event was pure ethnic killing (occurred in Orangi Town). Murderers were chanting MQM slogans and flags were visible (I have seen the video). Friend at a leading English newspaper says, news desk refused to carry story terming it politically dangerous. And I'm just stating one recent example.

 

[Areesh]

Well if this "think tank" is formed by MQM than it looks like it would more rely on tank than think. Anyways let's see what happens. I consider it as another fail and pathetic attempt to create the so called revolution against feudal and corrupt politicians. No chance of it's success because MQM itself enjoys a feudal mindset.

I'd like this, though. How about the MQM set up a Think Tank to review its fear-based, criminally funded, gangster-style politics? Or at least have a group of semi-intelligent living organisms give Altaf Hussain a little pep talk before each speech. The guy seems to pick his rants out of 1980s Indian movies. I wouldn't be surprised if he thinks himself the "Angry Young Man" of Pakistani politics.

Exactly.

 

[somebozo]

The first thing we need to do is throw away this so called rubber stamp sharia court along with its so called sharia. Half knowledge in the hands of self appointed moralists is a dangerous combition for nation future.

 

[happy-man]

Hmmm the million dollar question is.

if MQM hates feudals so much why it forms a coalition with them after every elections ?

 

[Spring Onion]

Hmmm the million dollar question is.

if MQM hates feudals so much why it forms a coalition with them after every elections ?

as MQM is a bunch of landless people who have occupied Karachi hence MQM is trying to portray itself as torch bearer of justice and as PAFace said MQM is trying to present itself as rep of entire Pakistan which BTW They are NOT.


There is NO difference between MQM and Feudal parties.

Land reforms is a serious issue and should be taken for consideration by the law not by such thugs who are not trust worthy

 

[Spring Onion]

There's significant legal work on the issue from independent and PPP-aligned lawyers on the issue (most of which was written just after the judgment and since 1995 the intellectual debate on legal aspects has died down). Perhaps, they'd like to consult their legal aides on the issue. I'd support their move if they propose abolishing the FSC altogether, one of the most viable options available to remove the legal hindrances in imposing land holding ceilings.

Populist rhetoric is something I abhor.



Hehe.


When was the last time you talked to a journalist with integrity? MQM has as good a PR team and as much control over mainstream media as the army does.

Did anybody of you hear about or see a video of a Pathan being slaughtered (throat slit) in Karachi? Caught on video, this event was pure ethnic killing (occurred in Orangi Town). Murderers were chanting MQM slogans and flags were visible (I have seen the video). Friend at a leading English newspaper says, news desk refused to carry story terming it politically dangerous. And I'm just stating one recent example.

Media in Karachi NOT a Single media org can utter one word against MQM.


We have a living example a respected member here on this forum who's brother-in-law was cut in many pieces by activists of MQM and the body pieces were put in sack on road for many days but no one dared to pick it due to MQM fear.