AZIZ-UD-DIN, SECRETARY (PROPAGANDA), PAKISTAN INQUILABI LABOUR PARTY
This petition for leave to appeal challenged a Sindh High Court judgment that dismissed a constitutional petition seeking declarations that women are ineligible to serve as Prime Minister, Ministers, or members of legislative assemblies under the Constitution and the Qur'an and Sunnah. The petitioner contended that the term "Muslim" in the Constitution should be interpreted exclusively as "male Muslim," thereby barring women from such offices. The Supreme Court rejected this argument, noting that Article 260(3)(a) of the Constitution of Pakistan 1973 defines a "Muslim" as a "person" who believes in the unity of Allah and the finality of the Prophethood of Muhammad (peace be upon him), without gender restriction. Furthermore, the Court relied on Article 263 of the Constitution, which mandates that words importing the masculine gender shall be taken to include females. Consequently, the Court affirmed the High Court's decision, holding that there is no constitutional basis to exclude women from holding public office based on gender. The petition was dismissed.
- Does the term 'Muslim' in the Constitution of Pakistan 1973 imply only a male Muslim?
- Are women constitutionally disqualified from serving as Prime Minister or members of legislative assemblies in Pakistan?
- Do words importing the masculine gender in the Constitution of Pakistan 1973 include females?
- Article 2A, Constitution of Pakistan 1973
- Article 260(3)(a), Constitution of Pakistan 1973
- Article 263, Constitution of Pakistan 1973
ORDER
1. ' ABDUL KADIR SHAIKH, J---This is a petition for leave to appeal from the judgment of Sindh High Court dated 25th April, 1989 dismissing the Constitution petition filed by the petitioner by which he prayed for the grant of the following declarations: "(a) That a woman cannot be head of State, Wazir or Member of the Assemblies of a Provincial or National Assembly as the same is against the spirit of the Constitution and the Qur'an and Sunnah, the word member of Assembly does not include a woman, and is meant for a man only.
(b) That respondent No.3 is incompetent to work as Prime Minister.
(c) That order of respondent No.2 dated 1-12-1988 be declared illegal, unlawful, void ab initio and without lawful authority.
(d) Grant permanent injunction restraining the respondents Nos.1 and 2 from nominating, appointing, allowing, women as Prime Minister, Minister, Advisor and Members of both the Assemblies."
(i) At the hearing learned counsel appearing in support of the petitioner contended before the High Court as under:-- ' That a Muslim can be a Prime Minister and that the word 'Muslim' is to be construed as a male Muslim and not a female.
(ii) That even otherwise under Qur'an and Sunnah no woman can legally be nominated as Prime Minister of Islamic Republic of Pakistan and, therefore, by virtue of Article 2A, respondent No.3 could not have been nominated as Prime Minister."
2. ' The learned Judges of the Division Bench took the view that they were unable to subscrible to the submissions made that a Muslim means a male Muslim, and not a female Muslim, as no such distinction was made in the Constitution, therefore, the contentions raised were devoid of any force.
3. ' Mr. Sibghatullah Hamid, learned counsel appearing in support of this petition submitted that Pakistan is an Islamic State and a `Muslim' means a "male Muslim' and not a 'Female Muslim'.
4. ' This submission is in direct conflict with the provisions of the Constitution itself in clause (3) (a) of Article 260, which declares that: "In the Constitution and all enactments and other legal instruments, unless there is anything repugnant in the subject or context:- ' Muslim' means a person who believes in the unity and oneness of Almighty Allah, in the absolute and unqualified finality of the Prophethood of Muhammad (peace be upon him), the last of the prophets, and does not believe in, or recognise as a prophet or religious reformer, any person who claimed or claims to be a prophet, in any sense of the word or of any description whatsoever, after Muhammad (peace be upon him)."
5. It is thus clear that the Constitution itself envisages that "Muslim" means a "person", and the term "Muslim" is not restricted to mean only a male, and not a female. Learned counsel appearing in support of the petitioner was unable to point out anything repugnant in the subject or context of the provisions relating to the appointment of the Prime Minister, Wazir or members of the National Assembly or Provincial Assemblies to exclude a female from the meaning of a "person", and indeed, on the other hand, the Constitution under Article 263 declared "words importing the masculine gender shall be taken to include females".
6. ' We, therefore, while whole heartedly agreeing with the view that has prevailed with the High Court, dismiss the petition.