PESHAWAR, July 24: After describing the passage of Shariat Act as a historic step that would bring a revolution in the lives of the NWFP people, the Muttahida Majlis-i-Amal government has itself violated the law by failing to meet its provisions.

The North-West Frontier Province Shari Bill, 2003, passed by the NWFP Assembly on June 2 became a law when the NWFP governor assented to it on June 12. Subsequently, the provincial assembly secretariat issued a notification by making it part of the NWFP gazette on June 19.

Section 7 (2) of the NWFP Shari Act clearly makes it mandatory upon the NWFP government to constitute a commission on education “within one month” of the commencement of the law to review the education policy and submit its recommendations on Islamizing education.

The provincial government is obliged to ‘take necessary steps to ensure that the educational system is based on Islamic values of learning, teaching and character building.’

The commission is to be headed by a chairman and is to include educationists, jurists, experts, Ulema and elected representatives.

Similarly, section 8 (1) of the Act says that the government “shall within one month” of the commencement of the Shariat law constitute a commission on economic reforms to mould economy in accordance with the principles of Islam.

The commission will be headed by a chairman and comprise economists, bankers, jurists, Ulema and elected representatives.

Among the tasks given to the commission on economic reforms, is to make recommendations on the elimination of Riba (interest) from every sphere of economic activity.

Section 14 (1) of the Shariat law also makes it mandatory for the MMA government to appoint a judicial commission “within one month” of the commencement of the law to recommend judicial reforms for the Provincially Administered Tribal Areas (Pata).

The Shariat law has used the word “shall” for emphasis that makes the relevant sections mandatory, legal experts said.

The government, however, oblivious of the mandatory provisions of the law that it claimed would bring a revolution in the lives of the people, failed to establish any of those commissions “within one month” of its passage.

“This is a violation of the law which makes it obligatory upon the government to take certain measures within a specified period clearly mentioned.

“Though this in itself does not affect the validity of the law, it does reflect poorly on a government that has celebrated its passage by declaring a holiday to mark its passage,” a former advocate-general said, requesting he not be named. “This shows their lack of interest and that this whole legislation was passed for posterity.”

Interestingly enough, the Enforcement of Shariah Act, 1991, introduced by the Nawaz Sharif government and passed by the parliament also contained provisions regarding the appointment of commissions on education and economy “within thirty days” from the commencement of the act. This was not to be.

When Dawn approached the NWFP law department for comments on this lapse, it expressed its ignorance. It turned out that the law department did not know that Governor Iftikhar Hussain had signed the bill into a law. “The bill is lying with the governor for his assent and it will become a law only if he puts his signature to it,” said a senior officer.

The official acknowledged that the provincial government had not asked finance, education and the law departments to appoint commissions under the Shariat Bill. “Each department will have to appoint its commission by way of a notification, that too, after the provincial government gives us the go-ahead. As of now, there is no such move,” commented the senior official.