AUTHORITY, ACCOUNTABILITY, AND JUSTICE: AN APPLIED AND COMPARATIVE REVIEW OF ISLAMIC PRINCIPLES, THE CONSTITUTION OF PAKISTAN AND THE UNITED NATION’S CHARTER

Abstract

In the modern era, the sustainable political and administrative stability of any state depends on the strength of good governance, transparent accountability and impartial justice system. This research article presents a comparative framework of these enduring Islamic principles with two important legal documents of the present era, namely the Constitution of Pakistan (1973) and the United Nations Universal Declaration of Human Rights (UDHR).

This research has mainly adopted a descriptive, analytical and comparative method. In preparing the paper, Islamic sources (Quran, Sunnah and Fiqh), specific parts of the Constitution of Pakistan especially the Objectives Resolution (Qarārdād e Maqāsid)/Article 2A and Chapter I Fundamental Rights) and the Charter of the United Nations have been considered as primary sources. Along with this, an applied and practical model has been developed under the qualitative method to solve contemporary administrative challenges so that theoretical research can be converted into practical reforms.

This article mainly seeks to answer the questions that how has the path of absolute rule been blocked in Islamic political thought? The second important question is that despite the recognition of divine sovereignty in Article 2A of the Constitution of Pakistan (1973), why has the implementation of impartial accountability and justice not yet been established in the country? The third is to what extent is the philosophy of equality and fair trial contained in the Charter of the United Nations (especially Articles 1, 7 and 10) compatible with Islamic principles? Also, what practical framework can be devised for reforming the current administrative structure of Pakistan by comparing these three systems?

The findings of the study clearly show that the Islamic concept of accountability and justice is not merely legal but also based on moral and theological foundations, which makes it distinct and more effective than the prevailing Western laws. This article also proves that many of the positive aspects of the United Nations Charter of Human Rights, such as equality before the law, are due to the fourteen hundred years of Islamic justice system. Finally, this article proposes a three-dimensional implementation framework that can be followed to realize the dream of rule of law, impartial accountability and good governance in Pakistan.