Dastoor-e-Jamaat
The Constitution of the Jama'at-e-Islami Pakistan
Preamble
The organisation of Jama'at-e-Islami is founded on the Islamic principles of consultation. These principles are permanent, yet the institutions and organisational structures formed under them undergo changes according to varying circumstances. Consequently, with the expansion of the Jama'at's organisation, additions, amendments and changes have also been made to the Jama'at's Constitution. A brief account of the evolutionary stages of the Jama'at's Constitution is given in Appendix 5. The Council's interpretations and explanations of a few articles of the Constitution are given in Appendix 4 for better comprehension.The present edition of the Jama'at's Constitution includes the amendments made up to 27 December 2019.
Note: This is a fair rendering in English of the text and spirit of the Constitution. For all legal and practical purposes, however, the original Urdu version shall be referred to.
Ameer ul Azim
Secretary General
Jama'at-e-Islami Pakistan (2019-2026)
“You are now the best people brought forth for (the guidance and reform of) mankind. You enjoin what is right and forbid what is wrong and believe in Allah. Had the People of the Book believed it were better for them. Some of them are believers but most of them are transgressors.”
The Qur'an (3:110)
The Constitution of the Jama'at-e-Islami Pakistan
Part I: Name, Mission, Prerequisites and Obligations of Membership
Article 1: Name
The name of this party shall be “Jama'at-e-Islami Pakistan”, and the name of this Constitution shall be the “Constitution of the Jama'at-e-Islami Pakistan”.
Article 2: Date of Enforcement
This Constitution shall come into force from the 1st day of June 1957, corresponding to 2 Dhul-Qa'dah 1376 AH.¹
¹ See Appendix 5 for the amendments made to the Constitution after 1 June 1957, which are now a part of it.
Article 3: The Fundamental Creed
The fundamental creed of Jama'at-e-Islami shall be La ilaha ill-Allah, Muhammadur Rasulullah:
“There is no god but Allah, and Muhammad is the Messenger of Allah.”
Explanation: The first part of this creed, i.e. “There is no god but Allah”, means that Allah alone is the Creator, Sustainer and Lord of the earth and heaven and of all that is in them, and the Sovereign who governs creation and lays down the law. No one shares with Him in any of these attributes or capacities.
Knowing and admitting this fact, it becomes imperative that:
(1) Man should not consider anyone else save Allah as Guardian and Master, Disposer of Affairs and Guarantor, Ever Responsive and All-Hearing, Succour and Helper, because no one else possesses any power.
(2) He should not consider anyone else save Allah as the one who brings benefit or harm. He should reserve his taqwa (piety), fear, trust, reliance and hopes for Allah alone, because all powers are vested in Him.
(3) He should not supplicate anyone, seek refuge with anyone, or call anyone for help save Allah. He should not even think that someone can be so influential and dominant in Allah's administration that his intercession can change Allah's Will, because all are powerless subjects in Allah's kingdom, be they angels, prophets or saints.
(4) He should not bow his head before anyone, worship anyone, offer vows to anyone, or treat anyone as the polytheists treat their deities, save Allah, because Allah alone has the right to be worshipped.
(5) He should not recognise anyone save Allah as King, Lord of all dominion and Supreme Sovereign; consider anyone authorised to command and forbid on his own authority; or acknowledge anyone as an independent Lawgiver and Lawmaker in his own right. He should refuse to accept any obedience that is not subordinate to obedience to Allah and observance of His Law, because Allah alone is the rightful Lord of His Universe and the legitimate Sovereign of His Creation. No one else has any right to Lordship and Sovereignty.
Moreover, the acceptance of this creed obligates that:
(6) Man should surrender his own liberty and autonomy, renounce devotion to his own desires, and instead be a slave of Allah, whom he has accepted as God.
(7) He should not think of himself as the owner of anything or as having independent authority over it, but understand that everything, even his own life, his organs, and his intellectual and physical abilities, belongs to Allah and is entrusted to him by Allah.
(8) He should regard himself as responsible and accountable before Allah and always keep in view the fact that he has to render an account before Allah on the Day of Judgement for the use of all his abilities, his conduct and his use of what has been entrusted to him.
(9) The criterion of his inclination and disinclination should be what Allah loves and does not love.
(10) The objective of all his efforts and struggle, and the axis of his entire life, should be the attainment of Allah's pleasure and His proximity.
(11) He should accept only Allah's guidance as guidance in every sphere of his life: in ethics, conduct, society and civilisation, economy and politics, and reject every way and rule that is against Allah's Shari'ah.
The second part of this creed, i.e. “Muhammad is Allah's Messenger”, means that Muhammad (PBUH) is the last Prophet through whom the Lord of the Universe sent authentic guidance and a Code of Law to human beings living on earth, and whom He appointed to establish a perfect example by acting in accordance with that Code.
Knowing and admitting this reality, it becomes imperative that:
(1) Man should accept, without the least hesitation, every teaching and every guidance that is established on the authority of Muhammad (PBUH).
(2) To induce him to follow an order or to refrain from following a certain way, it should be sufficient that this order or prohibition is established on the authority of Allah's Messenger. His obedience should not depend on any other reason.
(3) He should not accept anyone's leadership and guidance as independently authoritative except that of the Prophet Muhammad (PBUH). The following of other people should be subject to the Book of Allah and the Sunnah of His Prophet, and not independent of them.
(4) He should embrace the Book of Allah and the Sunnah of His Prophet as the ultimate proof, authority and reference in all matters of his life; adopt any thought, belief or rule that is in accordance with the Book and the Sunnah; reject whatever is opposed to them; and refer to the same source of guidance to solve problems that require a solution.
(5) He should free his heart from all kinds of prejudices, whether personal or familial, tribal or racial, nationalistic or patriotic, or sectarian or factional. He must not be so overwhelmed by love for or devotion to someone that it overcomes or rivals his love for and devotion to the truth brought by the Prophet of Allah.
(6) Apart from the Prophet of Allah, he should regard no one as the criterion of Truth, consider no one above criticism, and not subject himself to anyone's mental slavery. He should appraise and evaluate everyone by the same perfect criterion set by Allah, and accord each person the position that he merits according to that criterion.
(7) He should not recognise any human being born after Muhammad (PBUH) as having a status such that believing or not believing in him determines one's Kufr (disbelief) or Iman (faith).
Article 4: The Mission
The mission of Jama'at-e-Islami and the objective of all its efforts and struggle shall, in practice, be the establishment of Divine Government or the Islamic Way of Life (Iqamat-e-Deen), and, in reality, the attainment of Allah's pleasure and success in the Hereafter.
Explanation: In the terminology of this Jama'at, the three expressions “Al-Deen” (the Religion), “Divine Government” and “Islamic Way of Life” are synonymous. The Jama'at uses the terms “Divine Government” and “Islamic Way of Life” in the same sense in which the Qur'an uses the expression Iqamat-al-Din (establishing the Religion). All three have the same meaning for it: in whatever sphere of human life man has discretion, he must willingly accept Allah's legislative sovereignty, just as every particle of the Universe, within the sphere of compulsion, willingly or unwillingly submits to His sovereignty over creation. The way of life that emerges from submission to Allah's legislative sovereignty is “Al-Deen”, “Divine Government” or the “Islamic Way of Life”.
The “Establishment of Deen” does not mean establishing some particular part of it, but establishing Deen in its entirety, whether it deals with individual or collective life, and whether it pertains to prayers, fasting, Hajj and Zakat, or to economy, society, civilisation and politics. No part of Islam is unnecessary.
The whole of Islam is necessary. It is incumbent upon a believer to strive to establish the whole of Islam without fragmentation or division. Every believer should establish in his own life the part that relates to the individual's personal life. For the part that cannot be established without collective struggle, believers should come together, organise themselves as a Jama'at and endeavour to establish it.
Although the believer's real purpose is to seek Allah's pleasure and success in the Hereafter, the realisation of this purpose is not possible without striving to establish Allah's Deen in this world. Therefore, a believer's practical mission is the establishment of Deen, and his real mission is Allah's pleasure, which will be attained through efforts to establish Deen.
Article 5: The Procedure
The Jama'at's permanent procedure in this regard shall be as follows:
(1) Before deciding on any matter or taking any step, it shall ascertain what the directive of Allah and His Prophet is. All other considerations shall be treated as secondary and taken into account only to the extent that Islam permits.
(2) To realise its objective and mission, the Jama'at shall never use ways and means that are against truthfulness and honesty or that may cause “mischief on the earth”.
(3) For the reform and revolution it envisages, the Jama'at shall use democratic and constitutional means, i.e. reforming minds and characters through preaching, exhortation and the propagation of thought, and preparing public opinion to accept the changes envisaged by the Jama'at.
(4) The Jama'at shall not strive for the realisation of its mission on the pattern of secret movements, but shall do so openly and publicly.
Article 6: Prerequisites of Membership
Every mature and sensible person, whether man or woman and belonging to any caste, community or race, can become a member of this Jama'at, provided that:
(1) After understanding the Jama'at's creed along with its explanation, he/she bears witness that the same is also his/her creed.
(2) After understanding the Jama'at's mission along with its explanation, he/she declares that the same is also his/her mission.
(3) After studying the Constitution, he/she pledges to abide by the Jama'at's discipline in accordance with it.
(4) He/she abides by the duties imposed by the Shari'ah and avoids major sins.
(5) He/she has no source of income that falls within the category of illegitimate earnings, e.g. interest (usury), wine, adultery, dance and music, false testimony, bribery, breach of trust, gambling, etc.
(6) If he/she possesses money or property acquired by forbidden means, or in which the rights of others have been usurped, he/she relinquishes it and returns to the rightful owners their due.
Explanation: Such action shall be required only when the rightful owners are known and the money or property in which their rights have been usurped is also known and identifiable. Otherwise, repentance and reform of future conduct will suffice.
(7) He/she is not associated with any party or institution whose principles and objectives are contrary to the creed, mission and procedure of Jama'at-e-Islami.
(8) The Jama'at's organisation is satisfied that he/she qualifies for membership.
Article 7: The Procedure for Joining
In accordance with the prerequisites stated above, the procedure for joining the Jama'at shall be that the applicant makes the following declarations before the President (Ameer) or a person authorised by him:
Firstly, he/she has fully understood the creed of the Jama'at along with its explanation and, having understood it, now bears witness with a full sense of responsibility that there is no god but Allah, Who is One and has no associate, and that Muhammad is the Messenger of Allah.
Secondly, he/she has fully understood the mission of the Jama'at along with its explanation and, having understood it, declares that establishing Allah's Deen in this world is the mission of his/her life. He/she is joining Jama'at-e-Islami purely for Allah's sake to strive for the attainment of this mission, and has no objective in this work other than Allah's pleasure and success in the Hereafter.
Thirdly, he/she has also fully understood the Jama'at's Constitution and pledges to abide fully by the Jama'at's system in accordance with it.
Article 8: Obligations of Membership
After joining the Jama'at, every member shall gradually bring about the following changes in his/her life:
(1) Acquire at least the knowledge of Deen necessary to differentiate between Islam and non-Islam and to become acquainted with the “bounds set by Allah” (Hudud-ul-Allah).
(2) Mould his/her point of view, thought and action according to the teachings of the Qur'an and the Sunnah; bring the objective of his/her life, the criteria of his/her preferences and esteem, and the axis of his/her loyalties into conformity with Allah's pleasure; and break the idols of wilfulness and self-worship in submission to the commandment of the Lord.
(3) Purify his/her life of all practices of ignorance that are against the Book of Allah and the Sunnah of Allah's Messenger, and strive to bring both inward and outward life into conformity with the commandments of the Shari'ah.
(4) Purify his/her heart of prejudices and interests, and his/her life of occupations, quarrels and discussions, that are based on egotism and worldly pursuits and have no other significance in Islam.
(5) Discontinue relations of close allegiance and affection with the wicked, the sinful and those heedless of Allah, and establish relations with the righteous.
(6) Establish his/her dealings on truthfulness, justice, fear of Allah and impartial devotion to Truth.
(7) Concentrate his/her efforts and struggle on the mission of establishing Deen and, apart from the genuine necessities of life, withdraw from all activities that do not lead towards this mission.
Explanation: It is not necessary that these changes should be present to a perfect degree in every person, but everyone shall strive towards perfection in this regard. Each person's position in Jama'at-e-Islami shall be determined by the degree of deficiency or perfection in these changes.
Article 9: Propagation of the Creed and Mission
It shall be obligatory upon every member of the Jama'at to present the Jama'at's creed and mission, explained in Articles 3 and 4, within his/her circle of acquaintance and to people generally, as far as he/she can reach. He/she shall persuade those who accept the creed and mission to undertake an organised struggle for the establishment of Deen, and invite those ready to undertake this struggle to join the system of Jama'at-e-Islami.
Explanation: If any person, despite expressing agreement with the Jama'at's mission, procedure, programme and organisation, is unwilling for any reason to undertake the responsibilities of membership, he should be encouraged to join the Jama'at's circle of supporters so that he may cooperate with the Jama'at, to the extent possible, in the struggle to establish Deen.
Article 10: Obligations of Women Members
All the provisions of Articles 8 and 9 shall apply, within their sphere of activity, to women joining the Jama'at. In addition, the duties of a woman as a member of the Jama'at shall be as follows:
(1) Communicate the Jama'at's creed and mission to her family and her circle of acquaintance.
(2) Preach it to her husband, parents, brothers, sisters and other members of the family.
(3) Try to kindle the light of faith in her children's hearts.
(4) If her husband, sons, father or brothers join the Jama'at, encourage them through patient companionship, help them as far as possible in their service to the Jama'at's mission, and face adversity with patience and constancy.
(5) If her husband or guardians are caught in ignorance, earn by unlawful means or commit sins, strive patiently to reform them, try to protect herself from their unlawful earnings and errors, and refuse to obey any of their orders that amount to disobedience to Allah and His Messenger.
Part II: Nature of the Jama'at's System and Attributes of Those Who Run It
Article 11: Nature of the Jama'at's System
The system of Jama'at-e-Islami Pakistan shall be consultative, and its organisation shall consist of central and various regional systems.
Explanation: The consultative nature of the system means that the appointment and dismissal of the President and members of the Council shall be through the vote of the members of the Jama'at, and that all affairs of the Jama'at shall be conducted through mutual consultation in accordance with Islamic teachings.
Article 12: The Standard for Differences in Status within the Jama'at
In this Jama'at, a person's status and position shall not be evaluated on the basis of his/her pedigree, academic qualifications or financial circumstances, but according to his/her commitment to Allah, His Prophet and His Deen. The Jama'at shall ascertain this commitment through the sacrifices made in the way of Allah's Deen: denial of the demands of the self, and physical and material sacrifices.
Explanation: The aim of this article is to present to the members the standard by which they may assess the workers of their Jama'at and form an opinion about the kind of people who should be brought forward and those who should remain behind in the Jama'at's organisation. As far as membership rights are concerned, all members of the Jama'at are equal. However, moral distinction, leadership and entitlement to positions of responsibility shall not be based on family nobility, fame and reputation, wealth or academic qualifications. They shall be based on observance of the commandments of Allah and His Prophet, understanding and practice of Deen, ability to run the affairs of the Jama'at, and readiness to sacrifice time, labour and material resources for its cause.
Those who fulfil the conditions of membership under Article 6, but make no particular effort towards their own improvement under Article 8, show no special enthusiasm for the Jama'at's work, and do not devote money, time and strength according to their means to the mission for which the Jama'at strives, may continue as members. They cannot, however, be given a leadership role or entrusted with positions of responsibility. Giving such a person this status in consideration of other merits shall be considered a violation of the Constitution.
Article 13: Attributes of the Jama'at's President
The following attributes shall be kept in view when electing or appointing the President, whether central or at any subordinate level:
(1) He should not be a candidate for the Presidency, nor should there be anything to indicate that he desires or is striving for the office.
(2) The Jama'at's members should have confidence in his piety (taqwa), knowledge of the Book and the Sunnah, trustworthiness and honesty, religious insight, understanding of the Islamic movement, soundness of judgement, thoughtfulness, decision-making ability, perseverance and steadfastness in the way of Allah, and ability to run the Jama'at's organisation.
(3) For appointment as a Provincial or Divisional President, he should have been a member of the Jama'at for at least two years; for appointment as a District or Local President, for at least one year, unless the President considers it necessary to waive this condition.
Article 14: Attributes of Members of the Councils
The following attributes shall be kept in view when electing a person to membership of the Council, whether central or subordinate:
(1) He should not be a candidate for membership of the Council, nor should there be anything to indicate that he desires or is striving for membership.
(2) He should be distinguished among the members by his knowledge and piety, trustworthiness, understanding and insight, perseverance and steadfastness in the way of Allah, and dependability in services to the mission.
Part III: The Central Organisation
General Assembly, the President, the Central Council, Working Committee, Secretary General, Directors of Central Departments
Article 15: Components of the Central Organisation
The central system of Jama'at-e-Islami Pakistan shall comprise the following components:
(1) General Assembly of Jama'at-e-Islami Pakistan (Article 16).
(2) The President (Article 17) and his appointed Vice President(s), if any (Article 19(4)(c)).
(3) The Central Council (Article 21).
(4) Central Working Committee (Articles 19(4)(a) and 34).
(5) Secretary General (Article 35).
(6) Directors of Central Departments (Articles 19(4)(h) and 37).
(7) Election Commission (Article 37-a).
(8) Election Tribunal (Article 37-b).
1. General Assembly (Ijtema-e-Arakan)
Article 16: Definition, Convening and Authority
(1) The ultimate powers in all matters of Jama'at-e-Islami Pakistan shall vest in the General Assembly.
(2) The Central Council or the President may convene the General Assembly whenever they deem it necessary in view of the Jama'at's needs. If the Councils of two or more provinces, or of five or more organisational circles, demand this by passing formal resolutions, it shall be necessary to convene the Assembly within a reasonable time.
(3) The definition of the General Assembly may also include an Assembly to which all members are not invited, but for which, according to the proposal of the Central Council, delegates elected by Jama'at members from every organisational province, division or district are summoned.
2. The President (Ameer-e-Jamaat-e-Islami Pakistan)
Article 17: Status, Appointment and Tenure
(1) There shall be a President of Jama'at-e-Islami Pakistan whose status shall not be that of the Leader of the Faithful (Ameer al-Mo'mineen, as this title is generally understood), but only that of the President of this Jama'at. The Jama'at's members shall be bound to obey him in what is right (Ma'ruf).
(2) The Jama'at's call shall be to its creed and mission, rather than to the person or office of the President.
(3) The members of the Jama'at shall elect the President by direct vote, and a simple majority shall be decisive in this election.
(3a) At least three months before the expiry of the President's term of office, the Election Commission shall initiate the process of electing the President.
(4) The President shall be elected for five years, and the Jama'at's members may, if they so desire, elect the same person more than once.
(5) A new presidential election shall be held before the incumbent's term ends. If, for any reason, this cannot take place, the incumbent shall continue in office until the newly elected President assumes charge, but this period shall not exceed three months.
(6) If the office of the President falls vacant because of resignation, dismissal or any other reason, and it is not possible to hold an immediate election for a new President, the Central Council shall elect a temporary President. A simple majority of the Council's votes shall be decisive in this election. This temporary arrangement shall last no longer than six months, and a new President shall be elected by the members before that period expires.
(7) If it becomes unavoidable for the President temporarily to relinquish his duties, he shall appoint a member of the Central Council to act in his place. Such an appointment shall not exceed one year and, if it exceeds six months, shall require ratification by the Central Council.
Article 18: The Oath
Before assuming office, the President, whether temporary, permanent or acting, shall take the oath of office given in Appendix 1 of this Constitution. According to the circumstances, the oath may be taken before the General Assembly, a session of the Central Council or a local assembly of members.
Article 19: Duties and Powers of the President
(1) The ultimate responsibility for running the Jama'at's organisation and the Movement shall rest with the President, who shall be accountable to the Council and the members of the Jama'at.
(2) The President shall formulate the Jama'at's policies and take decisions on important issues in consultation with the Central Council.
(3) It shall be the duty of the President:
(a) To give priority to obedience and loyalty to Allah and His Prophet (PBUH) over everything else.
(b) To consider service to the Jama'at's objective and mission his foremost obligation.
(c) To give preference to the Jama'at's interests and the responsibilities of its work over his own person and personal benefits.
(d) To decide among the members of the Jama'at with justice and honesty.
(e) To protect what the Jama'at has entrusted to him.
(f) To abide by this Constitution and do his best to establish the Jama'at's organisation in accordance with it.
(4) The President shall have the following powers:
(a) To select his Working Committee from among the members of the Central Council.
(b) When immediate action on an important issue is necessary and neither the Central Council nor the Working Committee can be convened, to act in consultation with those members of either body who can be consulted in time.
(c) To appoint Vice President(s) from among the members of the Central Council or in consultation with the Council.
(d) To conduct the Jama'at's administrative affairs and use its assets, subject to any limitations imposed by the Central Council in the interests of the Jama'at.
(e) To admit members to the Jama'at (Article 7) and exclude them from it (Article 90).
(f) To suspend or dissolve any subordinate Jama'at (Article 91).
(g) To appoint or dismiss subordinate Presidents (Articles 40, 54, 68 and 84).
(h) To appoint and dismiss the Secretary General and the staff of the Central Departments (Articles 35, 36 and 37).
(i) To spend from the Jama'at's Fund (Bayt al-Maal) on the work of the Jama'at (Article 96).
(j) To extend the tenure of the Central Council (Article 23).
(k) To permit persons other than members of the Central Council to attend its meetings (Article 27).
(l) To prohibit the participation of persons who are not members of the Central Council, whether as observers or in any other capacity, in its meetings (Articles 26 and 27).
(m) To convene the General Assembly of the Jama'at (Article 16).
(n) To implement the Jama'at's decisions according to his discretion.
(o) To delegate some of his powers to another person.
3. The Central Council (Majlis-e-Shura)
Article 20: Name
There shall be a Central Council, formed in accordance with Article 21, to assist and advise the President. Its name shall be “Markazi Majlis-e-Shura” or “Majlis-e-Shura Jama'at-e-Islami Pakistan”.
Article 20(a): Election of the Central Council
At least three months before the end of the Central Council's tenure, the Election Commission shall initiate the process of electing the new Council.
Article 21: Composition of the Central Council
(1)(a) The number of elected members of the Central Council shall be 80, of whom 70 shall be men and 10 women. Members occupying male seats shall be elected by the direct votes of male members, and those occupying female seats by the direct votes of female members.
(b) Before each election, the Election Commission shall determine appropriate male and female constituencies by separately allocating male and female seats in proportion to the membership of each organisational province, ensuring that every province has at least one male seat and one female seat.
(2) The President shall be the Chair of this Council and shall have a casting vote in the event of a tie.
(3)(a) The Secretary General of the Jama'at shall be an ex officio member and secretary of the Council.
(b) Vice President(s), if any, shall be ex officio members of the Council.
(c) Provincial Presidents shall be ex officio members of the Council.
(d) The Secretary of the Women's Wing shall be an ex officio member of the Council.
(4) If a seat falls vacant in the Central Council, it shall be filled within three months.
(5) Directors of the Central Departments shall be entitled to attend and participate in the debates of the Central Council, but shall not be entitled to vote unless they are elected members of the Central Council.
(6) Members of the Central Staff shall be included among the voters of the electoral constituencies within whose limits they reside. Directors of the Central Departments, however, shall be entitled only to vote and cannot be elected to the Central Council.
Article 22: The Inaugural Session
The President shall convene the inaugural session of the new Central Council within two months of the election of its members. Every member shall individually take the oath of office before the President in accordance with Appendix 2 of this Constitution. Afterwards, the President shall inform them of their duties and responsibilities and of the Jama'at's prevailing circumstances and state of affairs.
Article 23: Tenure
(1) Members of the Central Council shall be elected for three years. If, during this term, the President considers fresh elections necessary because of a change in the Jama'at's circumstances or for any other reasonable cause, he may decide accordingly after consulting the Council.
(2) If extraordinary circumstances make it difficult to elect a new Central Council on time, the President may extend the existing Council's tenure by a maximum of one year after consultation with the available Provincial, Divisional and District Presidents.
Article 24: Ordinary Session
(1) The Central Council shall ordinarily hold one session each year, normally in the last quarter of the financial year. At this session, the report on the Jama'at's work, the budget and the audit report of the Central Fund for the previous year shall be presented. The Jama'at's work during the past year shall be reviewed and assessed, and the programme for the coming year shall be drawn up. This session shall be called an “Ordinary Session of the Council”.
(2) The interval between two ordinary sessions of the Council shall not exceed 15 months.
Article 25: Extraordinary Session
(1) The President may summon an extraordinary session of the Council at any time.
(2) An extraordinary session of the Central Council shall necessarily be convened in the following circumstances:
(a) If at least one-fourth of the members of the Central Council demand a session in writing from the President, the session shall be held within 30 days.
(b) If the office of the President falls vacant and there is no deputy, acting or temporarily appointed President, the Jama'at's Central Department for Organisational Affairs shall convene a session of the Central Council.
Article 26: Participation of Jama'at Members in the Central Council's Sessions as Observers
Ordinary members of the Jama'at shall be entitled to attend meetings of the Central Council as observers. The President may, however, in the interests of the Jama'at, withdraw this permission for a particular session or part of it.
Article 27: Participation of Non-Members in the Session
If the President considers it necessary to consult a person or persons other than members of the Council on a particular issue of the Jama'at, he may invite them to the session. The issue shall, however, be decided only by the opinions of the Council's members.
Article 28: Quorum
The quorum for a session of the Central Council shall be one-third of its total membership. If a session is adjourned for lack of quorum, no quorum shall be required for the next session.²
² The same quorum shall apply to subordinate councils.
Article 29: The Method for Reaching Decisions
(1) In general, an attempt shall be made to decide all matters by consensus. In the event of differences, the decision of the majority of members present at the session shall be considered the decision of the Council.
(2) If the President disagrees with the decision of the majority of Council members present, he may defer it until the next session of the Council. The decision reached by the majority at that next session shall be final.
Article 30: Duties and Powers of the Central Council
(1) It shall be the duty of the Central Council collectively and of each member individually:
(a) To give priority to obedience and loyalty to Allah and His Prophet over everything else.
(b) To keep watch over the President and themselves to ensure adherence to the Jama'at's creed, commitment to its mission and observance of the true Islamic mode of action.
(c) To attend the meetings of the Council regularly.
(d) To express their honest opinions forthrightly on all issues according to their knowledge, faith and conscience.
(e) To refrain from forming permanent groups and blocs within the Jama'at. If anyone is found attempting to do so, efforts shall be made to correct him instead of encouraging him or showing indifference.
(f) To try to rectify any fault in the Jama'at and its work whenever and wherever it is found.
(2) The Central Council shall be vested with the following powers:
(a) Formulating the Jama'at's policy.
(b) Removing the President from office, provided that a no-confidence motion against him is passed by a two-thirds majority of the total elected membership of the Central Council.
(c) Interpreting and amending the Jama'at's Constitution and making changes in its organisational structure.³
(d) Appointing the Secretary General of the Jama'at and passing a no-confidence resolution against him (Article 35).
(e) Appointing an auditor to examine the accounts of the Central Fund, discussing the auditor's report and taking necessary action on it (Article 96).
(f) Approving the central budget of the Jama'at (Article 24).
(g) Independently holding the President and the Directors of the Central Departments under him to account, and critically examining and discussing their work.
(h) Appointing central and provincial parliamentary boards and determining their scope of work.
(i) Appointing boards, committees and commissions as required for the Jama'at's various activities and departments, and determining their scope of work.
(j) Convening the General Assembly of the Jama'at and, when necessary, inviting delegates from among the members in place of the general membership (Article 16).
(k) Expressing opinions through resolutions and other appropriate means, and taking appropriate measures on issues arising within or outside the country that relate to the Jama'at's mission, objectives and programme.
(l) Formulating and adopting rules and regulations for the proceedings of the General Assembly and sessions of the Central Council.
(m) Taking all necessary steps, in accordance with the Constitution, for the realisation of the Jama'at's mission.
(n) Delegating all or some of its powers, subject to any conditions it wishes to impose, to the Working Committee; any committee or board composed of its members; the President; the Secretary General; or any other person or persons.
(o) Constituting an Election Commission and an Election Tribunal for the elections of the President and the Central Council.
³ The interpretations, explanations and amendments incorporated into the Constitution since it came into force on 1 June 1957 can be found in Appendices 4 and 5.
Article 31: Dissolution of the Central Council
If a President previously removed from office through a no-confidence motion of the Central Council is re-elected, this shall constitute a vote of no confidence by the Jama'at in the Central Council. The Council shall stand dissolved on the day the President takes the oath and assumes office.
The elected President shall arrange for the election of a new Council and, in the meantime, shall carry on his work with the assistance and advice of an interim Working Committee composed of the Provincial Presidents.
Article 32: Council of All District Presidents
If, at any time, the number of Central Council members capable of performing their duties falls below the quorum required for its sessions, a council of all District Presidents of the country shall serve as an alternative to the Central Council.
This Council may act as the Central Council, arrange for the formation of a new Council in accordance with the Constitution, or devise another appropriate and practicable arrangement for assisting and advising the President while preserving the spirit of the Constitution.
Article 33: Procedure for Convening the Council of District Presidents
If the President's office falls vacant, the power to convene a session of the Central Council shall vest, in order, in the Secretary General of the Jama'at, the Central Department for Organisational Affairs, any available member of the Central Council, and any District President.⁴
⁴ At its session in April 1987, the Central Council approved an amendment replacing “Division” with “province” in Article 31, and “local” with “district” in Articles 32 and 33.
4. The Working Committee (Majlis-e-Amla)
Article 34: Appointment, Status and Powers
(1) There shall be a Working Committee of Jama'at-e-Islami Pakistan consisting of 16 members selected by the President from among the members of the Central Council. The President shall be its Chair, the Secretary General its ex officio member and secretary, and the Vice President(s), if any, its ex officio member(s).
(2) A person who ceases to be a member of the Central Council shall also cease to be a member of the Working Committee.
(3) The President may convene sessions of the Working Committee whenever and as often as he wishes.
(4) The quorum for a session of the Working Committee shall be ten members, of whom at least five shall be members who do not hold membership ex officio.
(5) A new Working Committee shall be formed after every new election of the Central Council.
(6) Whenever the Central Council is not in session or it is difficult to convene it, the Working Committee shall have all the powers of the Central Council except those of amending the Constitution and removing the President from office. The Central Council shall, however, have full power to ratify any decision or action of the Working Committee, or disapprove it in part or in whole.
5. The Secretary General
Article 35: Appointment, Dismissal, Duties and Oath
(1) There shall be a Secretary General of Jama'at-e-Islami Pakistan, selected by the President in consultation with the Central Council.
(2) The Secretary General shall remain in office only as long as the President is satisfied with his work. His dismissal shall, however, require consultation with the Central Council or the Working Committee.
(3) The Central Council may dismiss the Secretary General through a no-confidence resolution. If the President disagrees with the resolution, the number of members voting in its favour shall not be less than half the total membership of the Council.
(4) The Secretary General shall be the aide and representative of the President in all affairs of the Jama'at. He shall perform the duties and exercise the powers assigned to him by the President and shall be answerable to the President for his work.
(5) Before assuming office, the Secretary General shall take before the President the oath given in Appendix 3 of this Constitution.
Article 36: Deputy Secretaries General
(1) The President shall be authorised to appoint one or more Deputy Secretaries General and assign to them duties and powers of the Secretary General according to his discretion.
(2) A Deputy Secretary General appointed by the President to act as Secretary General during the latter's absence shall have the status assigned to the Secretary General in this Constitution.
6. Directors of the Central Departments
Article 37: Appointment, Tenure, Duties and Powers
(1) Each Central Department shall be under a separate Director appointed by the President according to his discretion.
(2) The Director of a Department shall remain in office only as long as the President is satisfied with his work.
(3) The President shall determine the duties and powers of the Department Heads.
7. Election Commission
Article 37(a): Composition, Appointment and Functions
(1) There shall be a five-member Election Commission of Jama'at-e-Islami Pakistan, consisting of a Chair and four members, to conduct elections and preference polls.
(2) The Central Council shall constitute the Election Commission at its first session after its own election. The Chair and members of the Election Commission shall take the oath of office given in Appendix 2(a).
(3) The Election Commission of Jama'at-e-Islami Pakistan shall conduct the following elections and preference polls:
(a) Election of the President of Jama'at-e-Islami Pakistan.
(b) Election of the Central Council of Jama'at-e-Islami Pakistan.
(c) Election of the Central Working Committee of Jama'at-e-Islami Pakistan.
(d) Preference poll for the Secretary General of the Women's Wing of Jama'at-e-Islami Pakistan.
(e) Election of the Central Council of the Women's Wing of Jama'at-e-Islami Pakistan.
(f) Preference polls for provincial administrative officers and provincial Women's Wing administrative officers.
8. Election Tribunal
Article 37(b): Composition, Appointment and Oath
(1) There shall be a five-member Election Tribunal, consisting of a Chair and four members, to hear petitions concerning elections and preference polls conducted by the Election Commission of Jama'at-e-Islami Pakistan.
(2) The Central Council shall constitute the Election Tribunal at its first session after its own election.
(3) The Chair and four members of the Election Tribunal shall take the oath of office given in Appendix 2(b).⁵
⁵ At its session in January 2021, the Central Council approved the revised text of Articles 37(a) and 37(b).
Part IV:
1. Provincial Organisation (Sobai Tanzeem)
1. Scope and Structure
Article 38: Scope and Structure of the Provincial Organisation
(1) Pakistan may be divided into organisational provinces according to the Jama'at's organisational requirements.
(2) The provincial organisation shall consist of the Provincial President, Provincial Council and Provincial Secretary, unless circumstances require another arrangement temporarily.
(3) Members of the Jama'at in the province shall be bound to obey the provincial organisation.
2. The Provincial President
Article 39: Status and Accountability
The provincial organisation shall be headed by a person called the “Provincial President”. His position in the province shall be that of a representative of the Central President, to whom he shall be answerable.
Article 40: Appointment and Dismissal
(1) The power to appoint and dismiss the Provincial President shall vest in the Central President, who shall give the fullest possible consideration to the opinions of members of the province while keeping the Jama'at's interests in view.
(2) The Provincial President shall be appointed for three years.
Article 41: The Oath
Before assuming office, the Provincial President shall take the oath given in Appendix 1 of this Constitution before the Central President or a person or persons appointed by him.
Article 42: Duties of the Provincial President
The duties of the Provincial President shall be as follows:
(1) To disseminate the Jama'at's call, mission, policies and programme in the province and take the necessary steps for their realisation.
(2) To carry out the Centre's directives and arrange for the timely payment of Central dues.
(3) To keep the Centre informed of conditions in the province and the Jama'at's work there.
(4) To supervise, guide and hold accountable the subordinate units, departments and institutions, and their staff and workers, in the province.
(5) To take timely notice of issues pertaining to or affecting the Jama'at's mission and objectives in the province, and take necessary action on them.
(6) To perform any additional duties and responsibilities assigned by the Centre.
Article 43: Powers of the Provincial President
The Provincial President shall have the following powers:
(1) To appoint and dismiss the Provincial Secretary in consultation with the Provincial Council.
(1a) To select his Working Committee from among the members of the Provincial Council.
(2) To appoint and dismiss personnel in Provincial Departments.
(3) To convene sessions of the Provincial Council and the Provincial Working Committee.
(4) To spend from the Provincial Fund according to the budget approved by the Provincial Council, and take appropriate and necessary steps to perform his duties in accordance with the Constitution.
(5) To exercise within the province the power vested in the Central President under Article 19(4)(b).
(6) To exercise any additional powers delegated to him by the Central President.
3. The Provincial Council (Sobai Majlis-e-Shura)
Article 44: Composition and Tenure
(1) The Provincial Council shall be directly elected by the members of the Jama'at in the province.
(2) The Provincial President shall determine the number of members of the Provincial Council. Before each election, the Provincial President or an Election Supervisor appointed by him shall establish suitable constituencies and distribute the seats among them in proportion to their membership.
(3) At least three months before each election of the Council, the Provincial President shall appoint an Election Commissioner and vest him with the powers necessary to conduct the election.
(4) Members of the Council shall be elected for two years.
(5) The Provincial President shall be the Chair of the Provincial Council, and the Provincial Secretary its ex officio member and secretary.
Article 45: The Inaugural Session
The Provincial President shall convene the inaugural session of the new Provincial Council within two months of its election. Every member shall individually take the oath before the Provincial President in accordance with Appendix 2 of this Constitution. Afterwards, the Provincial President shall inform them of their duties and responsibilities and of the Jama'at's prevailing circumstances and state of affairs in the province.
Article 46: Relationship between the Provincial President and the Provincial Council
(1) Apart from day-to-day affairs, the Provincial President shall decide all important matters in consultation with the Provincial Council.
(2) Any dispute between the Provincial President and his Council shall be referred to the Central President.
Article 47: Ordinary Session
The ordinary session of the Provincial Council shall be held once a year.
Article 48: Extraordinary Session
An extraordinary session of the Provincial Council may be convened at any time in the following circumstances:
(a) The Provincial President considers it necessary.
(b) At least one-fourth of the Council's members request it in writing. In this case, the session shall be held within 25 days.
(c) In the absence of the Provincial President, the Provincial Department for Organisational Affairs considers it necessary.
(d) The Central President orders that a session be held.
Article 49: Duties and Powers of the Provincial Council
The duties of the Provincial Council shall be those stated in the oath of membership of the Council in Appendix 2. The Council shall have the following powers:
(1) To express opinions through resolutions or statements on issues pertaining to or affecting the Jama'at's mission and objectives, provided that these are not contrary to any general or specific policy of the Centre.
(2) To hold the Provincial Jama'at and its subordinate units accountable for their work.
(3) To approve the provincial budget.
(4) To adopt a resolution of confidence or no confidence in the Provincial President.
4. The Provincial Secretary General
Article 50: Appointment and Dismissal
The Provincial President shall appoint the Provincial Secretary in consultation with his Council. The Provincial Secretary shall remain in office as long as the Provincial President is satisfied with his work.
Article 51: Duties and Oath
(1) The Provincial Secretary shall be the aide and representative of the Provincial President in all affairs of the Jama'at in the province. He shall perform the duties assigned to him by the Provincial President and shall be answerable to him.
(2) Before assuming office, the Provincial Secretary shall take before the Provincial President the oath given in Appendix 3 of this Constitution.
5. The Provincial Working Committee (Sobai Majlis-e-Aamla )
Article 51(a): Appointment, Status and Powers
(1) There shall be a Working Committee of the Provincial Jama'at consisting of no more than ten members selected by the Provincial President from among the members of the Provincial Council. The Provincial President shall be its Chair, the Provincial Secretary its ex officio member and secretary, and the Provincial Vice President(s), if any, its ex officio member(s).
(2) A person who ceases to be a member of the Provincial Council shall also cease to be a member of the Provincial Working Committee.
(3) The Provincial President may convene sessions of the Provincial Working Committee whenever and as often as he considers necessary.
(4) The quorum for a session of the Provincial Working Committee shall be half its total membership.
(5) A new Provincial Working Committee shall be formed after every new election of the Provincial Council.
(6) Whenever the Provincial Council is not in session or it is difficult to convene it, the Provincial Working Committee shall have all the powers of the Provincial Council. The Provincial Council shall, however, have full power to ratify any decision or action of the Working Committee, or disapprove it in part or in whole.
6. Directors of the Provincial Departments
Article 51(b): Appointment, Dismissal, Duties and Powers
(1) Each Provincial Department shall normally be under a separate Head or Director appointed by the Provincial President according to his discretion.
(2) The Head of Department shall remain in office only as long as the Provincial President is satisfied with his work.
(3) The Provincial President shall determine the duties and powers of Department Heads.
Part V: Divisional Organisation (Halaqa)
1. Scope and Structure
Article 52: Scope and Structure of the Divisional Organisation
(1) The Central President shall, on the recommendation of the relevant Provincial Council, determine the boundaries of the Jama'at's organisational divisions and make changes to them.
(2) The divisional organisation shall consist of the Divisional President, Divisional Council and Divisional Secretary, unless circumstances require another arrangement temporarily.
(3) Members of the Jama'at in the division shall be bound to obey the divisional organisation.
2. The Divisional President
Article 53: Status and Accountability
The divisional organisation shall be headed by a person called the “Divisional President”. His position in the division shall be that of a representative of the Central President, and he shall be answerable to the Presidents of higher organisational levels.
Article 54: Appointment and Dismissal
The Central President shall appoint or dismiss the Divisional President in consultation with the Provincial President. In doing so, he shall give the fullest possible consideration to the opinions of members of the division while keeping the Jama'at's interests in view. The Divisional President shall be appointed for three years.
Article 55: The Oath
Before assuming office, the Divisional President shall take the oath given in Appendix 1 of this Constitution before the Central President or a person or persons appointed by him.
Article 56: Duties of the Divisional President
The duties of the Divisional President shall be as follows:
(1) To disseminate the Jama'at's call, mission, policies and programme in the division and take the necessary steps for their realisation.
(2) To carry out the directives of the higher organisational levels and arrange for the timely payment of their dues.
(3) To keep the higher organisational levels informed of conditions in the division and the Jama'at's work there.
(4) To supervise, guide and hold accountable the subordinate units, departments and institutions, and their staff and workers, in the division.
(5) To take timely notice of issues pertaining to or affecting the Jama'at's mission and objectives in the division, and take necessary action on them.
(6) To perform any additional duties and responsibilities assigned by the higher organisational levels.
Article 57: Powers of the Divisional President
The Divisional President shall have the following powers:
(1) To appoint and dismiss the Divisional Secretary in consultation with the Divisional Council.
(2) To appoint and dismiss personnel in Divisional Departments.
(3) To convene sessions of the Divisional Council and divisional gatherings.
(4) To spend from the Divisional Fund according to the budget approved by the Divisional Council, and take appropriate and necessary steps to perform his duties in accordance with the Constitution.
(5) To exercise any additional powers delegated to him by the Presidents of higher organisational levels.
3. The Divisional Council
Article 58: Composition and Tenure
(1) Every Divisional Council shall be elected directly by the Jama'at's members in the division.
(2) The Divisional President shall determine the number of members of the Divisional Council.
(3) Members of the Divisional Council shall be elected for two years.
(4) The Divisional President shall be the Chair of the Divisional Council, and the Divisional Secretary its ex officio member and secretary.⁶
Article 59: The Inaugural Session
The Divisional President shall convene the inaugural session of the new Divisional Council within one month of its election. Every member shall individually take the oath before the Divisional President in accordance with Appendix 2 of this Constitution. Afterwards, the Divisional President shall inform them of their duties and responsibilities and of the Jama'at's prevailing circumstances and state of affairs in the division.
Article 60: Relationship between the Divisional President and the Divisional Council
(1) Apart from day-to-day affairs, the Divisional President shall decide all important matters in consultation with the Divisional Council.
(2) Any dispute between the Divisional President and his Council shall be referred to the Presidents of higher organisational levels.
Article 61: Ordinary Sessions
The Divisional Council shall hold two ordinary sessions each year.
Article 62: Extraordinary Session
An extraordinary session of the Divisional Council may be convened at any time in the following circumstances:
(a) The Divisional President considers it necessary.
(b) At least one-fourth of the Divisional Council's members request it in writing. In this case, the session shall be held within 20 days.
(c) In the absence of the Divisional President, the Divisional Department for Organisational Affairs considers it necessary.
(d) The Presidents of higher organisational levels order that a session be held.
Article 63: Duties and Powers of the Divisional Council
The duties of the Divisional Council shall be those stated in the oath of membership of the Council. The Council shall have the following powers:
(1) To express opinions through resolutions or statements on issues pertaining to or affecting the Jama'at's mission and objectives, provided that these are not contrary to any general or specific policy of the higher organisational levels.
(2) To hold the Divisional Jama'at and its subordinate units accountable for their work.
(3) To approve the divisional budget.
(4) To adopt a resolution of confidence or no confidence in the Divisional President.
4. The Divisional Secretary
Article 64: Appointment and Dismissal
The Divisional President shall appoint the Divisional Secretary in consultation with his Council. The Divisional Secretary shall remain in office as long as the Divisional President is satisfied with his work.
Article 65: Duties and Oath
(1) The Divisional Secretary shall be the aide and representative of the Divisional President in all affairs of the Jama'at in the division. He shall perform the duties assigned to him by the Divisional President and shall be answerable to him.
(2) Before assuming office, the Divisional Secretary shall take before the Divisional President the oath given in Appendix 3 of this Constitution.
Part VI: District Organisation (Zilae Tanzeem)
1. Scope and Structure
Article 66: Scope and Structure of the District Organisation
(1) The Provincial President shall determine the boundaries of the Jama'at's organisational districts in consultation with his Council.
(2) The district organisation shall consist of the District President, District Council and District Secretary, unless local circumstances require another arrangement temporarily.
(3) The district organisation shall be subordinate to the divisional organisation and shall maintain contact with higher organisational levels through it.
(4) Members of the Jama'at in the district shall be bound to obey the district organisation.
2. The District President
Article 67: Status and Accountability
The district organisation shall be headed by a person called the “District President”. His position shall be that of a representative of the Central President, and he shall be answerable to the Presidents of higher organisational levels.
Article 68: Appointment and Dismissal
The Central President shall appoint or dismiss the District President in consultation with the Provincial and Divisional Presidents. In doing so, he shall give the fullest possible consideration to the opinions of members of the district while keeping the Jama'at's interests in view. The District President shall be appointed for two years.
Article 69: The Oath
Before assuming office, the District President shall take the oath given in Appendix 1 of this Constitution before the Provincial President or a person or persons appointed by him.
Article 70: Duties and Powers of the District President
The District President shall be responsible for the entire organisation of the Jama'at in his district. His duties and powers within the district shall be fundamentally the same as those of the Divisional President within the division (Articles 56 and 57).
3. The District Council
Article 71: Establishment of the District Council
A District Council shall be established only in a district with at least 20 members of the Jama'at or at least five local units, unless the Provincial President considers that the requirements of a particular district call for a variation of this rule.
Article 72: Election and Tenure
(1) The District Council shall be directly elected by the members of the Jama'at in the district.
(2) The District President shall determine the number of members of the Council.⁷
(3) Members of the Council shall be elected for two years.
Article 73: Chair and Secretary
The District President shall be the Chair of the District Council, and the District Secretary its ex officio member and secretary.⁸
Article 74: The Inaugural Session
The District President shall convene the inaugural session of the new District Council within one month of its election. Every member shall individually take the oath before the District President in accordance with Appendix 2 of this Constitution. Afterwards, the District President shall inform them of their duties and responsibilities and of the Jama'at's prevailing circumstances and state of affairs in the district.
Article 75: Relationship between the District President and the District Council
(1) Where a District Council is established, the District President shall decide all important matters, apart from day-to-day affairs, in consultation with the District Council.
(2) Any dispute between the District President and the Council shall be referred to the Presidents of higher organisational levels.
Article 76: Ordinary Sessions
The District Council shall hold three ordinary sessions each year.
Article 77: Extraordinary Session
An extraordinary session of the District Council may be convened at any time in the following circumstances:
(a) The District President considers it necessary.
(b) At least one-fourth of the Council's members request it in writing. In this case, the session shall be held within 15 days.
(c) In the absence of the District President, the District Department for Organisational Affairs considers it necessary.
(d) A President of a higher organisational level orders that a session be held.
Article 78: Duties and Powers of the District Council
The duties and powers of the District Council and its members within the district shall be the same as those of the Divisional Council and its members within the division (Article 63).
4. The District Secretary
Article 79: Appointment, Dismissal and Oath
(1) A District Secretary shall normally be appointed in districts where District Councils exist. The District President shall make this appointment in consultation with his Council.
(2) Before assuming office, the District Secretary shall take before the District President the oath given in Appendix 3 of this Constitution.
(3) The District Secretary shall remain in office as long as the District President is satisfied with his work.
Article 80: Duties
The District Secretary shall be the aide and representative of the District President in all affairs of the Jama'at in the district. He shall perform the duties assigned to him by the District President and shall be answerable to him.
Part VII: Local Organisation and Individual Members
Article 81: Local Units and Individual Members
(1) A Local Unit shall be established wherever there is more than one member of the Jama'at.
(2) Members living within the boundaries of a Local Unit shall be bound to obey the local organisation.
(3) Each Local Unit shall be subordinate to the district, divisional and provincial organisations and shall maintain contact with the Centre through them.
(4) Where there is only one member in a locality, he shall maintain contact with the District President and work under his guidance and supervision.
Article 82: Appointment and Oath of the Local President
(1) Members of each Local Unit shall propose the most competent person among them for the Presidency and obtain the Central President's approval through the Presidents of higher organisational levels. This appointment shall be for two years.
(2) Before assuming office, the Local President shall take the oath given in Appendix 1 of this Constitution at a meeting of the Local Unit.
Article 83: Assuming Office Pending Approval
If, for any reason, timely approval from the higher organisational levels cannot be obtained, the proposed Local President shall take the oath of office and assume responsibility in anticipation of approval.
Article 84: Status, Appointment and Dismissal of the Local President
(1) The Local President's position within the Unit shall be that of a representative of the Central President, and he shall be answerable to the Presidents of higher organisational levels.
(2) The power to appoint and dismiss the Local President shall vest in the Central President. In doing so, he shall give the fullest possible consideration to the opinions of members of the Local Unit, together with those of the district, divisional and provincial organisations.
Article 85: Duties and Powers of the Local President
The Local President's duties and powers within the Unit shall be fundamentally the same as those of the Divisional President within the division (Articles 56 and 57).
Article 86: Establishment and Tenure of the Local Council
If the Local President considers it necessary, he may establish a Local Council in consultation with the members of the Unit. The term of the Local Council shall be two years.
Article 87: Rules Governing the Local Council
The rules governing the Local Council shall be fundamentally the same as those prescribed for the District Council under Articles 72 to 78.
Part VIII: Organisation of Women (Khawateen Nazm)
Article 88: Organisation of the Women's Wing
The organisation of women members and associates of the Jama'at shall be separate from that of male members and associates.
(1) There shall be a Secretary of the Women's Wing of Jama'at-e-Islami Pakistan, appointed for three years by the President of Jama'at-e-Islami Pakistan after taking into account the opinions of women members throughout the country. She shall remain in office as long as the President is satisfied with her work and performance.
(2) The duties and powers of the Secretary of the Women's Wing within the women's organisation shall be the same as those of the Secretary General under Article 35(4).
(2a) There shall be ten seats for women in the Central Council of Jama'at-e-Islami Pakistan, filled by women members electing representatives from among themselves. The Secretary of the Women's Wing shall be an ex officio member of the Central Council.
(3) There shall be a Women's Council to assist and advise the Secretary of the Women's Wing. It shall consist of no more than 25 members, elected by women members of the Jama'at in proportion to the membership of each province. Every province with at least one woman member shall have at least one woman representative.
(4) The Women's Council shall be elected for three years.
(5) There shall be a Working Committee of the Women's Wing consisting of eight members selected by the Secretary of the Women's Wing from among the members of the Women's Council.
(6) The Provincial Head of the Women's Wing shall be appointed for three years. The Provincial Women's Council shall be elected for two years. Divisional and District Heads shall be appointed for two years.⁹
(7) The organisational structure of the Women's Wing shall generally follow that of the men's organisation. If an alternative arrangement is required in any locality, the Women's Council may make it with the approval of the Central President.
(8) A Fund shall be established at every level of the Women's Wing: Central, Provincial, District, Local or Regional.
(9) The scrutiny and audit of these Funds shall be conducted in accordance with the rules and regulations approved by the President.
(10) Each organisational level of the Women's Wing shall work under the guidance of the corresponding level of the Jama'at's organisation.
As a general rule, the same woman shall be appointed as Secretary or Head (Nazima) for no more than two consecutive terms, after which responsibility shall be entrusted to another woman. If the Jama'at's requirements so demand, a woman who has completed two terms as Secretary or Head may be appointed again for a maximum of two terms after an interval of one term. These are general policy guidelines. Where no alternative arrangement is possible, the same woman may be appointed repeatedly as Secretary or Head (Nazima).
⁹ See Appendix 4, clause 5.
Part IX: Dismissal from Positions in the Jama'at
1. Dismissal of Council Members
Article 89: Grounds for Dismissal from the Council
A member of a Council, whether central or subordinate, shall be removed from that Council if he:
(a) Ceases to be a member of Jama'at-e-Islami Pakistan; or
(b) Absents himself from two consecutive sessions of his Council without a valid reason; or
(c) Resigns from the Council and the relevant President accepts his resignation; or
(d) Receives a vote of no confidence passed by at least a two-thirds majority at an assembly of members from his constituency.
2. Expulsion or Disciplinary Suspension from the Jama'at
Article 90: Grounds and Procedure for Expulsion or Disciplinary Suspension
(1) A member may be expelled from membership or suspended as a disciplinary measure only if he:
(a) Deviates from his covenant of membership in word or deed; or
(b) Violates the Jama'at's discipline; or
(c) Acts contrary to the Jama'at's announced policy; or
(d) Commits an act damaging to the Jama'at's moral and religious standing; or
(e) Shows through his conduct that his association with the Jama'at is not sincere; or
(f) Ceases to take an interest in the Jama'at's work.
(2) If a District President, either on his own assessment or on the report of a subordinate President, considers that a member of his district has violated any provision of clause (1) to an extent warranting expulsion or disciplinary suspension for a specified period, he shall forward his report to the Central President through the Presidents of higher organisational levels.
(3) The final decision on expulsion or disciplinary suspension shall rest with the Central President. Disciplinary suspension shall not exceed one year. A Provincial, Divisional or District President may, if he considers it necessary, temporarily suspend membership pending the Central President's decision.¹⁰
3. Dissolution and Suspension of Subordinate Units
Article 91: Authority to Suspend or Dissolve a Subordinate Unit
If the Jama'at's needs and interests so require, the President may suspend a subordinate unit and, in consultation with his Working Committee, dissolve it.
Article 92: Reporting to the Council
All matters concerning the suspension or dissolution of subordinate units, or the expulsion of members, arising since the Council's previous session shall be presented at its next session.
4. Limits of Disagreement within Jama'at-e-Islami Pakistan
Article 93: Rights and Limits of Disagreement
Members who remain committed to their covenant to abide by the Jama'at's Constitution, but differ from the Jama'at's decisions concerning practical methods of realising its mission, shall observe the following limits:
(1) They shall have the full right to express their differences of opinion at an assembly of members. They shall not, however, use the press or any public platform for this purpose, nor canvass individual members of the Jama'at.
(2) They shall accept decisions reached by majority vote as decisions of the Jama'at. They shall, however, have the right to seek changes to those decisions at the relevant assembly of members, within the prescribed limits.
(3) A member who expresses disagreement with the Jama'at's established policy shall no longer hold a position that requires the implementation or interpretation of that policy.
Part X: Financial System
1. Establishment of Funds (Bayt al-Maal)
Article 94: Establishment and Management of Funds
(1) A Local Fund shall be established for the Local Organisation, a Regional Fund for the region, a District Fund for the district, a Divisional Fund for the division, a Provincial Fund for the province, and a Central Fund at the Centre. An exception may be made where the Council at a higher organisational level considers a separate Fund unnecessary or considers one Fund sufficient in place of separate Funds in a particular area.
(2) All powers concerning the management of these Funds shall vest in the President.
2. Sources of Fund Income
Article 95: Sources of Income
The income of the Jama'at's Funds shall be derived from:
(1) Members of the Jama'at and others interested in its work, through:
(a) Contributions.
(b) Zakat and Ushr.
(c) Charity (Sadaqaat).
(2) Subordinate Funds.
(3) Profits from the Jama'at's publications.
(4) Profits from the Jama'at's bookshops.
(5) Luqta (lost and found property): property found in the Jama'at's offices or places of assembly that may be deposited in the Fund under the rules of the Shari'ah.
(6) Income from the Jama'at's properties.
(7) Income from properties endowed for the Jama'at.
Explanation: Members of the Jama'at shall compulsorily deposit their Zakat, Ushr and obligatory charity in the Jama'at's Fund.
3. Powers to Spend from Funds
Article 96: Expenditure and Audit
(1) Each Fund shall be under its respective President, who shall have the power to spend from it on any work of the Jama'at. Each President shall, however, be answerable to his Council and the Presidents of higher organisational levels.
(2) The Central President shall be answerable to the Central Council for the Fund's income and expenditure.
(3) The accounts of the Central Fund shall be audited annually by an auditor appointed by the Council, and the auditor's report shall be presented to the Council.
Part XI: Miscellaneous
Criticism and Accountability, Making Rules and Regulations, Constitutional Amendment, and Explanation of Terms
1. Freedom of Criticism and Accountability
Article 97: Criticism and Accountability
(1) Every member of the Jama'at shall have the right to criticise and hold accountable the Central Organisation at the General Assembly, the Provincial Organisation at the Provincial Assembly, the Divisional Organisation at the Divisional Assembly, the District Organisation at the District Assembly, and the Local Organisation at the Local Assembly. In doing so, he shall remain within the limits of the Shari'ah and ethics and shall not adopt a manner damaging to the Jama'at.
(2) A member who objects to a decision of the President or the Council, or wishes to ask a question about it, shall have the right to:
(a) Have the matter presented to the Central Council through one of its members; or
(b) Present it personally at the General Assembly, provided that he forwards his question or objection to the Secretary General within ten days of the announcement of the General Assembly session.
(3) The Central Council shall determine the methods and procedures for criticism, accountability, objections and questions at the General Assembly.
2. Powers to Make Rules and Regulations
Article 98: Rule-Making Powers
The President, in consultation with the Working Committee, may formulate the rules and regulations required to realise the purposes of this Constitution.
3. Procedure for Constitutional Amendment
Article 99: Constitutional Amendments
(1) Only a constitutional amendment proposal included in the agenda shall be considered at a session of the Central Council, and fifteen days' notice shall be necessary. The Council shall endeavour to decide the proposed amendment by consensus. If opinions differ, the decision of a simple majority of the Council's total membership shall be deemed the decision of the Council.
(2) A member wishing to propose a constitutional amendment shall submit it clearly and concisely in writing to the Secretary General at least 20 days before the Council's session. The proposal shall be included in the agenda after approval by the President, the Working Committee or a committee appointed by it. Clear and concise proposals submitted by Council members shall necessarily be included in the agenda, provided that they reach the Secretary General at least 30 days before the session.
4. Explanation of Terms
Article 100: Definitions
Unless the context explicitly requires otherwise, the terms used in this Constitution shall have the following meanings:
(1) “Jama'at” and “Jama'at-e-Islami” mean Jama'at-e-Islami Pakistan.
(2) “President” and “Central President” mean the President of Jama'at-e-Islami Pakistan.
(3) “Permanent President” means the President elected by the Jama'at's members under Article 17.
(4) “Interim President” means the President elected by the Central Council's members under Article 17(6).
(5) “Acting President” means the President appointed by the Central President under Article 17(7).
(6) “Council” and “Central Council” mean the Central Council of Jama'at-e-Islami Pakistan.
(7) “Working Committee” and “Central Working Committee” mean the Central Working Committee of Jama'at-e-Islami Pakistan.
(8) “Subordinate Presidents” means the Presidents of the Provincial, Divisional, District, Regional and Local organisations of Jama'at-e-Islami Pakistan.
(9) “Jama'at members” means members throughout Pakistan where the matter concerns the Central Organisation, and members of the relevant area where it concerns a subordinate organisation.
(10)(a) “Organisational Province” and “Province” are synonymous and mean an area declared by the President to be an organisational province of the Jama'at.
(b) “Organisational Division” and “Division” are synonymous and mean an area declared by the President to be an organisational division of the Jama'at.
(11) “Organisational District” and “District” are synonymous and mean an area declared by the President to be an organisational district of the Jama'at.
(12) “Local Unit”, “Local Jama'at” and “Organisational Unit” are synonymous and mean a territory declared an organisational unit by the District Council of the Jama'at.¹¹
(13) “Central Department for Organisational Affairs” means the department operating at the Centre to manage the Jama'at's organisational affairs.
(14) “Central Department” means a department declared as such by the President, the Working Committee or the Central Council (Article 37).
(15) “Departments for Organisational Affairs” in the provinces, divisions and districts mean their respective Secretariats.
(16) “General Assembly” means an assembly to which all members of the Jama'at, or their elected delegates, are invited.
¹¹ Article 100(12) was revised in June 2021.
Appendix 1: Oath of Office for the President
Related to Articles 18, 41, 55, 69, 82 and 83
I ____________, son of ____________, having been appointed/elected President of Jama'at-e-Islami ____________, invoke Allah, the Lord of the entire Universe, as witness and affirm that:(1) I shall place obedience and loyalty to Allah and His Messenger (PBUH) above everything else.(2) I shall consider wholehearted service to the Jama'at's mission my foremost obligation.(3) I shall give preference to the Jama'at's interests and the responsibilities of its work over my own person and personal benefits.(4) I shall decide among the Jama'at's members with justice and honesty.(5) I shall protect the trusts placed in my care and fully safeguard the Jama'at's system.(6) I shall abide by the Jama'at's Constitution and remain loyal to it.May Allah help me fulfil this covenant. Aameen.
Appendix 1(a): Oath of Office for the Vice President
Related to Articles 19(4)(c) and 21(3)(b)
I ____________, son of ____________, having been appointed Vice President of Jama'at-e-Islami ____________, invoke Allah, the Lord of the entire Universe, as witness and affirm that:(1) I shall place obedience and loyalty to Allah and His Messenger (PBUH) above everything else.(2) I shall abide by the Jama'at's Constitution and remain loyal to it.(3) I shall perform with sincerity and honesty the duties assigned to me as Vice President.(4) I shall do my best to rectify any defect I find in the Jama'at's system and work.May Allah help me fulfil this covenant. Aameen.
Appendix 2: Oath of Council Membership
Related to Articles 22, 45, 59, 74 and 87
I ____________, son/daughter/wife of ____________, having been elected by the members of Jama'at-e-Islami ____________ as a member of the Council of Jama'at-e-Islami Pakistan, invoke Allah, the Lord of the entire Universe, as witness and affirm that:(1) I shall place obedience and loyalty to Allah and His Messenger (PBUH) above everything else.(2) I shall abide by the Jama'at's Constitution and the Council's rules and remain loyal to them.(3) I shall never absent myself from the Council's sessions without a valid excuse admissible under the Shari'ah.(4) I shall frankly express my true opinion on every matter according to my knowledge, faith and conscience, and shall never conceal it.(5) I shall do my best to rectify any defect I find in the Jama'at's system and work.May Allah help me fulfil this covenant. Aameen.
Appendix 2(a): Oath of Office for the Chair and Members of the Election Commission
Related to Article 37(a)
I ____________, son of ____________, having been appointed Chair/member of the Election Commission for the elections of Jama'at-e-Islami Pakistan, invoke Allah, the Lord of the entire Universe, as witness and affirm that:(1) I shall place obedience and loyalty to Allah and His Messenger (PBUH) above everything else.(2) I shall abide by the Jama'at's Constitution and remain loyal to it.(3) I shall perform my duties for conducting elections under the Jama'at's Constitution with sincerity, honesty, responsibility and impartiality.May Allah help me fulfil this covenant. Aameen.
Appendix 2(b): Oath of Office for the Chair and Members of the Election Tribunal
Related to Article 37(b)
I ____________, son of ____________, having been appointed Chair/member of the Election Tribunal for the elections of Jama'at-e-Islami Pakistan, invoke Allah, the Lord of the entire Universe, as witness and affirm that:(1) I shall place obedience and loyalty to Allah and His Messenger (PBUH) above everything else.(2) I shall abide by the Jama'at's Constitution and remain loyal to it.(3) I shall perform my duties as Chair/member of the Election Tribunal with sincerity, honesty, responsibility and impartiality.May Allah help me fulfil this covenant. Aameen.
Appendix 3: Oath of Office for the Secretary General
Related to Articles 35, 51, 65 and 79
I ____________, son of ____________, having been appointed Secretary General of Jama'at-e-Islami ____________, invoke Allah, the Lord of the entire Universe, as witness and affirm that:(1) I shall place obedience and loyalty to Allah and His Messenger (PBUH) above everything else.(2) I shall abide by the Jama'at's Constitution and remain loyal to it.(3) I shall perform my duties as Secretary General with sincerity and honesty.(4) I shall do my best to rectify any defect I find in the Jama'at's system and work.May Allah help me fulfil this covenant. Aameen.
Appendix 4: Interpretations and Explanations of Articles by the Central Council
1. Interpretation of Article 17(7)
A temporary vacancy in the President's office may be filled by a temporary appointment. Such an appointment shall last only as long as the vacancy. When the cause of the temporary vacancy ceases, the temporary arrangement shall automatically end.
September 1973
2. Interpretation of Article 72
For an election of the District Council, the total seats may be allocated among tehsils, and elections may be held through constituencies formed on that basis.
November 1974
3. Interpretation of Article 88
The separation of the women's organisation from the men's organisation does not deprive women members of their right, established by previous decisions of the Central Council, to vote in elections of the men's Local Unit. Women members have the right to vote in the election of the Local President. They shall not, however, be called to account if they do not exercise that right.
January 1978
4. Explanation of Article 90
After ordering the suspension of a member, the relevant President shall promptly forward the case, with the necessary details, to the Central President for approval. If the Central President considers the grounds for suspension insufficient, or investigation establishes that the allegation is unfounded, he shall restore the member's membership.
June 1954
Before recommending expulsion or disciplinary suspension, the District President shall issue the member a show-cause notice. If the member's explanation is unacceptable, a recommendation for expulsion or disciplinary suspension may be forwarded to the higher organisational level. The District President may also temporarily suspend the member, if necessary, when forwarding the recommendation. Ordinarily, fairness requires a show-cause notice and an opportunity to respond or explain before temporary suspension as well. Suspension shall be as brief as possible and shall not continue beyond a reasonable period.
January 1986; December 2019
Procedure for Accepting a Resignation from Membership
A member belonging to a Local Unit who wishes to resign shall submit the resignation to the Local President. The Local President shall forward it, with his comments, to the District President, who shall forward it with his recommendation to the Provincial President. The Provincial President may accept or reject it. An appeal against that decision may be made to the Central President.
A member who does not belong to a Local Unit shall submit his resignation to the District President, who shall forward it with his recommendation to the Provincial President for approval.
January 1986
Procedure for Reinstating an Expelled Member or a Member Who Has Resigned
Approval of an application for reinstatement by an expelled member or a member who has resigned shall rest with the Central President. The Provincial President, like the District President, shall forward the application with his recommendation to the Central President.
January 2003
5. Explanation of Articles 40, 54, 68 and 82
Keeping in view the interests of the movement and the preparation and training of alternative leadership, arrangements shall generally be made at local, district, divisional¹² and provincial¹³ levels so that a member is appointed as President or Head (Nazima) for no more than three consecutive terms, after which responsibility shall generally pass to another suitable member.
After an interval of one term, a person who has already completed three terms as President or Head may be appointed again. These are general policy guidelines. Where no alternative arrangement is possible, the same member may be entrusted with the responsibility repeatedly with the Central President's permission.
August 2019
6. Explanation of Article 21(3)(b)
The Vice President or Vice Presidents at each organisational level shall be ex officio members of the Council at that level and shall also take the oath of Council membership.
December 1969
7. Explanation of Articles 62(b) and 77(b)
To requisition sessions of the Divisional and District Councils, written requests from one-fourth of their respective total memberships shall be required, in place of requests from three and two members respectively.
December 1994
Appendix 5: Evolutionary Stages of the Jama'at's Constitution
The first Constitution of Jama'at-e-Islami was drawn up and unanimously approved by its 75 founding members on the day of its establishment, 2 Sha'ban al-Mua'azzam 1360 AH, corresponding to 26 August 1941. It remained in force for eleven solar years, from 26 August 1941 to 26 August 1952.
Following the partition of India on 14 August 1947, Jama'at-e-Islami in undivided India separated into Jama'at-e-Islami Pakistan and Jama'at-e-Islami India. After partition, particularly after the adoption of the Objectives Resolution on 12 March 1949, when Pakistan became in principle a Dar-ul-Islam, Jama'at-e-Islami Pakistan found its first Constitution insufficient for the changed circumstances and challenges. Several amendments and additions were needed.
At the All Pakistan General Convention held in Karachi from 10 to 13 November 1951, the members elected a Constitution Reform Committee and entrusted it with reorganising the Constitution. The Constitution prepared by that committee came into force on 26 August 1952.
Further revision became necessary soon afterwards. Although a Constitution Reform Committee had been appointed, the review was delayed for several years. From 1952 to 1956, the Jama'at was engaged in a countrywide campaign for Parliament to adopt an Islamic Constitution. In addition, on 11 May 1953, a military court sentenced the Jama'at's founder and Ameer, Mawlana Syed Abul A'la Maududi, to death. Two days later, on 13 May, the sentence was commuted to life imprisonment. He was released following the Lahore High Court's decision of 28 April 1955.
Responding substantially to popular demands, Pakistan's Constituent Assembly adopted a Constitution on 29 February 1956 and decided to establish the Islamic Republic of Pakistan. The Constitution came into force on 23 March 1956. Its preamble incorporated the historic Objectives Resolution, stating that sovereignty belongs to Allah alone and that the powers exercised by Pakistan's people within the limits prescribed by Him are a sacred trust. It also provided that no law repugnant to Islam would be enacted and that existing laws would be brought into conformity with the Qur'an and the Sunnah.
This significant change in the country's constitutional and collective system was partly the result of the Jama'at's sustained struggle. Its message and organisation expanded considerably. After reviewing the problems arising from that expansion, the All Pakistan Members' Convention, held from 12 to 17 February 1957, corresponding to 16 to 20 Rajab al-Marjab 1376 AH, dissolved the Constitution Reform Committee and adopted the following three resolutions.
Resolution 1
The continuing expansion of Jama'at-e-Islami Pakistan, the increasing burden of work, practical experience, and organisational and other requirements necessitate changes to its Constitution. This General Assembly of Members therefore adopts the following amendments:(1) Ultimate responsibility for running the organisation and the Islamic Movement shall rest with the President, who shall be answerable to the Central Council and the Jama'at's members.(2) The President shall formulate the Jama'at's policies and decide important matters in consultation with the Central Council.(3) The President shall have the power to select his Working Committee from among the Central Council's members. The Working Committee shall have the powers assigned to it in the new Constitution.(4) Where urgent action on an important matter is necessary and neither the Central Council nor the Working Committee can be convened, the President may act after consulting those members of either body who can be consulted.(5) The President may appoint Vice Presidents to assist him. They may perform the duties and exercise the powers delegated to them.(6) The Central Council shall have at least fifty members. Before each election, its seats shall be distributed among the organisational constituencies in proportion to their membership, with at least one seat for every constituency.(7) Jama'at members may attend Central Council sessions as observers. The President may withdraw that permission for a particular session in the Jama'at's interests.(8) The President shall be removed from office if a no-confidence resolution against him is passed by a two-thirds majority of the Central Council's total elected membership.(9) The Central Council shall have the power to interpret and amend the Constitution.
Resolution 2
Members who remain committed to their pledge to abide by the Jama'at's Constitution, but differ from its decisions concerning practical methods of realising its mission, shall observe the following limits:(1) They shall have the full right to express disagreement at the Jama'at's assemblies, but shall not use the press or public platforms for that purpose, nor conduct private canvassing among individual members.(2) They shall accept and abide by majority decisions as decisions of the Jama'at. They may seek to change them within the prescribed limits at the relevant assemblies.(3) A member who expresses disagreement with the Jama'at's declared policy shall not hold a position requiring him to implement that policy.
Resolution 3
This All Pakistan Members' Convention of Jama'at-e-Islami Pakistan resolves that:(1) The next elected Central Council shall redraft the Constitution on the basis of Resolutions 1 and 2.(2) Amendments submitted to the Constitution Reform Committee elected at the General Assembly of 1955 shall be handed over to the new Central Council.(3) The new Central Council shall be elected before 31 March 1957.(4) The existing Central Council shall remain in office until the new Council is elected.
Adoption and Subsequent Amendments
In accordance with these resolutions, the Central Council was elected before 31 March 1957. Its first session was held from 19 to 26 May 1957 at the residence of Sardar Muhammad Khan Sahib in Kot Sher Singh, District Lahore. Forty-five of its fifty members attended. The entire Constitution was approved unanimously except Article 34(6), on which a vote was taken: four members voted against it and two abstained.
The Constitution was approved on 25 Shawwal 1376 AH, corresponding to 26 May 1957, and came into force on 2 Dhul-Qa'dah 1376 AH, corresponding to 1 June 1957.
Within a year and a half, President Iskander Mirza and Commander-in-Chief General Muhammad Ayub Khan imposed martial law. The country's Constitution was abrogated, the National and Provincial Assemblies were dissolved, and political parties were banned. The Jama'at's organisation remained suspended for three years and nine months. Following the restoration of a constitutional system in June 1962, political parties were restored under the Political Parties Act on 16 July 1962. The Jama'at resumed its activities the next day.
An All Pakistan Convention was held in Lahore from 25 to 27 October 1963. Constitutional amendments were envisaged in response to changed circumstances. However, provincial officials banned loudspeakers at a gathering attended by more than seven thousand permanent delegates and thousands of other participants, and attempted to disrupt it through an armed group of notorious local men. A pistol fitted with a silencer was fired at the President during his opening address. When that attempt failed, an innocent worker, Allah Bakhsh Shaheed, was shot dead. The resulting changes to the Convention's programme prevented consideration of the intended constitutional reforms.
When these measures failed to halt the Jama'at's advance, the government declared it unlawful on 6 January 1964 on false accusations. The President, Secretary General and entire Central Council, numbering 54 leaders in all, were imprisoned indefinitely, and the Jama'at's offices throughout the country were sealed. On 25 September 1964, the Supreme Court declared the action unlawful. Following that decision, the Jama'at, by Allah's grace, resumed its activities throughout Pakistan with renewed strength.
On 9 October 1964, the High Court allowed a writ petition and released all 54 leaders, including the President.
The Central Council had established a provincial organisation in East Pakistan in October 1963. A similar organisation was now urgently required in West Pakistan, where no structure existed for provincial work. This required constitutional amendments. Other proposals had also been received from members and subordinate Jama'ats.
A committee compiled these proposals and presented them at the Central Council's session of 1 to 6 March 1965. Other important business prevented their consideration. The Council therefore decided to convene a special session between June and December and invite further proposals in the meantime.
The committee was reconstituted and brought together the new and earlier proposals. The President called a special session in Lahore for 17 September 1965. However, India's attack on Pakistan on 6 September and the ensuing war required its postponement.
The proposals were eventually considered at the Central Council's annual session in Lahore from 8 to 14 December 1965. After three days of discussion, the necessary amendments and additions were approved unanimously.
The most important amendments established the details of the provincial system in Part IV of the revised Constitution. Terms of office were fixed for subordinate Presidents, as already provided for the Central President. The President's casting vote and its use were clarified. The Secretary General's regular membership of the Central Council was specified, and Provincial Presidents and Secretaries became ex officio members.
These amendments took effect on 1 Shawwal 1385 AH, corresponding to 24 January 1966. The fourth edition of the Constitution, incorporating the amendments and additions, was published that month.¹⁴
Further amendments were approved at the Central Council's session of 17 to 21 May 1967. Most addressed needs identified during implementation of the provincial system. They took effect on 21 May 1967, the date of their approval. The fifth edition, incorporating them, was published in November 1969.¹⁵
The divisional system was discontinued at the Central Council's session of 18 to 23 August 1971, corresponding to 26 Jumada al-Akhirah to 1 Rajab 1391 AH.¹⁶ This raised the question of electoral constituencies, because organisational divisions had also served as constituencies for Central Council elections. Following the establishment of provincial organisations in all five provinces, some also considered Provincial Secretaries' ex officio membership of the Central Council unnecessary.
As these were administrative matters, the Central Council appointed a committee to examine them and recommend amendments to the President. It also delegated to the President the power to approve the necessary amendments in light of the committee's recommendations. Accordingly, the President amended Articles 16, 21, 23(2), 30(2), 34(2) and 69. These changes took effect on 15 Sha'ban 1391 AH, corresponding to 6 October 1971.
In January 1978, amendments to Articles 58(4) and 73 clarified that Divisional and District Secretaries were ex officio members and secretaries of their respective Councils.
In February 1982, the Central Council increased the Working Committee's membership from twelve to fifteen.
At its sessions in April and December 1987, the Central Council considered numerous proposals and approved changes of an ordinary or textual nature to Articles 12, 15, 19, 30, 31, 32, 33, 88 and 99. A new article concerning the constitutional amendment procedure and Appendix 6 were also added.
At the Central Working Committee's meeting on 6 June 2007, a committee was tasked with preparing comprehensive constitutional amendments in light of changing political and social conditions, the expansion of the Jama'at's work and organisation, and proposals received over time.
After several meetings, the committee presented its proposals at Central Council sessions in December 2009 and June 2011. Twenty amendments were approved. The most significant concerned the Women's Wing. Its details, previously contained in Appendix 6, were revised and incorporated into Part VIII. Other amendments, besides correcting printing errors and wording, concerned Local Presidents and extensions to the terms of Local and District Councils.
These amendments were to take effect from the new organisational year beginning on 1 November 2011 and were therefore to be observed in the election process starting before that date.
Towards the end of 2013, the Planning Committee was asked to consider how the Jama'at could extend its influence and message in changing circumstances. After individual and collective meetings with office-bearers at different levels, it prepared a document entitled “Organisational Reforms”.
Following extensive discussion, the Central Council approved most of its proposals at the session of 30 April to 1 May 2015. Some required constitutional amendments. The Constitutional Affairs Committee therefore prepared the amendments necessary to implement the Organisational Reform Committee's recommendations.
The resulting draft was presented to the Central Council on 3 October 2015 and approved unanimously. The amendments included an Election Tribunal, women's seats in the Central Council and the selection of half the Central Working Committee's members.
At the Central Council's session of 5 to 7 July 2019, a committee reported on appointments of Provincial Presidents and Women's Wing Heads (Nazimat) at provincial, divisional, district and local levels. In light of its report, the President approved a maximum of three terms for these appointments.
At the Central Council's session on 27 December 2019, recommendations of the Constitutional Affairs Committee were approved. Articles 25(2)(a), 48(b), 62(b) and 77(b) were amended to specify the maximum period for convening a Council session following members' requests.
Article 90 was also amended to provide for disciplinary suspension in addition to expulsion. Clause 4 of Appendix 4 was amended to explain the procedure for expulsion and disciplinary suspension.
At its session of 2 to 4 January 2021, the Central Council amended Articles 37(a) and 37(b), constituting the Election Commission and Election Tribunal and approving their procedures, scope and powers.
At the Central Working Committee's meeting on 3 June 2021, a coordination committee concerning the Jama'at's organisational and financial years and appointments of subordinate Presidents presented its recommendations. Changes were consequently made to the organisational cycles and performance-reporting periods of units below the district level, including zones, tehsils and Local Units.¹⁷
At the same meeting, rules for electing the President and for conducting the elections and preference polls specified in Article 37(a) were approved.
At its session of 25 to 27 June 2021, the Central Council amended Article 100(12), defining “Local Unit”, “Local Jama'at” and “Organisational Unit” afresh.
Secretary General
Jama'at-e-Islami Pakistan
July 2021
Historical Footnotes
¹⁴ At this session, amendments and additions were approved to Articles 11, 17(B), 19(4C), 20, 20, 21(1)(a), 21(2), 21(2), 21(2b), 21(5) and 34(1); the entirety of Part IV, Articles 38 to 51; and Articles 65, 81(3), 82(1) and 84(2).
Since these amendments fixed subordinate Presidents' terms, the Council also decided that Provincial, Divisional, District and Local Presidents should be appointed afresh, with their terms beginning together on 1 November 1966. Appointments to these offices would therefore take effect from 1 November. If an office became vacant before its term expired, the replacement would be appointed for the remainder of that term.
¹⁵ At this session, amendments and additions were approved to:
- Part IV: Articles 43(1a), 43(3), 44(1), 51a and 51b.
- Part V: Articles 52(1), 53, 54, 56(2), 56(3), 56(6), 57(5), 58(1x), 60(2), 62(d) and 63(1).
- Part VI: Articles 66(1), 66(3), 67, 68, 71, 72(1), 75(2) and 77(d).
- Part VII: Articles 84(1), 90(2), 90(3) and 91.
- Part X: Article 94.
- Part XI: Articles 97(1), 99(8), 99(10a) and 99(16).
- Appendix 1.
Most of these changes followed from the incorporation of the provincial system into the Constitution.
At the Council's session in Lahore from 17 to 22 November 1969, Vice Presidents were made ex officio Council members through the addition of Article 21(2b).
¹⁶ On the Sindh Provincial Council's recommendation and with the President's approval, the divisional system was restored in Sindh on 9 February 1986. It was subsequently restored in Punjab in early January 1989.
¹⁷ The coordination committee presented its recommendations at the Central Working Committee's meeting on 3 June 2021. The financial year would remain 1 July to 30 June. The organisational cycle for divisions and districts would remain 1 November to 31 October, with new appointments taking effect on 1 November.
The cycle for subordinate units below the district level, including zones, tehsils and Local Units, would run from 1 December to 30 November, with new appointments taking effect on 1 December.
Annual action plans and performance reports would cover 1 January to 31 December.
New appointments of the Women's Wing Secretary General and district office-bearers would take effect in November. Women's Wing units below district level, including zones, tehsils and Local Units, would follow the cycle of 1 December to 30 November, with appointments taking effect on 1 December.
Appendix 6
Note: This appendix formerly contained details of the Women's Wing. Those provisions were incorporated into Part VIII through the constitutional amendments of December 2009 and June 2011.
Rules of the General Assembly at the All Pakistan General Convention
Under Article 97, members who object to decisions of the Central Organisation, the President, the Central Council or the Working Committee have the right to criticism and accountability. They must observe the limits of the Shari'ah and ethics and avoid any manner harmful to the Jama'at. The Central Council has approved the following rules for General Assembly meetings:
(1) Members' objections or questions shall reach the Secretary General two weeks before the General Assembly.
(2) Questions or objections concerning events arising after the submission deadline but before the Assembly shall be submitted in writing at least two days before the session.
(3) Suggestions shall not be presented, as time may be limited and the number of members raising questions or objections may be large.
(4) Similar questions and criticisms shall be combined to avoid repetition, and the names of all members concerned shall be read out.
(5) The President may permit one or more members to speak on a topic.
(6) A member shall be allowed five to seven minutes to speak. The Chair shall determine the order of speakers.
(7) The President, a Vice President, the Secretary General or another central office-bearer designated by the President shall respond to a question or objection.
(8) Speeches shall be addressed to the President or Chair, including responses to another person. The Chair may interrupt a speaker and address the Assembly whenever necessary.
(9) Members, recognising their responsibilities in one of the Jama'at's most important institutions, shall refrain from:
(a) Using bitter language or speaking harshly to or about other members.
(b) Unduly censuring or ridiculing colleagues.
(c) Displaying anger or indignation.
(d) Participating after making secret counsels in advance, or behaving in a way that creates divisions in the Jama'at.
(e) Obstructing rather than supporting the Jama'at's work.
If a member commits any of these acts, the Chair may, on his own initiative or at another member's request, read this rule aloud to the Assembly as a reminder and instruction to observe it.
Approved at the Central Council's session of 18 to 20 September 1995.
Rules of Proceedings for the Delegates' Convention
Setting the Agenda
(1) When the President decides to convene a Delegates' Convention, the Secretary General shall formally notify delegates in writing, through the District Presidents, of its date, time, duration and venue.
(2) The Secretary General shall prepare the agenda under the President's instructions and guidance.
Questions
(3) A delegate wishing to ask a question shall submit it in writing to the Secretary General at least ten days before the Convention. Questions arising later shall also be submitted in writing, on the first day of the Convention. Answers shall be given at the time allocated for questions.
Suggestions and Advice
(4) Each suggestion shall be submitted clearly and specifically in writing. Its proposer may present supporting arguments verbally, and others may speak for or against it. After allowing reasonable discussion, the President shall close the debate and, if necessary, ask the delegates to vote.
Criticism and Accountability
(5) Delegates objecting to the Central Organisation or decisions of the President, Council or Working Committee shall have a full opportunity for criticism and accountability, within the Shari'ah and ethical limits and without adopting a manner harmful to the Jama'at. The Jama'at's established traditions and the necessary etiquette of criticism and accountability shall be observed.
After the delegates present have exercised this right, relevant letters of criticism and accountability received from general members shall also be presented, and the persons concerned shall respond to them.
Alternate Chairs
(6) The President shall nominate one or more persons to preside over the Convention's sessions in his absence.
Conduct of Discussion
(7) A matter already discussed and decided during a session shall not be reopened during that session.
(8) Ordinarily, the proposer shall have five to seven minutes to speak on a suggestion. Speakers supporting or opposing it shall have three to five minutes. A speaker raising criticism or accountability shall also have three to five minutes. These periods may be increased or reduced in special circumstances.
(9) Speakers shall address the Convention in the order determined by the President. The President may interrupt discussion, address the Convention when necessary, close the debate and direct delegates to decide a suggestion, advice or resolution. Where consensus is not possible, the matter shall be decided by majority opinion.
(10) Speeches and discussion shall remain relevant and shall not repeat points already made by the same or another speaker. The President may stop a delegate who persists in irrelevant discussion.
(11) Every delegate shall address the President, including when responding to another delegate.
(12) The President's decision shall be final on matters not covered by these rules.
(13) Delegates, recognising their responsibilities in one of the Jama'at's most important institutions, shall refrain from:
(a) Using bitter language or speaking harshly to or about other members.
(b) Unduly censuring or ridiculing colleagues.
(c) Leaving the meeting without the President's permission or knowledge.
(d) Displaying anger or indignation.
(e) Participating after making secret counsels in advance, or behaving in a way that creates divisions in the Jama'at.
(f) Obstructing rather than supporting the Jama'at's work.
If a member commits any of these acts, the Chair may, on his own initiative or at another member's request, read this rule aloud to the Convention as a reminder and instruction to observe it.
Rules of Proceedings for Central Council Meetings
Unanimously approved at the Central Council's session on 20 May 1957, at Kot Sher Singh, District Lahore.
Setting the Agenda
(1) When the President decides to convene the Central Council, the Secretary General shall formally notify Council members in writing of the session's date, time, duration and venue.
(2) The Secretary General shall prepare the agenda under the President's instructions and guidance. It shall ordinarily be issued at least fifteen days before the session. In special circumstances, the President may convene a session on less than fifteen days' notice.
(3) A Jama'at member wishing to have a matter included in the agenda shall submit it clearly and specifically in writing to the Secretary General, as a resolution or in another suitable form, within ten days of the announcement of the session.
It shall be included if approved by the President or a committee appointed by the Working Committee. Proposals from Central Council members shall necessarily be included if received within the prescribed period. A proposer submitting a proposal late shall explain the exceptional grounds for accepting it.
Questions
(4)(a) A Council member wishing to ask a question shall submit it to the Secretary General at least five days before the session, unless it arises later. Later questions shall also be submitted in writing. Questions shall be presented at the time allocated for them.
(b) Questions and objections from Jama'at members shall be presented to the Council only through a Central Council member.
Alternate Chairs
(5) For each session, the President shall nominate one or more Council members to preside in his absence.
Daily Business
(6) During a Council session, the following day's business shall ordinarily be specified in advance so that members may prepare.
Conduct of Discussion
(7) An agenda item proposed by the Centre shall be presented by the President, the Secretary General or another person designated by the President. Where a Council member has proposed the item, the President shall ask that member to present it.
(8) A matter already discussed and decided shall not be reopened during the same session unless the President or a majority of the Council considers it necessary.
(9) Ordinarily, no speaker shall speak for more than fifteen minutes during a discussion.
(10) Once a matter is before the Council, another shall not be introduced until it is decided, unless the Council decides to postpone it.
(11) Speakers shall address the Council in the order determined by the President. The President may interrupt discussion and address the Council whenever necessary.
(12) Speeches and discussion shall remain relevant and shall not repeat points already made by the same or another speaker. Other members may draw the President's attention to a violation. The President may stop a speaker who persists in irrelevant discussion or repetition.
(13) Every person shall address the President, including when responding to another Council member.
Closing the Debate
(14) The President may close discussion on a matter and direct the Council to decide it.
Observers
(15) The President may require Jama'at members attending as observers, who are not Council members, to leave the meeting at any time.
(16) Observers shall not interfere with proceedings in any way, including through gestures.
Committees
(17) If a committee seat becomes vacant, or a member cannot serve before the committee completes its work, the Council shall fill the vacancy if it is in session. Otherwise, the President may fill it.
(18) The Council shall appoint the Chairs or Conveners of its committees. If it does not, the President may appoint them.
(19) A committee shall submit its report in writing to the Council or the person or persons designated by it. In the absence of such directions, the report shall be submitted to the President, who shall take appropriate action.
Budget
(20)(a) Before the budget is presented, the Jama'at's performance report and details of income and expenditure shall be placed before the Council. The Director of Finance, the Secretary General or, in their absence, a person designated by the President shall then present the following year's budget.
(b) Members shall have at least one day to examine and consider the budget and an opportunity to comment. It shall then be presented and approved section by section. The entire budget proceedings shall be completed within three days.
(c) The Council may reduce the one-day period for examining the budget and giving it preliminary consideration.
Resolutions of No Confidence
(21)(a) Every no-confidence resolution shall be submitted in writing to the Secretary General and signed by the Council member or members moving it.
(b) It shall reach the Secretary General at least seven days before the session, unless its grounds arise later or the session is convened on less than fifteen days' notice. In the latter case, the Council shall decide how much time the person concerned should have to prepare a response.
(c) A resolution received during a session shall be presented within 24 hours. One received between sessions shall be presented within 24 hours of the next session's commencement, unless withdrawn by its mover.
(d) Discussion shall begin only if at least five Council members present support taking up the resolution. Otherwise, it shall stand rejected.
(e) If the resolution concerns the President or another person presiding, the Council shall nominate someone else to chair its consideration. The person concerned shall remain present and may respond if he wishes.
(f) Voting on a no-confidence resolution shall be by secret ballot.
Miscellaneous
(22) A mover may withdraw a resolution or motion before voting unless one-third of the Council members present call for a vote.
(23) A matter not included in the agenda may be discussed if the President or the Council permits it. The President shall determine the appropriate time.
(24) The Chair's decision shall be final on matters not covered by these rules.
(25) Members, recognising their responsibilities in one of the Jama'at's most important institutions, shall refrain from:
(a) Using bitter language or speaking harshly to or about other members.
(b) Unduly censuring or ridiculing colleagues.
(c) Displaying anger or indignation.
(d) Leaving the session without the Chair's permission.
(e) Participating after making secret counsels in advance, or behaving in a way that creates divisions in the Jama'at.
(f) Obstructing rather than supporting the Jama'at's work.
If a member commits any of these acts, the Chair may, on his own initiative or at another member's request, read this rule aloud to the Council as a reminder and instruction to observe it.
Note: These rules were approved at 5 p.m. on 20 May 1957 and came into force immediately.
Rules for Electing the President of Jama'at-e-Islami Pakistan
(1) The Election Commission shall begin the election process three months before the President's term expires and may appoint assistants as required.
(2) The Election Commission shall appoint territorial assistants at provincial, regional and district levels. The Election Commissioner shall announce the schedule, prepare ballot papers and supply them to the territorial assistants.
The assistants shall distribute and collect ballot papers and forward them to the Election Commissioner immediately after the closing date. The Election Commission shall count the votes, and the Election Commissioner shall formally announce the result.
(3) The Jama'at's central office shall provide the Election Commission with a complete membership list at least sixty days before the President's term expires.
(4) Members who took their membership oath at least ninety days before the election shall be entitled to vote. Those taking the oath after that cutoff shall not be eligible for that election.
(5) Every voter shall be assigned a serial number in the list, which shall also serve as the voter number.
(6) For members' guidance, the Central Council shall propose three names for the Presidency. These shall be selected by majority vote through a secret ballot supervised by the Election Commission and printed on the ballot paper in alphabetical order. Members may nevertheless vote for an eligible Jama'at member other than those three.
(7) To maintain ballot secrecy, the inner envelope shall not bear the voter's name, number or address. The outer envelope shall bear the serial number so that it can be checked against the voter list upon receipt. At counting, the inner envelopes shall be opened together, the ballot papers separated and then counted.
(8) The candidate receiving the highest number of votes shall be elected.
(9) If two or more candidates receive an equal highest number of votes, the Central Council shall elect one of them by secret ballot.
(10) An election petition may be filed within thirty days after the result is announced.
(11) Any voter may file a petition with the Jama'at's Election Tribunal after the election is announced. The Tribunal shall decide a petition within ninety days of receiving it.
(12) After counting, the election chart and record of votes cast shall remain in the Election Commission's custody. Only the Election Commission shall have access, except that the Election Tribunal shall receive the necessary access when considering a petition.
Approved at the Working Committee's meeting on 3 June 2021.
Rules for Elections to the Central Council of Jama'at-e-Islami Pakistan
(1) The Election Commission shall conduct elections and preference polls under the rules derived from Article 37(a) of the Constitution.
(2) The territorial Election Commission, at provincial, regional, district or other levels, shall appoint assistants for elections and preference polls.
The Chair of the Election Commission shall announce the schedule, prepare ballot papers and supply them to the territorial assistants. The assistants shall distribute and collect the ballot papers and forward the completed ballots to the Chair immediately after the closing date.
The Election Commission shall count the votes. Its Chair shall formally announce election results and forward the complete results of preference polls to the President.
(3) The territorial election or preference-poll commission shall prepare the membership list with the district organisation's assistance and notify the Election Commission in writing of the number of voters sixty days before the election. The list shall be available at district offices for members' guidance.
(4) Only members who took their membership oath at least sixty days before the election shall be eligible to vote.
(5) Every voter shall be assigned a serial number in the list, which shall also serve as the voter number.
(6) To maintain ballot secrecy, the inner envelope shall not bear the voter's name, number or address. The outer envelope shall bear the serial number so that it can be checked against the voter list upon receipt. At counting, the inner envelopes shall be opened together, the ballot papers separated and then counted.
(7) The candidate receiving the highest number of votes shall be elected. If two or more candidates receive an equal highest number, the result shall be decided by a toss.
(8) The complete results of a preference poll shall be forwarded to the President after counting.
(9) Any voter may file a petition with the Election Tribunal within thirty days after the election result is announced.
(10) The Election Tribunal shall decide a petition within ninety days of receiving it.
(11) After each count, the election chart and record of votes cast shall remain in the Election Commission's safe custody. Only the President and the Election Commission shall have access, except that the Election Tribunal shall receive the necessary access when considering a petition.
Approved at the Working Committee's meeting on 3 June 2021.
Covenant of Membership of Jama'at-e-Islami Pakistan
I ____________, son of ____________, invoke Allah, the Lord of the entire Universe, as witness and affirm that:(1) I have fully understood the creed of Jama'at-e-Islami Pakistan, together with its explanation in Article 3 of this Constitution. Having understood it, I bear witness with a sense of responsibility that there is no god but Allah and that Muhammad, may Allah's blessings be upon him, is His Prophet.(2) I have fully understood the mission of Jama'at-e-Islami Pakistan, together with its explanation in Article 4. Having understood it, I declare that establishing Allah's Deen, the Divine Order, is the mission of my life. I am joining Jama'at-e-Islami purely for Allah's sake to strive for this mission, with no motive other than seeking Allah's pleasure and success in the Hereafter.(3) I have fully understood the Jama'at's Constitution and pledge to abide fully by its system in accordance with this Constitution.May Allah help me fulfil this covenant. Aameen.
Date: ____________
Name and full address: ____________
Signature: ____________
Verification
I verify that this covenant was taken before me.
Date of covenant: ____________
Day: ____________
Place: ____________
Signature of verifier: ____________
Date of verification: ____________
Name and designation of verifier: ____________
There is no god but Allah; Muhammad is His Messenger.