(Asghar Ali Mubarak)…
ISLAMABAD (TNS) President Asif Ali Zardari has signed the Societies Registration Act 2024 of the Religious Madrassa Registration Bill. The National Assembly has issued a notification in this regard.
It should be noted that according to the National Assembly spokesperson in a press release issued by the Directorate General of Media, National Assembly Secretariat Director General Zafar Sultan Khan, the issue of registration of religious Madrassa has been resolved through understanding.
President Asif Zardari has signed the Societies Registration Act 2024.
After President Asif Ali Zardari signed the Societies Registration Act 2024, this bill has become a law. Under the law, the registration of religious Madrassa will be in accordance with the Societies Act, after which the bill for registration of religious schools has become a law, while the Jamiat Ulema-e-Islam (JUI-F) has welcomed the progress.
After the President of Pakistan signs the law, the registration of religious schools will be in accordance with the Societies Act.
On October 20, 2024, a bill was presented in the Senate regarding the registration of schools, in which the following provisions were included. The bill was named the ‘Society Registration Amendment Act 2024’, and the bill includes several provisions.
The bill replaces Section 21 of the 1860 Act with a new provision called ‘Registration of (Religious Madrassa) Religious Schools’.
This provision states that every religious school, no matter by what name it is called, must be registered, and the school will be closed without registration. Clause 21-A states that religious schools established before the commencement of the ‘Society Registration Amendment Act 2024’, if not registered, must register within 6 months.
Clause B states that the madrasas that will be established after the enactment of this bill will have to get themselves registered within one year, the bill has clarified that religious madrasas with more than one campus will have to get themselves registered only once. Clause 2 of the bill states that every madrasa will have to submit a report of its annual educational activities to the Registrar. According to Clause 3 of the bill, every madrasa will be obliged to get its financial accounts audited by an auditor, and after the audit, the madrasa will also be authorized to submit a copy of the report to the Registrar.
Under Clause 4 of the bill, no religious madrasa will be allowed to teach or publish literature that promotes militancy, sectarianism or religious hatred. However, the said clause does not prohibit the comparative study of different religions or schools of thought, the study of any subject related to the Quran and Sunnah or Islamic jurisprudence. According to clause 5 of the bill, every madrasa shall be bound to include contemporary subjects in its curriculum in a phased manner according to its resources. Clause 6 of the bill states that for the registration of religious madrasas under the Act, no madrasa shall be required to be registered under any other law for the time being in force. According to clause 7 of the bill, once registered under this Act, no religious madrasa shall be required to be registered under any other law.
In the said clause, religious madrasa means a religious institution or a Jamia Darul Uloom or any other institution called by any other name which has been established for the promotion of religious education. Earlier, on December 12, JUI-F Senator Maulana Abdul Wasay, while addressing the Senate, had hinted at a protest in the federal capital if the Madrasa Bill was not passed.
It should be noted that President Asif Zardari’s objections to the Madrasa Registration Bill had come to light on December 13, 2024.
Asif Zardari had referred to the existing laws regarding the registration of madrasas in his objection, he had referred to the Pakistan Madrasa Education Board Ordinance 2001 and the Islamabad Capital Territory Trust Act 2020.
The President said that in the presence of both laws, new legislation cannot be possible, the Societies Registration Act 1860 is applicable within the limits of Islamabad.
He had objected that there is no clause in the bill regarding the applicability of the new amendments only in Islamabad, by registering madrasas as societies, they can be used for more than education.
According to the objection, there is a contradiction in the definition of madrasa in various provisions of the new bill, there is no mention of madrasa in the preamble of the Societies Registration Act, 1860.
He said that the inclusion of madrasa education in the new bill will create a contradiction with the preamble of the 1860 Act, and the registration of madrasas under this law will lead to the spread of sectarianism.
The President had said that the construction of many madrasas in the same society will lead to the deterioration of the law and order situation, the registration of madrasas in the society will lead to a conflict of interest, such a conflict of interest will face international criticism.
It should be noted that yesterday, Jamiat Ulema-e-Islam (F) chief Maulana Fazlur Rehman had said that the Madrasa Bill has become an Act, a notification should be issued, the issue of religious madrasas has been unnecessarily confused,
Maulana Fazlur Rehman had said that the bill for the registration of religious madrasas was prepared by the government, we demanded the approval of the draft brought to the Shehbaz Sharif government before the elections on the occasion of the 26th Constitutional Amendment, after which the bill was unanimously approved by both houses.
He said that why was the signing of the bill stopped after the constitutional amendment, what scope did President Asif Ali Zardari have not to sign the draft in which both the PPP and the Pakistan Muslim League (N) participated?
We claim that the act has been made, the President sent an objection, after which if it is not signed within the constitutional period, the government issues a notification to gazette it, our position is very clear, we believe that the act has been passed, its notification should be done immediately,
Meanwhile, reacting to the signing of the Madrasas Act by the President, JUI (F) spokesperson Aslam Ghauri said that we prostrate ourselves in the presence of Allah and congratulate the nation, workers and the leaders of the Ittehad-e-Tanazem Madrasas. The unity of scholars is important for the protection of religious institutions.
It may be recalled that yesterday, Jamiat Ulema-e-Islam (F) Sindh General Secretary Maulana Rashid Soomro met President Asif Zardari in Larkana. PPP Chairman Bilawal Bhutto Zardari was also present on the occasion. In addition to the political situation, the Madrasa Registration Bill was also discussed in detail between the PPP leadership and the leaders of Jamiat Ulema-e-Islam Sindh. Asif Ali Zardari had assured to remove Maulana’s reservations on the Madrasa Bill and resolve the matter as soon as possible.
On December 16, 2024, Ittehad-e-Tanazem Madrasa Diniya had demanded that the Madrasa Bill has become a regular act and its gazette notification should be issued without delay as per the law. While holding a press conference with Maulana Fazlur Rehman and Mufti Taqi Usmani, Mufti Muneeb-ur-Rehman said that there is a precedent for the Supreme Court Practice and Procedure Act, and the Speaker objected to this.
According to him, it has become a regular act and he had received only one objection. We demand that its notification be issued without delay according to the law so that its implementation can start immediately. He said that Shariah orders that one should act with good faith. Reasonableness, justice and balance are always expected from those who have power and authority.
Therefore, until then, our entire Supreme Council is of the opinion that the government of the day will consider this decision of ours reasonable, accept it and implement it. If any situation arises to the contrary, we will meet without delay and the subsequent course of action will be decided by consensus.
It should be noted that on December 14, 2024, Federal Information Minister Atta Tarar, reacting to the statement of Jamiat Ulema-e-Islam (F) leader Hafiz Hamdullah, said that the objections raised by President Asif Ali Zardari on the Madrasa Bill do not mention FATF nor are they related. The objections raised on the bill are legal and constitutional.
Atta Tarar said that politicizing legal and constitutional matters is not in anyone’s interest. Linking the registration of madrasas to the Financial Action Task Force (FATF) is tantamount to idle imagination and speculation.
The procedure for making legislation is clear in the Constitution, the President has raised constitutional objections and they should also be corrected constitutionally by Parliament. The Federal Information Minister said that unnecessary rhetoric and criticism for the sake of criticism on this issue should be avoided, targeting the powers of the President and Parliament.
It may be recalled that on December 16, 2024, senior PPP leader Syed Naveed Qamar had claimed that matters have been settled on the Madrasa Bill and there is no longer any problem. Syed Naveed Qamar, while talking on the program ‘Live Adil Shahzeb’, said that the promise made to Jamiat Ulema-e-Islam (F) chief Maulana Fazlur Rehman would be fulfilled.
When the Madrasa Registration Bill was passed by the parliament, there was not enough time to look into everything carefully, the federation and the provinces will resolve the issue of registration separately..
