Pakistan was never supposed to be an independent country, it was supposed to be a “state” within India where Muslims could have freedom to govern. Allamah Iqbal (RA) envisaged Pakistan as follows:
India is a continent of human groups belonging to different races, speaking different languages, and professing different religions [...] Personally, I would like to see the Punjab, North-West Frontier Province, Sindh and Baluchistan amalgamated into a single State. Self-government within the British Empire, or without the British Empire, the formation of a consolidated North-West Indian Muslim State appears to me to be the final destiny of the Muslims, at least of North-West India.
However, the events of 1945 disillusioned Muhammad Ali Jinnah (RA) (and the Ulama) alongside him that it was not possible to expect fair treatment from Hindus, thus the idea of (Pakistan) as a independent country emerged.
Within a period of two years the struggle changed from trying to get autonomy for Indian Muslims to independence for Indian Muslims.
The idea was always to establish an Islamic state (whether it was autonomous state) or independent country and the objectives resolution (precursor to Pakistani Constitution) states that:
There was little effort in streamlining the constitution and the objectives resolution was given the same order as any other article. Legally, this means that objectives resolution didn’t or couldn’t supersede other articles.
Ulama took a back seat and there was no push to constitutionally enact laws which were Islamic.
Massive agitation across Pakistan by Muslims (led by Ulama) and it resulted in two changes to the constitution:
227. Provisions relating to the Holy Quran and Sunnah.-(1) All existing laws shall be brought in conformity with the Injunctions of Islam as laid down in the Holy Quran and Sunnah, in this Part referred to as the Injunctions of Islam, and no law shall be enacted which is repugnant to such injunctions.
1[Explanation.-In the application of this clause to the personal law of any Muslim sect, the expression “Quran and Sunnah” shall mean the Quran and Sunnah as interpreted by that sect.]
(2) Effect shall be given to the provisions of clause (1) only in the manner provided in this Part.
(3) Nothing in this Part shall affect the personal laws of non-Muslim citizens or their status as citizens.
A person who does not believe in the absolute and unqualified finality of The Prophethood of Muhammad (Peace be upon him), the last of the Prophets or claims to be a Prophet, in any sense of the word or of any description whatsoever, after Muhammad (Peace be upon him), or recognizes such a claimant as a Prophet or religious reformer, is not a Muslim for the purposes of the Constitution or law.
Muslims were emboldened and wanted Islam. For the second time in the history of Pakistan (Deobandees, Barelwees, Salafees, Shias) all united and launched a National movement for enactment of Shariah.
Government of Bhutto was getting weaker by the day.
On the 5th of July 1977, American backed General Ziaul-Haq launched operation Fair Play and imposed Martial Law.
Muslims of Pakistan and Ulama were duped into thinking that he will bring Islam so the national uprising was disbanded.
General Muhammad Zia-ul-Haq was a dictator and there was continuous uprising against his military rule. He couldn’t count on political parties so he courted Islamic Scholars to gain legitimacy.
Ulama responded to him like he was a Messiah.
For the first time in the history of Pakistan, he could have implemented Islam (if he wanted to) but he made some gestures to placate Ulama and they fell for it.
He streamlined the working of Islamic ideology council who would consider the constitution and ensure that the laws are Islamic.
For the third time in the history of Pakistan (Deobandees, Barelwees, Salafees, Shias) joined forces against Pervaiz Musharraf and became politically active.
Pervaiz Musharraf was also a dictator and there was continuous uprising against his military rule. Once again, Muslims of Pakistan were duped into thinking that they had some independence.
Islamic alliance collapsed and the Ulama were humiliated in the next elections.
Heck No! As he got closer to his last days his general references about Muhammadans and Islam, changed to specific references about Qur'aan and Sunnah and he let no doubt that he wanted Islam to play a central role in politics.
No way Muhammad Ali Jinnah (RA) was Secular, how can someone Secular come up with these words?
When we say 'This flag (Muslim League's flag) is the flag of Islam' they think we are introducing religion into politics - a fact of which we are proud. Islam gives us a complete code. It is not only religion but it contains laws, philosophy and politics. In fact, it contains everything that matters to a man from morning to night. When we talk of Islam we take it as all embracing word. We do not mean any ill. The foundation of our Islamic code is that we stand for liberty, equality and fraternity.
I cannot understand the logic of those who have been deliberately and mischievously propagating that the Constitution of Pakistan will not be based on Islamic Sharia. Islamic principles today are as much applicable to life as they were 1300 years ago.
Pakistan not only means freedom and independence but Muslims ideology which has to be preserved which has come to us a precious gift and treasure and which we hope, others will share with us.
The Quran is the general code for the Muslims, a religious, social, civil, commercial, military, judicial, criminal and penal code. It regulates every thing, from the ceremonies of religion to those of daily life, from the salvation of the soul to the health of the body, from the rights of all to those of each individual from morality to crime; from punishment here to that in the life to come, and our Holy Prophet Mohammad (Peace by upon Him) has enjoined on us that every Musalman should posses a copy of the Quran and be his own priest. Therefore, Islam is not merely confined to the spiritual tenets and doctrines or ritual and ceremonies. It is a complete code regulating the whole Muslim society, every department of life, collective and individual.
"There is one point more which has been troubling me very much of late and one [about] which I want you to think carefully and that is the question of Hindu-Muhammadan unity. I have devoted most of my time during the last six months to the study of Muslim history and Muslim law and I am inclined to think it is neither possible nor practicable. Assuming and admitting the sincerity of Mohammadan leaders in the non-cooperation movement I think their religion provides an effective bar to anything of the kind.
"You remember the conversation I reported to you in Calcutta which I had with Hakim Ajmal Khan and Dr. Kitchlew. There is no finer Muhammadan in Hindustan than Hakim Ajmal Khan, but can any Muslim leader over-ride the Quran? I can only hope that my reading of Islamic law is incorrect.
This cannot be undone and I am sure it will be greatly appreciated.