The Pakistan Madrasah Education (Establishment and Affiliation of Model Deeni Madrasah) Board Ordinance 2001
In the first instance an ordinance called “The Pakistani Madrasahs Education (Establishment and Affiliation of ModelDin-i-Madrasahs
) Board Ordinance 2001 was promulgated on August 18, 2001 with the objective of enabling the establishment ofdin-i-madaris
, improving and securing uniformity of the standard of education and integration of the system of Islamic education imparted indin-i-madaris
within general education, providing for securing the registration, regulation, standardization and uniformity of curricula and standard of education ofdin-i-madaris
imparting specialised Islamic education in Pakistan with the general education system, maintaining the autonomous character ofdin-i-madaris
, bringing education and training imparted in religious institutions in consonance with the requirements of the modern age and the basic tenets and spirit of Islam, providing greater opportunities in national life for the graduates ofdin-i-madaris
and according recognition of equivalence of degrees, certificates, andAsnad
awarded bydin-i-madaris
and to regulate their examination system.
The ordinance provided for representation of the different schools of thought in the Board.
To start with, a Pakistan Madrasah Education Board provided under the ordinance was setup on September 8, 2001 under the control of the Ministry of Religious Affairs. The board further established in the preliminary stage three modeldin-i-madaris,
two at Karachi and Sukker for boys and one at Islamabad, exclusively for girls. In thesemadrasahs
religious education along with general education is given to the students. Sufficient funds were allocated for proper functioning of the Board and the modeldin-i-madaris
. Moreover, the board is fully equipped with essential staff, building, furniture and office equipment and is utilizing its powers to perform such functions as are necessary to implement and achieve the objectives of the ordinance.
The ordinance, however, could not be properly enforced as religious circles, particularly; theIttehad-i-Tanzemat-e-Madaris-i-Deenia
did not cooperate with the government in any activity of the Madrasah Board or accept any membership therein. In the backdrop of such a situation, the government reviewed its policy and initiated more steps in the context of registration ofdin-i-madaris
, rationalizing of syllabus and mainstreaming ofmadrasahs
which formed government policy on the issue.
While undertaking initiatives onmadrasah
reforms it was envisaged that the activities and functioning ofmadrasahs
may also be regulated through an independent enactment, providing for their registration. No specific law existed to regulate the activities ofmadaris.
Neither was registration mandatory nor did registration provide any regulatory mechanism. Except for those affiliated with the well-known institutions, the majority ofmadrasahs
were unaware of registration obligations and formalities. In the absence of a specific law, themadrasahs
in the country were operating in a void, the dangers of which were amply witnessed in the protests and demonstrations. Hence, there was a need for a specific law
. For registration purposes there was reliance on
The Social Welfare Voluntary Organization Act 1961.
Act XXI of 1860 for the Registration of Literary, Scientific and Charitable Societies (formadrasahs
which are trusts).
Under these acts the registration authority is vested with the registration firms and joint stock companies or with an officer duly authorized by the provincial government. Thus it was expedient to provide a forum for the registration, standardization, and uniformity of curriculum of religious institutions.
Before that, urgent action was needed to start a consultative process for evolving consensus to create a regulatory framework. A number of meetings with heads ofWafaqs/Tanzeem-ul-Madris/Rabita-ul-Madris
and some prominentulema
were held in the Ministry of Religious Affairs to strike a consensus on forming a law for this purpose. The consensus could not develop for a considerable period due to the reservations of the religious circles and heads ofWafaqs/Tanzeems
on the proposed framework. At last the (ITMD) agreed to cooperate with the government in the registration process. As a result the government after consultation with the ITDM, promulgated an ordinance by amending the Societies Registration Act of 1860 on December 1, 2005 by adding section 21 after section 20 of the Act.
Societies Registration Ordinance of 2005
The ordinance is also called theDin-i-Madaris
Voluntary Registration and Regulation Ordinance, 2005. In the ordinance it is has been clearly provided that:
Nomadrasah
shall operate without getting itself registered.
Everymadrasah
shall submit an annual report of its educational activities and performance to the registrar.
Everymadrasah
shall cause to be carried out the audit of its accounts by an auditor and submit a copy of its audited report to the registrar.
Nomadrasah
shall teach or publish any literature which promotes militancy or spreads sectarianism or religious hatred.
Madrasah Reforms Project (M R P)
The Memorandum of Understanding (MOU) agreed between the federal, provincial and regional educational authorities for executing a multimillion rupees project for reforming 8000madaris
within five years is a ground-breaking event.
The Madrasah Reform Project (MRP) is a part of the government comprehensive program for the reform of religious institutions in the country. The Madrasah Reform Project was started on January 8, 2003 with the approval of Rs: 5759.395 million (Rs: 5.759 Billion) to reform some 8000madrasahs
by introducing subjects taught at schools across the country. The aim of the project was to teach formal subjects such as English, Mathematics, Pakistan Studies/Social Studies, and General Science along with religious education. This program was launched by the Federal and Provincial Educational departments and two separate project management units were setup at Federal and Provincial Levels
.
The project envisages teaching of English, Mathematics, Pakistan Studies and Social Studies and General Science from primary to secondary level. English, Mathematics, Pakistan Studies and Social Studies and General Science were to be taught at Primary, Middle and Secondary levels. At the intermediate level pupils are to be taught English, Economics, Pakistan Studies and computer sciences, thereby opening up to them the field to pursue higher studies in the colleges, universities and professional institutions to compete for and take up well regarded and well paid jobs in the corporate and public sectors.
The project covers the cost of books, stationary items, sport facilities and utility charges as well as one-time grants for library and furniture. It includes the provision of computer sets and also payment of salaries to teachers hired on contract by the concerned institution in consultation with provincial education departments for teaching formal subjects. Willingmadrasahs
will be helped for three years under a phased program by extending these facilities to 3000 teachers in the first year, an equal number in the second year, and 2000 in the third year. The total period of the project would be five years.
The funds were to be released by the Ministry of Education to the provincial education department, which together with the provincial education foundation are to be responsible for monitoring and evolution of the project implementation. An allocation of Rs: 225 million has been made in the next year budget for the project whose beneficiaries are estimated to be around 1.5 million students both male and female throughout the country as well as in Azad Kashmir.
Specifically, the Federal Government signed a memorandum of understanding with the four provinces, the Federal Administrated Tribal Areas (FATA), Federal Administrated Northern Areas (FANA) and Azad Kashmir. The provincial education departments have to select the schools for the project in line with the education reform formula. The Federal Education Ministry was to oversee its execution.
The establishment of the MRP marks the first-ever concrete step taken to equip the pupils ofdin-i-madaris
with modern knowledge along with religious learning. Over the years there had been hardly a government that had not toyed with this idea but all plans drawn to this effect failed, partly because of bureaucratic apathy and, partly, because of resistance by clerical orders and managers of these schools. The educational bureaucracies, manned by the products of the formal school system, had, in effect, no real heart in the venture. They drew up blueprints to bring these schools into the formal system just to meet their bosses’s wishes. Otherwise, they had neither particular motivation nor the will to implement those plans. For their part, the clerical orders viewed any reform plan for these schools with suspicion and as an encroachment on their domain.
Owing to the lack of understanding between both sides in the past, the present (MRP) initiatives seem to have met the same fate at the completion of its five years tenure. Five years on, the pessimist outlook has been prove right, and the government has decided to wrap up the project after having targeted only a small fraction of some 8000madrasahs
(as per the Education and Planning Commission) in the country. The Ministry of Education is forthright in admitting its failure. “In the last five years we reached out to only 507madrasahs
”, reveals the project coordinator, Dr. Muhammad Hanif.
MRP had started with two main objectives, to mainstream themadrasah
education system by introducing formal subjects in their syllabi and to open lines of communication with the elaborate network of seminaries. In order to achieve the first objective the Ministry was given the target to educate 1.5 millionmadrasah
students (as per the Education Ministry and Planning Commission) in modern subjects. At present, only 50000madrasahs
students are receiving education in these subjects. The Ministry had promised to provide four formal subjects teachers to all 8000madrasahs
. However, presently only 2291 teachers are employed under this arrangement against the target of 32000. A senior official of the MRP says, “We failed to develop the capacity to utilize all the funds which were allocated for the project.
The total expenditure in five years was less than 2.8 percent of the total allocation of Rs: 5.759 billion.
The second objective also failed to be achieved. Right from the start the Ministry of Education lacked clout with themadrasahs’s
leadership and failed to build bridges with them. The lack of cooperation from the Ministry of Religious Affairs, which enjoyed a far better relationship with themadrasahs,
did not help either. “Non-existent communication and lack of understanding and consensus among the stake holders did not bode well for the project” declares a senior planning commission official who was also member of the project evaluation team in early 2007. The prime minister had tasked the planning commission to prepare the report on MRP.
In fact, inter-departmental wrangling contributed to the failure of the programme. The Ministry of Religious Affairs which has long served as the government’s contact point with themadrasahs’s
leadership acted as rival to the Education Ministry in the reformation drive. As the planning commission report notes, “this diarchy has created some tension and misunderstanding between the two ministries at the cost of effective implementation of the Madrasah Reform Project”.
At the same time, the details of 507madrasahs
that registered with the Ministry of Education lent credence to the belief that the project was a dismal failure. Among other reasons the Ministry of Education has the share to blame for this failure as it could not overcome bureaucratic red tape. For instance, the delay in the release of funds tomadrasahs
created doubts about the seriousness of reform efforts. “It takes roughly 24 months to release funds to themadrasahs
once we had completed the process of identification and selection”, a senior Education Ministry official discloses. The Ministry of Interior and the provincial home departments are also partly responsible, as they have to provide clearance before a seminary is deemed eligible.
The provincial governments further compounded the problem. For instance, at the commencement the MRP, the Punjab Home Department objected to the implementation of the project in the province citing fears of possible backlash, and the Punjab component of programme was executed by the Federal Ministry because of this reluctance. The NWFP (=Khyber Pakhtunkhwa) government has yet to proceed with the project because of certain reservations. With such hurdles it is no wonder that the total number ofmadrasahs
that applied for the money to purchase educational material far exceeds those actually received grants from the Ministry of Education.
This is really sad because government had expressed great optimism soon after launching of the MRP. At that time it was hoped that all the stakeholders had come to realise the importance of turning the pupils of these schools into vibrant personalities, well-grounded in spiritual attainments and well equipped with temporal knowledge. According to the Federal Education Minister the scheme has received positive response from all religiousmadrasahs
, a factor that she says has encouraged her ministry to launch the reform project.
While the Madrasah Reform Project (MRP) of the Ministry of Education failed to take off, the Ministry of Religious Affairs has apparently succeeded in convincing themadrasahs's
leadership to join its registration drive. Currently, the total number of registeredmadrasahs
all over the country is roughly 15102.
While the Religious Affairs Ministry has made headway in its registration drive it has been able to do so by making critical concessions. For instance, they have permittedmadrasahs
not to disclose their sources of income. Amadrasah
leader to this said, “There is no clause in the existing agreement that makes it obligatory for us to reveal our sources of income.” As long as this clause was enforced, most of themadrasahs
refused to register themselves. Another crucial compromise has been the government recognition of the fivewafaqs
or educational boards as officially recognized institutions that can issue educational degrees to students.
The contacts between themadrasahs
leadership and the government were discontinued in July 2007 because of the Lal Masjid operation. When negotiation resumed after five months the ITDM and Ministry of Religious Affairs agreed to grant board status tomadrasahs
organisations and; in turn, themadrasahs
leadership agreed to the establishment of an inter-madrasah
board which will oversee the functioning ofmadrasahs
all over Pakistan.
It is, however, unclear how the Pakistan People’s Party government will view the understanding reached between the ITDM and the provincial governments while the government has directed the Ministry of Education to wrap up the programme, though continuing funds to 507madrasahs
cleared by Interior Ministry. The present government has jumped into the arena by launching its own project named theMadrasah
Welfare Authority.
How much chance there is for the success of this project, we will have to wait for another five years to say for sure.
Madrasah’s Asnad Issue and Religious Parties
The issue of themadrasah’s
asnad
resumed importance when graduation was declared a precondition for contesting the election to provincial and National Assembly elections in 2002. While no one with less than the graduation degree was allowed to contest the election, the graduates ofdin-i-madaris
were allowed to contest the general election of 2002, though they had yet to fulfil the requirements setup by the UGC (University Grants Commission) for the equivalence ofmadrasah asnad
. The issue finally came before the Supreme Court of Pakistan.
On 29 August 2005, the Supreme Court of Pakistan ruled that theasnad
(certificates) issued by themadrasahs
are not valid as these institutions run without statutory sanction and without affiliation with the University or Educational Board. The court ordered the election commission not to recognise the results of those candidates who won had seats in recently held local council’s election, holdingmadrasahs
degrees. Pakistani law has imposed a minimum educational requirement of matriculation to hold local council office.
The apex court noted that themadrasahs asnad
cannot be considered equivalent to matriculation certificate if their holders did not pass examinations in English, Urdu and Pakistan Studies. In its detailed verdict, the court held further thatmadrasahs
were functioning illegally in the country, since they don’t have affiliation with any university or board of intermediate and secondary education. The apex court noted that unregisteredmadrasahs
don’t teach a curriculum that can train students to face the harshness of the modern world. Seminaries, the court observed, are not providing students with general education that could enable them to come into the mainstream of society and compete with the educated class for employment or other purposes, including election. It noted that not a single religious educational institution included in its curriculum subjects like English, Urdu and Pakistan Studies, even though the interboard committee chairmen had recommended this. While supporting the reservation expressed by the apex court, theDaily Times
observed,
The seminaries in Pakistan enlist a million pupils and throw out thousands of graduates every year with nothing much to do except to setup new mosques to earn their livelihood. Pakistan cannot produce young people who can propel the economy forward. What kind of young men does Pakistan produce? In a word: warriors. The truth is that there is nothing secular in Pakistan Studies, English and Urdu either, if you take a close look at the text books that the students have to mug up.
In the prevailing scenario when a large number of madrasahs graduates take active part in the affairs of the state and form the leadership of almost all the religious parties, the court decision is significant. Incidentally, the qualification of 68 parliamentarians holding madrasah degrees were challenged in the Supreme Court in 2003 and judgment is still awaited. The recent supreme court judgment and its delaying tactics regarding the erstwhile degree issue of 2003 is seen to be the part of the Musharraf strategy to placate MMA rather than taking the issue seriously that is becoming more and more of an embarrassment and burden to the dictator, says Iftikhar Hussain Gilllani, an unsuccessful candidate in the 2002 election against an MMA candidate. Gilani who had challenged the madrasah degree of his rival in 2003, regretted the attitude of apex court regarding his case.
The verdict provided Musharraf with a weapon to exclude an entire spectrum of Islamists from their present positions of power and membership in the national parliament and the state assemblies. The move might be counter productive as the religious parties have close links withjihadi
groups, and their retaliatory violence targeting government interests could not be ruled out if Musharraf failed to exercise adequate control in the emerging circumstances.
The leadership of religious parties defended thewafaqs
andtanzeemat
of religiousmadaris
in their struggle to resist the registration process started by the government and identified their interests with themadrasahs.
Maulana Fazl ur Rehman the leader of the opposition in the National Assembly and Secretary General of theMuttahedda Majlis-e-Amal
(MMA) while rejecting the Registration and Regulation ordinance 2002, claimed thatmadrasah
syllabus contained no material encouraging sectarianism and extremism. Addressing a conference at thedar-ul-uloom
, Rehman demanded, “When we do not take a single penny from the government, why should we furnish the details of our accounts to them?” Adding further “we have returned to the assemblies only with the force of these religious seminaries. If their independence or survival is threatened, we will resign forthwith."
Maulana Samiul Haq, another stalwart of the Islamist movement and one of the most prominent patrons of the Taliban, expressed fears that Pakistan would become a secular state if the government dismantle themadrasahs
system. Speaking at the MadrasahTaaleem-ul-Qur’an
in Rawalpindi on August 26, Haq the chief of his own faction ofJammiat-ul-Ulama-e-Islam
, said, “The government should not be at the US and the West’s beck and call” adding that Pakistan should try to uphold the freedom and character of themadrasahs.
Speaking about the government stand Religious Affairs Minister Ijazul Haq declared that the government would not tolerate terrorism, sectarianism or spreading hatred. However, the words could not be translated into action as the resistance to reform is widespread.
The government seemed to compromise on this issue also as it was witnessed in the past when the previous two ordinances of 2001 and 2002 in this regard could not be implemented in letter and spirit.
Nor does the present situation offer any hope.
Government Concerns regarding Militancy and Foreigners in Madrasahs
The role of themadrasahs
in national political developments and armed conflicts has been a subject of intense debate in Pakistan since 1980.
Much of the armed resistance against the Soviet occupation of Afghanistan was initially organised in the N.W.F.P (=Khyber Pakhtunkhwa) and Baluchistan. Pakistanimadrasahs
and Afghan and Pakistanimadrasahs
students were in the forefront of thejihad
movements against the communist regime.Darul-ul-Ulum Haqqania
of Akora Khattak near Peshawar and several otherDeobandi madrasahs
in N.W.F.P(=Khyber Pakhtunkhwa) played an important role in the mobilizing and recruitment of the thousands of volunteers for the Afghanjihad
. TheJamaat-i-Islami
also used foreign funds for the Afghanjihad
to establish a network ofmadrasahs
in Afghan refugee camps in Baluchistan and N.W.F.P(=Khyber Pakhtunkhwa), which, subsequently, became recruitment centres for the foot soldiers of Gulbadin Hikmatyar’sHizb-i-Islami
movement. The emergence of theTaliban
movement in 1994 is, in fact, a logical extension of the role Pakistanimadrasahs
was playing in the Afghanjihad
during the 1980’s. It provided an excellent excuse to themadrasahs
and their associated religious political groups to receive a vast amount of funds from Muslim countries mostly from Saudi Arabia and Iran in the name of Afghan relief andjihad
projects and then to use these funds, or part of them, for recruiting more students, expanding the physical facilities of theirmadrasahs,
and also for their sectarian activities including the acquisition of weapons.
Later in the 1990s the Afghan Taliban and otherjihadi
organizations were provided with fresh blood by a large number ofmadrasahs
in Pakistan. Thesemadrasahs
became major centres for training of foreign and indigenous warriors forjihad.
According to the journalist Ahmad Rasheed, the Taliban primarily evolved from the dozens ofmadrasahs
established in the refugee camps along the Pak-Afghan border territories. Besides teaching, these children received hands-on training on some of the most lethal weapons in the world. The Taliban, as a result, soon became an invincible force.
According to government sources, themadrasahs
that impart training to militants to fight the security forces also included themadrasah
of Maulana Fazlullah, a key leader of theTehreek-i-Nifaz-i-Shariat-i-Muhammadi
(TNSM) Swat. A similar allegation was also levelled against themadrasah
of Maulana Liquat in Bajaur. The samemadrasah
was later destroyed as a result of a drone aircraft attack.
Security officials consider that thesejihadi
elements were a main reason behind Ghazi Abdul Rasheed’s refusal to surrender during the Lal Masjid operation. He had been made hostage by the militants and, in case of surrender, they would not have spared him.
In any case, besides the domestic fallout the instrumental use ofjihad
had serious repercussions for Pakistan’s foreign relations.
The state policy shift following 9/11 was, therefore, deeply resented, resisted, and agitated against by conservative Islamists. The activities of those conservative forces became a challenge to the writ of the military government at home and a major cause of embarssment for the government in foreign relations.
Therefore, the government had to adopt strict measures against conservative elements to overcome the internal security challenges and to pacify the perception of the international community that Pakistanimadrasahs
bred global terrorism and militancy. These steps led to the breach of the traditional mulla-military alliance.
In his address to the nation on January 12th, 2002 General Musharraf declared:
Madrasahs will be governed by the same rules and regulation applicable to other schools, colleges, and universities. Allmadrasahs
will be registered by 23rd March, 2002 and no newmadrasah
will be opened without permission of the government. If amadrasah
is found indulging in extremism, subversion, militant activity, or possessing any type of weapon, it will be closed.
At the same time, Musharraf announced a ban on five extremist groups and put another on the watch list.
Meanwhile, an ordinance, namely, Madrasah Registration and Control Ordinance 2002, was introduced to control the entry of foreigners intomadrasahs,
to keep check on them, and also their sources of funding. The law was rejected by most of themadrasahs
which wanted no state inference in their affairs.
Following this, intelligence agencies backed by heavy contingents of police and other law enforcement agencies raided several seminaries in September in Karachi and picked up about 21 Indonesian and Malaysian students from at least twomadrasahs
,Jamia Abu Bakr
andJamia Darsat
located on University Road. The administration of thesemadrasahs
said that security officials asked the particulars of students and picked up some of them after marking their names.
Interior Ministry officials in Islamabad confirmed one of the arrested students as a brother of Hambali, a key suspect in the Bali bombing in Indonesia, and claimed that most of these arrested students were staying here illegally and involved in activities which were not in Pakistan’s interests. “These are suspected terrorists or people who have links with the terrorists”, an Interior Ministry spokesmen was quoted as saying in Islamabad.
The administrators of thesemadrasahs,
however, contested the claim of the Interior Ministry and rejected the involvement ofmadrasahs
in activities against the interests of the state. They called it a part of the global agenda of the West to defame Islam andmadrasahs
.
Later, in February 2005, an agreement was made between the administration ofmadrasahs
and the government that foreigners have to obtain an NOC from their respective embassies for further stay and new entrants should possess proper educational visa.
All these efforts, however, failed to bring the desired results. The era of Musharraf demonstrates that it is not easy to dismantle the infrastructure of militancy for it was installed in the name of Islamicjihad
and it is deeply rooted in the socio-economic and political life of the nation. How to get the militants isolated frommullas
and religio-political parties remains a big problem. The Lal Masjid episode demonstrates the point. The role played byulema
during the six month long standoff indicate that they shared the ideology of the Ghazi brothers because they never explicitly condemned the establishment of a state within the state by the Lal Masjid administration.
The alternative moderate view of Islam with a peaceful progressive outlook, though held by the large majority, is largely unsupported by the clergy. It has quite a few public faces, mainly, some scholars without a chain ofmadrasahs
. They remain vulnerable to attacks from the well entrenched militants. Their credentials as Islamic scholars are also made questionable by the conservative religious class having a largemadrasah
network. Thus, conservative, reactionary, and militant views of Islam dominate religious discourse. The dilemma faced by the state is that it cannot follow the prescription of the Islamists nor do the Islamists seem likely to subordinate their agendas to the will of the state.
The situation has reached the point of no return. The collision between the two will ultimately be decided in one way or another. But, the fallout will be costly for the whole nation.
The key reasons responsible for this situation are the strong opposition of religious institutions to change, the limited preparation for planning and implementation of appropriate measures in a positive manner, and the insufficient will of the government to bring about changes in the overall system.