Abū al-Ḥasan ‘Ubayd Allāh ibn al-Ḥusayn al-Karkhī
in the year 260 A.H. and died in the year 340 A.H. Karkh is a town located
on the western bank of the Tigris in Baghdad. He was a student of
Abū Sa‘īd al-Barda‘ī (who was a student of Ismā‘īl
ibn Ḥammād who was a student of Ḥammād ibn Abī Ḥanīfah). He had many students among whom Abū Bakr al-Jaṣṣāṣ and al-Shāshī are better known. Karkhī’s
influence is visible very clearly in the works of al-Jaṣṣāṣ.
A distinction is sometimes made between a republic and a democracy in the context of the American Constitution. It is maintained that the USA was established as a republic, but degenerated into a democracy. Does this have some implications for the Constitution of Pakistan?
The parliamentary system, embedded in the British model, has
collapsed in this country. The British people waged a prolonged struggle
for their rights and brought their parliament to a position of
supremacy. For the people in Pakistan it is an alien system. The
people do not understand it nor are they concerned with the
conventions and traditions imported from Britain, as these too are
alien. The parliamentarians themselves do not understand this
Many claims are made by jurists and
scholars that Islam has its own form of democracy and political
system; but when it comes to practical implementation there is very
little to rely on. It is also claimed that Islam has its own system of
distributive and social justice. In the light of such claims, what
form will the Islamic democratic system have in the present times, and
what political structures will be implemented? A ruling is required
within the context of the current democratic and political system
prevailing in Pakistan.