Mahtab Bashir
ISLAMABAD: A new legislation encompassing the registration of thousands of religious seminaries across Pakistan has emerged as a focal point in the country’s political and legal discourse, with its stalled passage igniting unrest among religious clerics.
The Jamiat Ulema-e-Islam-Fazl (JUI-F), one of the main religiopolitical parties, has issued a stark warning to the federal government, threatening a protest march to Islamabad if the law is not approved promptly.
They attribute the holdup to pressures stemming from external pressures like the Financial Action Task Force (FATF), expressing their discontent over the perceived political maneuvering.
Named “The Madrasah Registration Bill 2024” the law stipulates that seminaries operating multiple campuses would need only one registration for all their campuses. Each institution would be required to submit an annual report outlining its educational initiatives to qualify for registration.
Every madrasah would have its financial records audited, with the audit report also submitted to the registrar. Importantly, the bill forbids seminaries from teaching or distributing content that promotes militancy, sectarianism, or religious animosity.
Despite securing approval from both houses of Parliament, the bill has encountered significant delays. Nawaz Sharif, leader of the Pakistan Muslim League-N (PML-N), has urged Prime Minister Shehbaz Sharif to respond to the concerns raised by JUI-F chief Maulana Fazlur Rehman. While a new draft is being polished and negotiations are ongoing, the impasse remains stubbornly in place.
What is this Madaris Bill all about:
The primary aim of the Madrasah Registration Bill 2024 is to integrate religious institutions into a structured regulatory system, fostering enhanced accountability, transparency, and oversight. Yet, the bill faces considerable challenges, especially regarding its legal legitimacy and the authority governing madrasah registration.
The bill found its way through the political landscape after key commitments were made to Maulana Fazlur Rehman, a prominent religious figure who has supported the ruling coalition in passing key amendments in the constitution since the new government formation after general elections held in February 2024.
The legislation suggests that madrasahs undergo registration and have their financial dealings monitored, stirring apprehension among different religious groups. Nevertheless, the bill stumbled when President Asif Ali Zardari voiced legal concerns, pointing to uncertainties surrounding its legal standing.
The Societies Registration (Amendment) Act, 2024, as its official name recently enacted by parliament under the contentious 26th amendment, brings forth new regulations for registering seminaries through the local deputy commissioner’s office.
Key highlights of the law include the requirement for seminaries to submit an annual report outlining their educational and financial activities, as well as a ban on promoting militancy, sectarianism, or religious hatred.
The disagreement among different factions of religious leaders isn’t about regulating seminaries—since they’ve all been registered since 2019—but rather whether the overseeing ministry should fall under education or industries.
Legal and Jurisdictional Issues
President Zardari’s most pressing concern centres on the authority regarding madrasah registration. The bill leaves unanswered questions about whether it would override the current laws overseeing madrasah registration in Islamabad or the provincial regulations already in place.
In Pakistan, the responsibility for registering religious schools lies with the provincial education ministries, and the bill does not clarify how it intends to mesh with or supplant this established system.
The two existing laws already regulate madrasah registration in Islamabad. The new bill’s ambiguity about whether it would take precedence over these statutes further muddied its legal status. In light of these issues, President Zardari opted to send the bill back to the Prime Minister’s Office unsigned, effectively putting the brakes on its advancement.
Political and Provincial Considerations
Though the bill has garnered approval from both chambers of parliament, its journey through the presidential office has hit a snag due to legal entanglements. Sources reveal that for the bill to be enacted, it must first clear the provincial assemblies, meaning it needs local endorsement before it can be rolled out across the country.
Many saw the bill’s approval as a strategic political compromise aimed at soothing the demands of religious groups advocating for tighter madrasah regulations. Yet, the president’s legal reservations suggest that additional parliamentary processes and revisions will be necessary before the bill can advance.
What does the bill include?
The Madrasah Registration Bill in Pakistan seeks to bring religious schools—madrasahs—under the umbrella of state laws and educational standards. Central to the bill are provisions for mandatory registration of these institutions, aimed at overseeing their financial and educational practices.
Additionally, it emphasizes the integration of contemporary subjects such as mathematics, science, and English into their curricula, alongside traditional religious teachings.
The bill emphasizes the need for transparency in madrasah funding, ensuring that these religious seminaries comply with established guidelines on their curricula, registration, and governance. To achieve its full potential, each province must ratify the bill within their legislative assemblies.
However, concerns linger about how it aligns with current provincial regulations overseeing madrasah registration, causing hold-ups in the process. Consequently, President Zardari has sent the bill back for additional legal scrutiny.
