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The President of Pakistan has raised several objections to the Madrasah Registration Bill, which has sparked a heated debate in the country. The objections, which focus on the legality and potential consequences of the bill, highlight key concerns about existing laws, contradictions within the bill, and its possible implications.
Here is a list of the main objections raised by the President:
- Redundancy of New Legislation:
The President pointed out that existing laws already address madrasah registration. Specifically, the Pakistan Madrasa Education Board Ordinance 2001 and the Islamabad Capital Territory Trust Act 2020 are in place, making new legislation unnecessary. - Conflict with the Societies Registration Act of 1860:
The President noted that the Societies Registration Act of 1860 applies within Islamabad’s jurisdiction. However, the bill does not mention its applicability solely within Islamabad, creating a potential legal conflict. - Concerns Over Misuse of Madrasah Registration:
There are concerns that registering madrasahs as societies could open the door for them to be used for purposes other than education. This could undermine the intended educational role of madrasahs. - Contradictions in Definition of “Madrasah”:
The President highlighted inconsistencies in how “madrasah” is defined across different sections of the bill. This lack of clarity could create confusion and legal challenges. - Absence of “Madrasah” in the Preamble of the Societies Registration Act:
The term “madrasah” is not included in the preamble of the Societies Registration Act of 1860, which could create a contradiction with the bill’s aim to formalize madrasah education under this legal framework. - Potential for Sectarianism and Social Disruption:
The President expressed concern that registering madrasahs under this law could foster sectarian divisions and disrupt peace and order. The construction of multiple madrasahs within a single society could exacerbate tensions. - Global Criticism and Impact on FATF Rating:
There are fears that such a registration system could attract global criticism, particularly from organizations like the Financial Action Task Force (FATF). This could negatively affect Pakistan’s international standing. - Provincial Jurisdiction Over Madrasah Registration:
Madrasahs fall under the jurisdiction of provincial education ministries. As such, madrasah registration is a provincial matter, and Islamabad already has two existing laws for madrasah registration, which makes the new bill redundant. - Lack of Clarity Regarding Application of the Bill in Islamabad:
The new bill does not specify that it will apply on top of existing laws in Islamabad. This omission further complicates the legal landscape and may lead to confusion and legal challenges.