Madressah bill issue: Fazl claims PM has ordered law ministry to take ‘immediate practical measures’
Jamiat Ulema-i-Islam-Fazl chief Maulana Fazlur Rehman claimed on Friday that Prime Minister Shehbaz Sharif has ordered the law ministry to take immediate practical measures as per the law and the Constitution regarding the Societies Registration (Amendment) Act 2024.
Controversy persists in the country related to the new law passed by parliament which relates to the regulatory affairs of madressahs. President Asif Ali Zardari has yet to grant it presidential assent, prompting the JUI-F to criticise ruling coalition parties for using ‘delaying tactics’ regarding the bill.
The bill pertains to the registration of seminaries by the relevant deputy commissioner’s office, as it was before 2019.
The government and the JUI-F both seemed to favour talks in Tuesday’s National Assembly to sort out the controversy surrounding the proposed legislation.
Fazl held a meeting with Prime Minister Shehbaz Sharif in Islamabad today with other senior PML-N and PPP officials present as well.
Speaking to the media after the meeting, Fazl said his party’s stance on the issue was given a “very positive response”.
He claimed that the prime minister “immediately ordered the law ministry to take practical measures at once as per the law and the Constitution” regarding the issue.
“Now it remains to be seen when the practical measures [will be taken]. We hope that they will be as per our demands,” Fazl said, adding that he would apprise the Ittehad Tanzeemat-i-Madaris Pakistan, a federation of the main madressah oversight bodies in the country, about the situation.
“Hopefully we will hear good news about this in a day or two and our demand will be accepted.”
Fazl said PM Shehbaz displayed “good spirit” in the meeting that could be trusted, adding that he was hoping the matter would be resolved in line with the law and the Constitution after talks with the premier.
He maintained that the party’s demands were under the law and the Constitution and would be accepted.
A statement issued by state broadcaster PTV on X noted that there was “positive progress” on Fazl’s suggestions.
It said that PM Shehbaz ordered the quick resolution of the issues. “The Ministry of Law should take steps in accordance with the Constitution and law to resolve this issue,” the statement quoted him as saying.
Speaking on DawnNewsTV programme ‘Doosra Rukh’ today, Adviser to the Prime Minister on Law and Justice Barrister Aqeel Malik said it would be premature to say where the act would be brought up again for further consideration but assured that Fazl’s reservations would be removed.
President Zardari had returned the bill to the National Assembly with certain objections on October 29, before flying to the United Arab Emirates. The bill was approved by the Senate on Oct 20, along with the 26th amendment. It passed through the National Assembly on Oct 21 and was forwarded to the president on Oct 22.
When the JUI-F chief learnt of the development, he threatened to launch protests against the government to force it to accept the bill.
The bill in question was part of an agreement between JUI-F and the government in support of the 26th Amendment. The Societies Registration (Amendment) Act, 2024 extends the Societies Registration Act, 1860, and includes provisions for the registration of madressahs under the relevant deputy commissioner office.
The bill specifies that a madressah with more than one campus needs only one registration, and every madressah must submit an annual report of its educational activities to the registrar. Additionally, each madressah must have its accounts audited by an auditor and submit the audit report to the registrar. The bill also states that no madressah should teach or publish literature that promotes militancy, sectarianism, or religious hatred.
In October 2019, the PTI-led government transferred the registration of seminaries to the education departments.
After more than five years of deliberations involving the government, interior ministry, security agencies, provinces and NGOs, the federal government accepted the demand of religious groups that seminaries be regulated under the education departments, viewing them as educational institutes.
Authorities had initially proposed that seminaries fall under the regulation of the Interior Ministry and provincial home departments. The decision by the PTI-led government in 2019 was welcomed by the joint body of religious seminaries, representing all four mainstream Islamic sects in the country.
However, due to political differences with the PTI government, seminaries affiliated with the JUI-F rejected the idea of placing madressahs under the education department and opposed incorporating conventional education into religious seminaries.
Under the Societies Act of 1860, religious seminaries were supposed to be registered by the relevant deputy commissioner’s (DC) office. Traditionally, there were five seminary boards — four belonging to the respective mainstream sects: Barelvi, Shia, Deobandi, and Ahle Hadith schools of thought, while the fifth board administered the affairs of seminaries under the control of the Jamaat-i-Islami.
However, after three years of consultations following the 2014 Army Public School Peshawar attack, these five boards agreed with the government that seminaries should be placed under the administrative control of the Federal Education Department.
Subsequently, the Directorate General of Religious Education was established and the government also decided to make rules allowing the establishment of more madressah boards. Since 2019, ten new boards have been established, which seemingly pose a challenge to the monopoly enjoyed by the five traditional seminary boards.
Ashrafi says ‘no issue’ with madressahs registering under new bill
Pakistan Ulema Council Chairman Maulana Tahir Mahmood Ashrafi welcomed the registration of madressahs with government ministries but urged against exploiting the students and institutions for political gains.
“There are 15 madressah boards registered with the government,” Ashrafi said in a video statement posted on X. “Of those, there are five that want to be registered with the Ministry of Industries, while 10 want to be registered with the Ministry of Education’s (MoE) department for religious education.
“There are 18,600 madressahs registered with the MoE with 2.3 million students,” Ashrafi added.
He requested that the government keep the “futures of the students in mind” as it creates legislation on madressahs. “We want the 10 new boards to be registered with the MoE,” he said, adding that any existing systems can remain in place. “Those boards that wish to be registered with the ministry for industries can do so.”
Ashrafi added that while there are multiple systems of education in place, “there should be no issue in maintaining multiple systems for operating madressahs”, as it will “clear up any disagreement”.
“We have no issue with madressahs registering with [the] Society Act, but remember — there are 2.3m students and 18,600 institutions at stake,” Ashrafi said. “We do not want them to become pawns in a political game.”
He emphasised that madressahs should be able to register with whichever ministry they so choose.