Madressah Reforms in Pakistan: Amendments, Challenges & Solutions

Madressah reforms were in the spotlight again as the President of Pakistan assented to the Societies Registration (Amendment) Act, 2024. Pakistan has a very chequered history in dealing with these Madrassahs, and debates regarding their regulation and registration have never reached a logical conclusion. A large proportion of madrassahs remain unregistered even after multiple attempts. This article explains the intricacies of madrassah reforms, and the ongoing spat between madressah authorities and the state, considering the amendment to the Societies Registration Act of 1860.

Historical Background:

Religious Seminaries, also known as Madressahs, hold important value in Pakistan’s society. Around 245 Madressahs were present when Pakistan gained independence. The mushrooming growth continued and numbers multiplied throughout the regressive Islamization of Gen. Zia Ul Haq. During the Soviet-Afghan Jihad, the military establishment weaponized this institution and used it for proxy wars under the pretext of strategic purposes. What unfolded was a dramatic radicalization of society, leading to the unraveling of our social fabric. Pakistan’s post-9/11 approach placed this institution under the umbrella of National Security as it was seen as a breeding ground of militancy and extremism. The National Action Plan, formulated in 2014, was another attempt to substantiate this stance that Madrassahs pose a threat to national security and integration.

Currently, there are more than 45000 madressahs across Pakistan, which serve around 2.5 to 3.5 million students. Nearly 75000 teachers are employed in this sector. Their administration is overseen by the five Islamic boards: Tanzeem-ul-Madaris (Barelvi); Wafaq-ul-Madaris al-Arabia (Deobandi); Rabita-ul-Madaris al-Islamia (Jama’at-i-Islami); Wafaq-ul-Madaris al-Salafia (Ahl-e-Hadith); and Wafaq-ul-Madaris Al-Shia (Shia). A supra-body that oversees their running is Ittehad Tanzeemat Madaris Pakistan (ITMP). Each madressah operates with a remarkable level of independence when it comes to managing its administration and finances. This autonomy allows them to tailor their approaches and make decisions that best suit their unique needs and goals.

Resisting Reforms:

The National Security Approach warned that religious clergy view reforms as threats to their authority and therefore face considerable resistance. However, the Musharraf administration was the first to start registering madressahs. Reforms to the curriculum were also proposed. During the Musharraf administration, no significant advancements were achieved. Authorities suppressed extremist factions by cracking down on madressahs. The result of all of this was the 2007 Lal Masjid Operation. Consequently, the narrative of national security gained strength in the minds of religious clergy after this violent confrontation. In 2019, the PTI government founded the Directorate General of Religious Education (DGRE) to register madrassahs under the federal education ministry.  Before the establishment of DGRE, madressahs were supposed to register under the Societies Registration Act of 1860. This act provided them with more autonomy in their financial and administrative matters. Moreover, the monopoly of five wafaqs was largely maintained through it. Registration under the federal education ministry brought more challenges for the madressahs. Additionally, it was supposed to regularize financial matters and mainstream the process of funding. Traditional coalition group (ITMP) faced another significant challenge as 10 newly established Wafaqs got registered under DGRE. This posed a threat to the monopoly of ITMP as the new boards are influenced by the Pakistan Ulema Council led by Tahir Mahmood Ashrafi, which came out in opposition to the recent amendment.

Amendment to the Societies Registration Act of 1860:

Historically, seminaries are registered under this act. Though, the original intent of this act was to regulate charitable, literary, scientific, and cultural societies. An amendment was made in 2005 to cater to the registration of Deeni Madressahs by incorporating section 21. It has four subsections. Madrassahs came directly under the supervision of the district administrations. Though it was mandatory to submit annual reports of their audits to the registrar, it didn’t include any coercive measures. Madressahs were prohibited from teaching literature which spread militancy and hatred. Registration was made mandatory for all Deeni Madaras. Only one registration was needed for madrassah having more than one campus.

The amendment reverted the decision made back in 2019 and placed Madrassahs again under district administrations (relevant DC office). Three more subsections were added to it: a deeni madressah already registered under another law shall get registered within six months of the commencement of this amendment act; for newly established madressah, registration shall be mandatory under this act within one year and madrassahs shall include contemporary subjects in their syllabi subject to their resources. Moreover, once registration is completed, Madressahs shall not be eligible to get registered under any other law being enforced at the moment.

To pacify both groups, President Zardari promulgated the Societies Registration Amendment Act of 2024 along with the Societies Registration Amendment (Ordinance), which includes a traditional cohort of five wafaqs and ten newly established wafaqs. Through Ordinance, section 21-C has been added which gives choice to the madressahs to get registered with the Ministries of Industries and Production under the Societies Registration Act or remain with the Directorate of Religious Education (DGRE), following the 2019 agreement.

Issues Raised by the President:

President Zardari raised valid objections and warned of global sanctions before signing the amendment. Pakistan remained on the FATF grey list from 2018 to 2022, resulting in a loss of $30 billion in foreign investment. FATF, not fully satisfied with compliance, demanded reassurances and improvements to combat money laundering and terror financing. One of the demands was to place seminaries under federal laws and get them registered to ensure their transparency in financial matters. This led to the creation of DGRE. President Zardari argued that reverting the current legal regime could invite global criticism. He pointed out that the proposed amendment has legal and jurisdictional issues. It could create ambiguity and override existing laws without specifying relevant provisions.

Recommendations:

Pakistan ranks very poorly in the education sector, with more than 20 million children not attending school (UNICEF). The madrassah sector provides basic literacy to pupils from poor backgrounds, along with lodging and free meals. Comprehensive reforms based on accurate data and multi-pronged approaches are needed to address the issues.

The government should adopt an education reform approach rather than a national security perspective. This shift would help alleviate concerns among madrassah authorities regarding reforms and reduce the lack of trust between both parties. The foundation of this policy should be based on three E’s: Education, Engagement, and Employment.

Madrassah registration should be made mandatory, with non-compliance resulting in penalties. District-level inspection teams should be established to oversee this process. Additionally, madrassah students frequently face severe corporal punishment. According to data compiled by the Society for the Protection of Rights of Children (SPARC), nearly 83 percent of madrassah students experience this form of discipline (ResearchGate). This leads to physical harm and psychological consequences such as low self-esteem and anger. Teachers who resort to corporal punishment should be penalized. Inspection teams at the district level should expand their scope to educate students about their rights.

The government should also conduct workshops for madrassah teachers to familiarize them with modern pedagogical methods. Current teaching techniques contribute to coercive environments that reinforce rigid mindsets. Furthermore, financial monitoring should be prioritized. Many madrassahs receive funds from Saudi Arabia and Iran, in addition to local contributions from the public and politicians. Annual auditing teams should be formed to regulate these funds. Donations from international sources should be distributed proportionally among madrassahs to ensure fair allocation.

Another critical issue requiring attention is the rampant sexual abuse in seminaries, which raises serious concerns about the accountability of madrassah custodians and the state (Al Jazeera). As children are the most vulnerable members of society, they must be protected through effective mechanisms. The government should collect data on this issue and enforce strict punishments for perpetrators. Article 25(3) of the Constitution of Pakistan, 1973, grants the state the authority to enact special provisions for the protection and well-being of children (Dawn). It is the state’s fundamental duty to shield every child from abuse, exploitation, and violence. Justice Mansoor Ali Shah, a senior puisne judge, recently reinforced this principle in a ruling on children’s rights. He argued that courts should adopt a child-centered approach that upholds children’s dignity while focusing on rehabilitation and reintegration into society (Supreme Court of Pakistan).