ISLAMABAD: The Federal Shariat Court (FSC) has declared Swara un-Islamic.
A three-judge bench headed by FSC Chief Justice Noor Mohamed Meskenzai said the practice of giving a minor girl to settle disputes was against Islam’s injunction.
While considering a petition filed by Sakina Bibi, the bench observed that the ulema had developed a consensus that vaani, or swara, was against the teachings of Islam.
Swara is a practice in which girls, often minors, are often married or enslaved as compensation to the victim’s family to end disputes that have been killed. It is a form of arranged or forced child marriage and results in punishment decided by a council of tribal elders called jirga.
It is said that the practice of giving a minor girl to settle a dispute is against the injunction of Islam.
The petitioner, a concerned citizen, challenged the practice of speech for several reasons. According to the petition, the practice being followed in jirgais and panchayats – the traditional forum for dispute resolution – takes away the fundamental rights of a woman or a young girl.
It argued that the Jirga or Panchayat misunderstood the concept of ‘Badla-e-Sullah’ – compensation for settling the dispute by offering a young girl to the victim’s family. The petitioner requested the court to declare the practice illegal.
Dr Mohd Aslam Khaki, consultant jurist in the FSC, said Vani violated at least four fundamental rights. According to him, since the girl is offered by the accused family, in most cases she is deprived of even basic facilities, hence a victim of discrimination.
Secondly, she is married to a man without her consent. Third, she is not entitled to dowry, and fourth, she cannot file a legal suit for open-divorce.
According to Dr. Khaki, the legitimate way to settle a murder is the payment of diyat or blood money, which is acceptable in Islam; However, the traditional forum for dispute resolution considers Vani or Swara as a valid method of dispute resolution. But the Ulema do not consider this practice to be Islamic.
Published in Dawn, October 26, 2021