Compensation Marriages


http://www.statesman.com.pk/opinion/opin6.htm


**Not sure if this should come under Politics or Culture. I think Culture. Altough this article focuses on NWFP, this is practised all over the Nation, probably all over the Muslim world . **
**In NWFP the pattern is overall decreasing but still there in some areas. **
**You have int he upper classes of pakistan a similar thing based on Who knows Wwho. Marriage might occur to strenghten families positions etc. **


Blood feuds trap girls in ‘compensation marriages’

Rights groups are actively campaigning against a brutal custom that forces families to give away their daughters in marriage as compensation for murder and as settlement of disputes in NWFP.
Much of the campaign involves voluntary groups holding workshops and meetings to raise awareness, and lawyers providing free legal aid to victims of ‘swara’, the custom under which minor girls are made to pay for offences committed by their fathers or male relatives. The custom is also prevalent in adjoining parts of Punjab province where it is called ‘vanni’.
Zainab Bibi was married at 13, divorced by 16, and has two children to look after. “I was married to a 50-year-old man. My brother had killed a man from that family. To settle the dispute, my hand was given in marriage which ended in divorce,” she told IPS in the Mardan.
Zainab remembers that the three years at her in-laws’ house was like hell. “Everyday, they beat me for petty issues apparently in revenge for the murder,” she recalled in tears. Now on her own, she is raising her children with her father’s support.
There are thousands of women like her in the NWFP, but their stories seldom make it to the media, says Rakshanda Naz, resident director of Aurat Foundation in Peshawar. Neither does legislation provide relief to the victims, she added.
According to anthropologist Samar Minullah, director of the ‘Ethnomedia’ organisation and maker of a hard-hitting documentary on ‘swara’ in 2003, the practice is so deeply entrenched in Pakhtun and other tribal societies that it is difficult to raise a voice against it.
Policy-makers who could have outlawed the practice have shown no interest in stopping ‘swara’. It stigmatises a woman for life and there is little chance for happiness because there is no ‘honour’ in the marriage.
Yasmeen Hassan, author of ‘The Haven Becomes Hell: A Study of Domestic Violence in Pakistan’, writes that the “concepts of women as property and honour are so deeply entrenched in the social, political and economic fabric of Pakistan that the government, for the most part, ignores the daily occurrences of women being killed and maimed by their families”.
Under prevailing law, if a ‘swara’ victim files a complaint with the police, her father could be arrested. “This stops the victims from speaking up to get relief,” Minullah observed.
Sabeena Gul of ‘Shirkat Gah’ and Mussarat Syed of ‘Khwendo Kor’, both women’s rights and advocacy groups, said ‘swara’ satisfied the need for ‘revenge’ that is strong among Pushtoons, and other ethnic groups in the region.
It is believed that the children of such unions could help keep peace between feuding families. Whether this happens or not, the girl taken in ‘swara’ bears the brunt of it all and is forced into a life of near slavery in the home of the ‘enemy’.
It is left to the aggrieved party to pick a girl and, if the dead man had high standing in society, his heirs may even take away two girls in ‘swara’. The process is overseen by the ‘jirga’, which usually favours the more influential family.
The victim herself has no say and typically she is taken away on reaching puberty. In order to deny her family any dignity, the nikah may be deliberately delayed. The girl bears the stigma for the rest of her life.
In fact, the whole procedure violates Islamic matrimonial law which requires the consent of both the man and the woman about to enter into marriage.
Rakhshanda Parveen from ‘Sachet’, a non-governmental organisation, describes swara as “culturally-sanctioned practice of violence against women”.
‘Swara’ victims may land in jail for crimes they did not commit. Twenty-two-year-old Gul Marjan from Kohat district is serving a life term at Haripur prison after being convicted on charges of killing her husband. Her appeal is pending before the Peshawar High Court, which has fixed Jun. 4 for the hearing of her case.
The young woman was accused of murder by her father-in-law, Eid Bacha, who claimed that Gul, who was given in ‘swara’ to his son in 1997, had strained relations with her husband. Handed over against her will at a jirga, she was made to pay for her brother’s illicit relations with a girl from Bacha’s family.
The deceased, Zahir Shah, was killed on Dec. 3, 1998. The first information report (FIR) was registered by Gul herself. She told the police that she was in her room when she heard a gunshot and then saw her husband lying injured outside.
But, she was convicted by a local court on the basis of her confessional statement, in which she said that her husband used to torture and beat her. She claimed that, on the night of his death, he loaded a gun and aimed it at her. Gul tried to save herself and, during the scuffle, the gun went off resulting in his death.
Later, she retracted the statement and claimed that she was forced by the police to record it.
Her advocate, Noor Alam Khan, who heads ‘Voice of Prisoners’, a legal aid group, told IPS that Gul suffered twice. “First she had to pay the price for the misdeeds of her brother, and now she has been in prison since 1998,” he said. Khan has already defended four women given in ‘swara’, and won their acquittals.
“Swara and vanni are pre-Islamic customs and have no room in Islam. Therefore, they must be condemned and strict punishment should be awarded to the accused under Islamic laws,” said Syeda Viqaur Nisa Hashmi, a research associate with the National Commission on Status of Women. - IPS

Re: Compensation Marriages

Jaahil Log. Kab aur kaisey khatam hogi yeh jahalat.
Specially in NWFP women are used like goats and cows..they can't be helped unless they stand up for themselves.

Re: Compensation Marriages

It’s sad and shameful.

Idiots would jump up and down to try and rename NWFP or make Pashto the medium of instruction at schools but when it comes to real important issues like this they turn a blind eye.

We have so many hurdles to overcome in our province, so much backwardness, illiteracy, poverty, murder, drugs, no human rights. We need to address these real problems before we start worrying about language and other silly non-issues.

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No one denies this is a problem. Its unislamic, adn we have to stop such practices. I think we need to pump a hell lot of money in the education sector.

P.S. Jal thats a gross generalization, yeh there are terrible practices, but women are not treated like goats or cows.

Re: Compensation Marriages

It is true that there are many problems,
but the issue of language and the name
NWFP are seperate issues, lets not mix
the 2. One is a moral issue and the other
is an identity issue. Morally these and
many other heinous crimes occur all over
the world (which includes USA). There are
crimes that occur in the US which are more
terrible than the crimes mentioned here.
Every country, province,
state has problems, that is not the issue,
the issue is what are you and I doing to
make it better. What I find frustrating is
that most people dont realize that when
they point the finger at someone else
only one finger points away from them,
while 4 fingers of their own hand point
right back at them. Bringing issues to
the forefront and discussing them is good,
but to verbally bash them doesnt help the
innocent girls we "feel bad" for, if one
has to comment let it be constructive and
inspiring to others, so that we may all
benefit as a nation and Ummah.
And just to set the record straight, all these
practices come from a pre-Islamic
era and ideology, which are prevalent thru-out
Pakistan and are not limited to any one Province.

Re: Compensation Marriages

ths applies to most women in pakistan...the rmikhtaran rape case highlighted hwo hard it is for a woman to claim rape in pakistan on very genuine grounds

Re: Compensation Marriages

So who says culture doesn’t dictate abuse against women? :rolleyes:

Re: Compensation Marriages

Its funny how you rarely hear about this stuff in the news:naraz:

Re: Compensation Marriages

The practice of "Swara" in old days was used to bond two fueding clans or families together and put an end to their enmity. As such there was a rationale for it. It is although unfortunate that the peace came at a cost to women. Anyhow the practice is almost extinct now.

The NGOs are just making this hue and cry to grab some Western funds.

Anyhow, if the practice is still there, it must be banned immedialy. There must be no compromise on human liberty.

Jal Paree, come out of the closet now. Rural Pakhtunkhwa is probably the most educated and progressive in Pakistan because of the non-existence of fudalism and Pashtun egalitarian values.

And as a pure Pakistani Musalman, what do you say of a far more brutal practice sanctioned by Islam i.e. after killing or humbling your enemy in a "holy war", catch his daugthers, sisters, and mothers and turn them into cancubine (to be used as sex objects)? (also that Pakistan has been established to make a recourse to the purity and fundamentals 1400 years ago).

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Interesting reply last rora. I believe there needs to be an end to swara, and I think education is the way, but the idea of fuedalism is not with pashtunwali, as we don't believe in such beliefs. If anything this feudalism came with the Mughals and/or British.

P.S Off topic, but the poem Afghan Passion, do you have the pashto version? I love that poem a lot. Dera manana.

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LastOfTheDinosaurs I do not agree that this practise is almost extinct in NWFP and few punjab villages. Some people need to come out of closet to see around what is happening in these area. What you are talking about applies to only few prominent and rich families who do not bend toward such practises. Most of poor people in these villages still follow stupid policies of Jirga’s and ofcourse we all know jirga consists of only men. The only and only reason we hear about these things is becuz Western media is laughing at us. Jirga system was only good in 19 century when some respected people used to follow Islam and Shariah, but its not good anymore and is only cruel to women. If you still go to poor villages of NWFP, punjab and sindh, people are so afraid to send their daughters to school and colleges. WHy?? who is stopping them? WHat are they so afraid of?
MR. LastOfTheDinosaurs it truly does not matter if its ur pakhtunistan or any other area, the fact is when anyone else hears about it, they hear the word PAKISTAN. They don’t care if its punjab or nwfp or whatever. WHen my collegue read this article who is european…she said ohh lets bomb these places in Pakistan. Obviously, it made me angry at her :mad: So please don’t make ur “daer eenth ki masjid” when it comes to this awful issue in hands, we are all are equally responsible. If you wanna talk about something that happened 1400 years ago please open a new thread in religion. It is existance of Pakistan today that such heinous crimes have been reduced in the cities(not extinct) :rolleyes: Please do look at the statistics.
Faruk Khan brought a good point that illiteracy plays a major role in this. But I see that it is still not helping much…it is at extremely slow pace becuz jirga or someone at higher grounds puts a stop to it specially for girls and then they are married off at age 13. How can education be enforced?

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Jirga is not only for men, historically famous pashtun(afghan) women like Nazo Ana and Zarghona have had a part in jirgas. Jirga is a senate, much like the greeks have or had, but unlike them money does not merit your participation, rather its honour and Pashto which gives you credibility. Maybe you should read up on jirga rather than throwing such assumptions. No one is saying pashtuns are angels, but some of these claims have no base. Its due to jirgas that the tribal areas has a low crime rate than the rest, beacuse everything is settled through jirga. Jirga is also the basis of the parliament of Afghanistan.

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Tribal areas might have lower crime rate due to Jirga which includes murder, stealing, drugs, property issues, but it is no way in justification for women. The above article shows that it was Jirga's decision that woman was send off to another village to get beat up and raped for 2-3 years. WHere is the credibilty of Jirga when these stupid decisions are made. Jirga should be wiped out completely becuz as long as they are in work women will always suffer.

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Let me give you an example, in the states we have people wrongly convicted all the time. In fact this happens in europe as well. In such advanced countries if people can be wrongly convicted, then lets scrap their court of law as well. Granted they didn't give such a terrible crime as the beating of a women. However this is totally against the tenets of pashtunwali, you can't force a women to be raped, it is a very low act, and is punishable by death at that moment. Jirga is still extremely credible, more so than any institution for pashtuns, regardless of gender. What pashtuns need is education and awareness, not scraping of such staple instituions to our afghan/pashtun history.

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I understand what you are saying DASBZ_05, however when Jirga makes a decision, there is barely any evidence involved. It is surely very easy to have any guy stand up front of Jirga and make up anything against a women. Then she gets labeled as shame to the village. Do keep in mind our culture beleives that a guy never shames his family but a woman does. This rarely ever happens in states, yes I agree mistakes do happen. But specially in these areas men are prone to point fingers to women even at a small crime like talking to another guy outside her village. Even today if you ask this jirga who made the decision to send off that girl to get raped, they will still believe that it was a justified decision becuz she was married off to the guy. So for them marriage was the justification. How can any jirga be credible when most of their decisions are so twisted. Are you really telling me that morons in this particular jirga will ever be punished as death? We both know this will never happen. To this date jirga is not comprised of educated people and I do not think it will ever happen, it has been going on for centuries that Quran is manipulated in their on ways. The only way is to replace all these jirga people with a highcourts.

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This is just one incident, as far as I cna remember disrespect of a woman is unacceptable. I mean most of our tribal fights revolve over women, and someone disrespecting them. One issue does not shoot down jirga, it has more credibility than any instituition for pashtuns(afghans). Oh yeh what they need is education, jirga is a good system, adn woemn can participate, men can not just speak falsehoods about a female, not only her but her tribe or family name is on the line. PLus, a mother's testimony is more sacred and si even taken above her sons.