Pashtunwali Vs Sharia

[muqawwee123]

An interesting extract from the book ‘Pakistan - A hard country’ by A Natol Lieven.

Under the British, the Muslim Shariah Act of 1937 abrogated (officially, that is) customary laws with reference to Muslims and applied to all Muslims instead the provisions of the Shariah as regards all issues of personal law, marriage and inheritance. In justifying this, the British government of India cited the formality and certainty of the Shariah compared to the informality and endless variations of customary codes. However, according to M. P. Jain:

" A much more sound reason to abrogate custom was that under it the position of women in matters of inheritance was inferior to
that under Muslim law … The abrogation of customary law was a result of the agitation carried on by such bodies as the Jamiatul-
Ulema-i-Hind [a forerunner of the contemporary JUI], an organization of Muslim religious men. Support was lent by many
Muslim women’s organizations which condemned the customary law as adversely affecting their rights"

Educated women in the Pathan areas of Pakistan are still well aware of this difference. Thus in May 2007 I provoked a fascinating discussion among students of Peshawar University concerning the Taleban’s promotion of a strict version of the Shariah, whether this conflicted with the traditions of the pashtunwali and, if so, which should take precedence. At first, the great majority tried to argue that there was no conflict between the two traditions, and their professor cut in with ‘**Well, the main point is that all my customs, whether they are good or bad, are different from those of Punjab’ **– at which there was another tremendous burst of applause.

When, however, I pressed them to state a preference between the Shariah and the pashtunwali, twelve chose the pashtunwali and fourteen the Shariah, with the rest not voting. The striking thing was that most of the men chose the pashtunwali and all the girls chose the Shariah. They did not state their reasons, but they seem obvious enough. Restrictive though they appear to Westerners, the provisions of the Shariah proscribe the most savage provisions of the pashtunwali as far as women are concerned – like the odious practice of giving girls as part of the settlement of feuds between families – just
as the Koran was intended to reform the savage tribal traditions of seventh-century Arabia.

The Shariah also guarantees a share of inheritance to girls, while the pashtunwali gives it only to boys; and furthermore it guarantees rights to wives in the case of divorce. This progressive aspect of the Shariah was also something that the Information Secretary of the MMA (Muttahida Majlis-e-Amal) Islamist alliance (then forming the government of the NWFP) stressed to me in an interview later that afternoon, emphasizing that his party stood for Islamic progress against tribal barbarism.

For all that, there is no chance of the Shariah as preached by the Taleban sweeping Pakistan, for the same reasons that the Taleban themselves cannot sweep Pakistan. The first is that while the ruling elites may be willing to make any number of local compromises with the Shariah, they will fight hard and successfully to prevent Islamist revolution.

That leaves open the possibility that moderate Islamist forces in Pakistan might develop a new form of the Shariah like that of the modern state in Iran, more adapted to the contemporary world. But this will be extremely difficult in Pakistan, because the different Islamist groups in Pakistan cannot agree on which form of the Shariah is in fact valid. While Iran has a unitary and centralized form of Shia Islam, Pakistan – quite apart from its Sunni – Shia divide – has a multifarious collection of different forms of Sunni Islam.

How do you see local customs abusing women rights? I agree with the writer to the extent of inheritance rights of women in Sindh’s traditions.

[muqawwee123]

Re: Pashtunwali Vs Sharia

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[calypsodc]

Re: Pashtunwali Vs Sharia

@muqawwee123

An interesting extract from the book 'Pakistan - A hard country' by A Natol Lieven.

How do you see local customs abusing women rights? I agree with the writer to the extent of inheritance rights of women in Sindh's traditions.

If Pashtuwali and similar ethical tribal codes are unwritten, where did they originate from? Did a group of men who were taking a break from fighting and pillaging suddenly decide to make the lives of their women miserable one day? If some social norm is outdated, why not create a new one which benefits all society? You don't need to even consult religion. Human decency and intellect are more than enough for that.

[Ali_Syed]

Re: Pashtunwali Vs Sharia

Pashtunwali is similar to mosaic law as well, as per some information I found on the net.

[muqawwee123]

Re: Pashtunwali Vs Sharia

@Ali_Syed

Pashtunwali is similar to mosaic law as well, as per some information I found on the net.

Hence proved Yusufzais are lost tribe of Bani Israel :p

[muqawwee123]

Re: Pashtunwali Vs Sharia

@calypsodc

If Pashtuwali and similar ethical tribal codes are unwritten, where did they originate from? Did a group of men who were taking a break from fighting and pillaging suddenly decide to make the lives of their women miserable one day? If some social norm is outdated, why not create a new one which benefits all society? You don't need to even consult religion. Human decency and intellect are more than enough for that.

It is not against human decency and intellect to expect women denouncing their right in inheritance in most of the cultures of Indo-Pak. Pashtunwali is not an exception. The customs like wani, karo kari, Walwar (bride price) is acceptable custom in their respective cultures and one can find a support for these practices in those areas.

[calypsodc]

Re: Pashtunwali Vs Sharia

Ask women who are not being made into social puppets by men what they want then. Wani, Walwar and Karo kari are accepted by all the men and some women, I am sure. But I still find it intriguing that most of the men chose the pashtunwali and all the girls chose the Shariah. In this case Shariah gave the women more rights than pashtunwali so the girls opted for it. So the hunger for change is there but not the power to do so. The women have become like caged birds, even after the cage is open, the bird who has spent years in captivity is scared of the unknown and prefers to live in familiar confinement.

[muqawwee123]

Re: Pashtunwali Vs Sharia

@calypsodc

Ask women who are not being made into social puppets by men what they want then. Wani, Walwar and Karo kari are accepted by all the men and some women, I am sure. But I still find it intriguing that most of the men chose the pashtunwali and all the girls chose the Shariah. In this case Shariah gave the women more rights than pashtunwali so the girls opted for it. So the hunger for change is there but not the power to do so. The women have become like caged birds, even after the cage is open, the bird who has spent years in captivity is scared of the unknown and prefers to live in familiar confinement.

I had a personal experience in respect of inheritance of my Mom. One fine morning, she got a phone from her brothers to visit mayka to sign before the advocate le-dawa (denouncing her right in inheritance) and she did it by saying ‘zara si jaidad (wealth) ke liye zamane ki baten kiyun sunne’. Though our family didn’t object to her decision (as it is generally accepted thing in society), but I did asked Amma lot of questions

[calypsodc]

Re: Pashtunwali Vs Sharia

@muqawwee123

I had a personal experience in respect of inheritance of my Mom. One fine morning, she got a phone from her brothers to visit mayka to sign before the advocate le-dawa (denouncing her right in inheritance) and she did it by saying ‘zara si jaidad (wealth) ke liye zamane ki baten kiyun sunne’. Though our family didn’t object to her decision (as it is generally accepted thing in society), but I did asked Amma lot of questions

I understand what you are saying muqawwee. But don’t you think that it is hypocritical women be encouraged by society and culture to denounce what is rightfully theirs so that all the familial relationships are kept intact? Why don’t men let go of what does not belong to them without making an issue. If women can do it for peace and harmony then men can do the same right? Or are bonds of culture and family important only to women and not men?

[muqawwee123]

Re: Pashtunwali Vs Sharia

@calypsodc

I understand what you are saying muqawwee. But don't you think that it is hypocritical women be encouraged by society and culture to denounce what is rightfully theirs so that all the familial relationships are kept intact? Why don't men let go of what does not belong to them without making an issue. If women can do it for peace and harmony then men can do the same right? Or are bonds of culture and family important only to women and not men?

I asked same question from my amma and she was like 'wealth doesn't matter. The love and respect should be there' 'and they offered me this and that amount, but I refused'. Women are also denied right to inheritance in our cultures by letting them know directly / indirectly that they had their part in the name of dowry.

[Ali_Syed]

Re: Pashtunwali Vs Sharia

@muqawwee123

I had a personal experience in respect of inheritance of my Mom. One fine morning, she got a phone from her brothers to visit mayka to sign before the advocate le-dawa (denouncing her right in inheritance) and she did it by saying ‘zara si jaidad (wealth) ke liye zamane ki baten kiyun sunne’. Though our family didn’t object to her decision (as it is generally accepted thing in society), but I did asked Amma lot of questions

I personally don’t understand how real brothers can do something like this to their sisters, sad and there’s no where they can go for having it sorted out.

[muqawwee123]

Re: Pashtunwali Vs Sharia

@Ali_Syed

I personally don't understand how real brothers can do something like this to their sisters, sad and there's no where they can go for having it sorted out.

If a lady insist to get her share, she is looked down upon as she commit some adultery or crime by claiming right in inheritance.

[Ali_Syed]

Re: Pashtunwali Vs Sharia

@muqawwee123

If a lady insist to get her share, she is looked down upon as she commit some adultery or crime by claiming right in inheritance.

I think time has arrived to change these things, in some cases the lady does not need inheritance but in other cases the women are poorer as compared to their brothers, still they are ignored. Every one should get their rightful inheritance. By denying this the usurpers are only creating problems for themselves in the hereafter.

[LP]

Re: Pashtunwali Vs Sharia

Sad.

[marwati]

Re: Pashtunwali Vs Sharia

The writer of the article is so stupid, pashtunwali is not religion neither customs and traditions are included in pashtunwali. Not every thing about pashtuns is pashtunwali.
Pashtunwali also doesnt addresses inheritance issues…giving no share in immovable property i.e lands to daughters in inheritance is custom among pashtuns not pashtunwali.

ANP government did some thing about it,
Bill in K-P Assembly seeks to get women property rights – The Express Tribune

[muqawwee123]

Re: Pashtunwali Vs Sharia

@marwati

The writer of the article is so stupid, pashtunwali is not religion neither customs and traditions are included in pashtunwali. Not every thing about pashtuns is pashtunwali.
Pashtunwali also doesnt addresses inheritance issues…giving no share in immovable property i.e lands to daughters in inheritance is custom among pashtuns not pashtunwali.

ANP government did some thing about it,
Bill in K-P Assembly seeks to get women property rights – The Express Tribune

The writer doesn’t say that Pashtunwali is a religion. In fact he conduct a debate in Peshawer University asking students to select from Pashtunwali and Sharia. The link you posted about ANP’s efforts itself refers to Islam for inheritance rights. If our communities and traditions have valued women’s rights in inheritance, then there was no need to pass such bills.

[marwati]

Re: Pashtunwali Vs Sharia

@muqawwee123

The writer doesn't say that Pashtunwali is a religion. In fact he conduct a debate in Peshawer University asking students to select from Pashtunwali and Sharia. The link you posted about ANP's efforts itself refers to Islam for inheritance rights. If our communities and traditions have valued women's rights in inheritance, then there was no need to pass such bills.

Did i say any where that pashtuns should prefer pashtunwali over islam?
No society is static, it evolves. The bill against such practices would discourage this practice and it may not exist in future. Now this member cyclopsodic is bashing pashtuns for this bad practice but he should be reminded that its the same pashtuns who have passed bill against such practice in KPK assembly.
I have noticed that such practice exists in under-educated and poor families of pashtuns who heavily rely on income from lands. You wont see educated and well-fed pashtun families denying this right of inheritance to their daughters/sisters. So it is directly related to lack of development, economic prosperity and litreacy in those areas. Neither it has any thing to do with pashtunwali norr it has to do with poor understanding of islam (most of the pashtuns fully know the inheritance laws in islam)......

Nowadays Taliban have bad reputation but originally taliban tried to eliminate all the bad practices and unislamic customs among pashtuns, thats why bareilvi hazraat label them wahabis.......but the fact remains that pashtun masses in afghanistan heavily suppoerted them in their efforts of reforming pashtun society.

Before Taliban, khudai khidmatgar tried to reform pashtun society , emphasized on non-violence, women rights etc but they lost credibility after creation of pakistan.

Another effort was done by communists of afghanistan, they brought "red revolution".......came with every kind of reforms, from land reforms to girls education.........but they were forceful in their implementation of reforms...which led to bloody protests, which ultimately led to russsian-afghan war.

[muqawwee123]

Re: Pashtunwali Vs Sharia

@marwati

Did i say any where that pashtuns should prefer pashtunwali over islam? No society is static, it evolves. The bill against such practices would discourage this practice and it may not exist in future. Now this member cyclopsodic is bashing pashtuns for this bad practice but he should be reminded that its the same pashtuns who have passed bill against such practice in KPK assembly. I have noticed that such practice exists in under-educated and poor families of pashtuns who heavily rely on income from lands. You wont see educated and well-fed pashtun families denying this right of inheritance to their daughters/sisters. So it is directly related to lack of development, economic prosperity and litreacy in those areas. Neither it has any thing to do with pashtunwali norr it has to do with poor understanding of islam (most of the pashtuns fully know the inheritance laws in islam)......

Nowadays Taliban have bad reputation but originally taliban tried to eliminate all the bad practices and unislamic customs among pashtuns, thats why bareilvi hazraat label them wahabis.......but the fact remains that pashtun masses in afghanistan heavily suppoerted them in their efforts of reforming pashtun society.

Before Taliban, khudai khidmatgar tried to reform pashtun society , emphasized on non-violence, women rights etc but they lost credibility after creation of pakistan.

Another effort was done by communists of afghanistan, they brought "red revolution".......came with every kind of reforms, from land reforms to girls education.........but they were forceful in their implementation of reforms...which led to bloody protests, which ultimately led to russsian-afghan war.

Where did she bash Pashtun? Are you sure you are not reading in between the lines?