Swara:Women as property
Author:M.Ali Babakhel
Aurat Foundation, T/229 & 230, Khyber Colony 2, Tehkal Payan, Peshawar
The Pakhtoon culture is mainly governed by a code of honour known as Pakhtoonwali. The non-observance of such a customary law is considered disgraceful leading to grave consequences for the violator. badal (revenge) has become part of Pakhtoon law. It can only be avoided through compromise or reconciliation. More often than not this is achieved through swara.
Swara is a traditional practice common in Pakhtoon tribal society where women are treated as the property of men. In traditional terminology it refers to a girl handed over to the aggrieved family as compensation for the killing of a man, the abduction of a girl or for ending any other dispute. The girl should be a near relative (daughter, sister, etc.) of the offender.
In Pakhtoon tribal society, marriage is arranged by paying a price to the bride's family, which is called wulwar, but in the case of swara, the family giving away their woman loses all right to that amount. There is no wedding ceremony for the swara. A swara is denied the right to dowry or Mehr. More agonizing is the fact that such ill-fated individuals cannot even dissolve their marriage.
The worst aspect of the swara tradition is that killers and even those who have played with someone's honour go scot-free. The culprits, who are afraid to face accountability for their misdeeds, seek shelter behind their sisters or daughters.
The book also examines the history of this primitive tradition. In the days of the jahillya, Arabs used to capture the women of the vanquished enemy after a battle. The practice, which was called sabbaiya, was later banned by our Holy Prophet (PBUH). According to the teachings of Islam, the consent of both the man and the woman is obligatory before tying the knot. According to the Islamic matrimonial law, parents or guardians cannot force their choice on their daughters or sisters.
The practice of swara is directly opposed to the Universal Declaration of Human Rights, the Convention of the Elimination of all Forms of Discrimination against Women and the Convention of the Rights of the Children (1989). The National Commission on the Status of Women, in a recent three-day consultation (Feb 12-14, Peshawar), has demanded of the government to declare swara and vanni practices as penal offences. The Law and Justice Commission has also taken serious notice of the increasing incidents of vanni and swara. It has proposed necessary amendments in the law to dissolve such marriages.
But despite opposition by a few, this maligned tradition is still a big part of the Pakhtoon culture. Mohammad Ali Khan Babakhel, a police superintendent, is one of those enlightened Pakhtoons who have become vocal against such lamentable traditions. His book, Swara - Women as Property, makes a strong case against this degrading practice.