Continuing with sawra

Jurist consultant at Shariat Court argued that sawra violated several fundamental rights of females granted by Islam

After being exacerbated by non-implementation of the Supreme Court order declaring the custom of vani, or sawra, un-Islamic and of the related law, a woman moved the Federal Shariat Court for prohibition of the custom, and it too has ruled the tradition violative of religious injunctions. The top court had declared the custom un-Islamic in 2019, and later the parliament passed a law, which prescribed seven years’ imprisonment for violation of the legislation. It was for the government to enforce the law, but it appears that it has either failed in carrying out its responsibility or it has only perfunctorily implemented the law.

The custom of sawra is resorted to in order for settling disputes, especially those of murder. Local jirgas or panchayats decide to give a minor girl or woman to the aggrieved party in marriage or servitude. The jurist consultant at the Shariat Court argued that the custom of sawra violated several fundamental rights of females granted by Islam. The usurpation of rights takes various forms like the female is married without her consent; she can be treated like a slave and she has no right to seek legal remedy; and she cannot seek dissolution of the marriage through khula. Despite the Supreme Court decision of 2000, jirgas continue to be held in different parts of the country. The prevalence of the jirga system goes against the spirit of democracy and of justice.

Repeated court decisions should spur the government into action to protect women against injustice. Women in our country are being subjected to various injustices. The government should mend the existing situation with regard to violation of women’s rights without any further delay. Since both the Supreme Court and the Federal Shariat Court have declared the practice of sawra un-Islamic and people continue to approach courts for effectively banning the custom, it is all the more necessary to put an end to the custom. Slack implementation of laws is akin to denial of justice.

Published in The Express Tribune, October 29^th, 2021.

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