Women
and our society
Hundreds of women in Pakistan are offered Vani's Swara every
year
The Federal
Shariat Court has termed the horrible ritual of giving a relationship to an
unmarried woman as an alternative to reconciliation in horrific fights
un-Islamic, headed by Chief Justice Muhammad Noor Miskanzai, Justice Dr Syed
Muhammad Anwar and Justice Khadim. A full bench comprising Hussain M. Sheikh on
Monday ruled that the hearing of Shariah petitions filed in this regard by
Sakina BB etc. in this regard has been completed. That the ritual of riding is
contrary to Islamic teachings, the apex court further ruled that in the light
of Quranic verses and hadiths of the Prophet (peace be upon him) this ritual,
which is prevalent in different parts of the country under different names, is
absolutely un-Islamic and It is against the teachings of Qur'an and Sunnah. And
under different names in different parts of Pakistan, the government has made
this ritual a punishable offense under different provisions of the Penal Code
of Pakistan, but still this custom exists in different parts of the country. In
Punjab it is called Vani while in NWFP it is called Swara.
A full bench
comprising Justice Dr Syed Mohammad Anwar and Justice Khadim Hussain M Sheikh,
headed by Chief Justice Noor Mohammad Miskanzai of the Federal Shariah Court,
remarked that "the tradition of resolving disputes by giving a minor girl
is against Islamic injunctions."
Dr. Muhammad
Aslam Khaki, Jurist Council in the Federal Shariah Court, said that Vani
violates more or less four basic rights of women.
According to
him, the girl given by the accused family is treated in a biased manner and in
many cases they are also deprived of basic facilities. The third issue is that
she is not entitled to a dowry nor can she file a legal application for divorce
to end the marriage.
Dr Muhammad
Aslam Khaki further said that the legal way to settle a murder case is Diyat or
blood money which is also acceptable in Islam. But scholars call it un-Islamic.
It should be
noted that in an ugly ritual like Swara, in order to settle disputes, girls and
often minor girls are married off or given to the affected family as slaves.
This is
often done in a murder case. It is a type of marriage without consent or at a
young age. The sentence is decided by a council of tribal elders called a
jirga. According to the petition, these punishments given in jirgas or
panchayats for resolving disputes are against the basic rights of women or
minor girls.
The
petitioner said that the jirga or panchayat misunderstood the concept of
'change of peace' and in order to resolve the issue, the minor girls were
handed over to the affected family as compensation. The petitioner requested
the court that This practice should be declared illegal. However, according to
Islamic teachings, women have never been considered inferior to men. Where men
have the right to education, women have the same.
Even though
a woman is working alongside a man, she still does not have that honor and
status.
Vani is a
ritual in which if a person kills someone he gives his sister or daughter Vani
to get his murder forgiven. This ritual is present in areas where there is lack
of education and awareness.
There is no
such rule anywhere in Islam and there is no such law. Even today women are
being sacrificed for the mistakes of their brothers and fathers. The government
should take strict measures to eradicate this outdated ritual and protect the
rights of women. In the advanced age of the 21st century, while talking about
economy and business from remote areas through internet and technology, the
daughters of South Punjab are still sacrificing obsolete rituals like Vani or
Swara.
Vani is a
serious crime under Article 310A of the Pakistan Penal Code, punishable by
three to ten years. The lives of are being destroyed and the guardians of both
the law and the people are enjoying the rabbit dream.
Swara or
vani is a centuries-old tradition in Pakistan of jirgas or panchayats,
according to which fighting for money or reconciliation between two families or
tribes for the sake of reconciliation, money as a penalty in case of lack of
property. Or given to the family, then the will of the family to treat the
girls.
Research
shows that due to the weak judicial system in the country and the impossibility
of obtaining justice, people prefer jirgas or panchayats over courts in which
they get justice quickly and willingly. The girls are mostly young people who
belong to poor families. In fact, these poor parents do not have cash to
compensate for the loss due to which they give their daughters as a gift of
Vani.
Sometimes
even a baby girl who is brought up in the womb is betrayed. In some cases,
parents do not want their daughter to be betrothed, but in view of the undue
pressure of the jirga, the victims of the jirga quietly jump into the swamp of
crime. In most cases, the girls are married off to older men for sexual
gratification.