Professional Documents
Culture Documents
1. Aitbar
2. Badal
3. Bad Narr
4. Badragga
5. Balandra
6. Baramta
7. Belga
8. Bota
9. Chalweshti
10.Chigha
11. Gundi
12. Hamsaya
13. Hujrah
14. Jirga
15. Karhay (Teega)
16. Lashkar
17. Lokhay Warkawal
18. Lungai
19. Meerata
20. Melmastia
21. Mila Tarr
22. Mu'ajib
23. Nagha
24. Nanawatay
25. Nang
26. Nikat
27.Qalang
28. Rogha
29. Saz
30. Tarboor
31. Tarr
32. Tor
Aitbar
Badal
Badnarr
Badnarr which means the imposition of a ban closely resembles Tarr both in
spirit and essence. The only difference between the two is that the scope of
Tarr is vast and it includes any matter unanimously agreed upon whereas
Badnarr is specifically used for a ban on cutting wood from hills. Anyone
violating Badnarr renders himself liable to the payment of a specific amount of
fine. Tribesmen immediately approach him for extraction of fine and he is
obliged by this tribal custom to pay Nagha (fine).
Badragga
Balandra
Baramta
Baramta like Bota is resorted to when the grievances of a party are not
redressed or a debtor adopts delaying tactics in respect of payment of a debt to
the creditor. The word Baramta is derived from Persian word Baramad which
means recovery or restitution of property etc. Under Baramta hostages are
held to ransom till the accused returns the claimed property. The Pukhtoons
consider it an act against their sense of honour and contrary to the principles
of Pukhtoonwali to lay their hands on dependent classes such as blacksmiths,
tailors, barbers and butchers etc belonging to the debtor's village.
Bota and Baramta in the tribal areas have often given rise to inter-tribal
disputes and blood feuds. The British Government in India often resorted to
Baramta in the event of hostilities with the tribesmen. When the Government
failed to cow the tribesmen by force, it used to resort to this coercive method
by seizing cattle, property, men and women in Baramta wherever they
happened to be in settled districts.
Belga
The word Bilga is used for stolen property. According to tribal custom, a man
is held responsible for a dacoity, theft or burglary if any of the stolen articles
are recovered from his house. In such a case he is obliged to make good the
loss sustained by the afflicted person. He, however, stands absolved of Bilga if
he discloses the source or the persons from whom he had purchased the stolen
articles.
Bota
Bota means carrying away. It is a sort of retaliatory action against an
aggressor. For instance, if a creditor fails to recover his debt from the debtor,
he resorts to Bota by seizing his cattle or one of his kith and kin. The creditor
keeps them as hostages till his dues are fully realised or the debtor has
furnished a security to make payment within a specified period to the creditor.
Chalweshti
Chalweshti derives from the number forty and means the tribal forcewould
implement the decision of the jirga. Every fourtieth man of the sub-
sectionwould be a member. In Kurram this force is called shalgoon which
derives from the number twenty and means that every twentieth member will
be part of the force.
Chigha
Chigha means a pursuit party. The Chigha party is formed or taken out in case
a village is raided by armed bandits with the object of lifting cattle, looting
property or abducting an inmate of the village. Composed of armed persons,
the Chigha party goes in pursuit of the raiders to effect the release of the cattle
etc or recover the stolen property.
Gundi
The word Hamsaya in Persian and Urdu stands for a neighbour but in Pashto
it applies to a man who abandons his home either due to poverty or blood feud
and seeks protection of an elder of another village. In this way the latter
becomes his client or vassal. It is, therefore, incumbent upon the protector to
save his Hamsaya from insult or injury from any source.
In some cases the Hamsayas till the lands of their protectors and render them
help in other vocations. But it has no marked bearing on the Hamsayas' social
status and they are treated at par with the other inhabitants of the village.
Barbers, cobblers, butchers, blacksmiths, carpenters etc can live as Hamsaya.
Hujrah
Jirga
Karhai (Teega)
Kanrrey or Teega is another custom among the Pukhtoons, which stands for
cessation of blood-shed between contending parties. Teega (lit. putting down
of a stone) in other words means a temporary truce declared by a Jirga. The
word stone is used figuratively as actually no stone is put at the time of the
cessation of hostilities. Once the truce is enforced, no party dares violate it for
fear of punitive measures.
When hostilities break out between two rival factions and firing starts from
house tops and surrounding hills, a tribal Jirga intervenes to restore peace and
prevent blood-shed. In case of firing, there is no security of life and property
and death hangs over the feuding factions like the sword of Democles. The
Jirga, consisting of local tribal elders and religious divines, declares a Teega
after full deliberations and in consultations with the parties concerned and
declares a truce for a specified period on pain of a Nagha or fine. Nagha is paid
by the party which violates the truce. The objective underlying Teega is to
restore normal conditions by holding the feelings of enmity in abeyance,
cooling down tempers and providing an opportunity to the two sides to settle
their dispute amicably through tribal elders on the principles of justice and
fair-play. The parties generally, strictly adhere to the terms of the truce. Any
one of the contending parties which commits a breach of the truce is punished
with a heavy fine.
If the party guilty of violating the truce declines to pay the prescribed amount
of fine, the Jirga proceeds to recover it forcibly. This may be in the form of
burning of the houses of the rebel group, its expulsion from the locality or
banishment from the tribe. This task is accomplished with the help of a tribal
lashkar, composed of armed tribesmen. No one can, therefore, violate the
truce because of such stringent action. Here the Jirga's action resembles U.N.
General Assembly's action against any rebel government. The General
Assembly applies economic sanctions against a defiant government, which
may be in-effective because the General Assembly has no authority to enforce
it or compel member countries to abide by its decision, but orders of a Jirga
cannot be ignored or side-tracked in any form or manner.
Lashkar
Lakhkar (widely known as Lashkar) is an armed party which goes out from a
village or tribe for warlike purposes. The Lakhkar may consist of a hundred to
several thousand men. The Lakhkar assembled for Jehad (Holy War) is
usually very large. The decisions of a Jirga, if violated by a party, are enforced
through a tribal Lakhkar. The Lakhkar thus performs the functions of police in
the event of a breach of tribal law.
Lokhay Warkawal
Lokhay Warkawal literally means `giving of a pot' but it implies the protection
of an individual or a tribe. Lokhay is generally given by a weaker tribe to a
stronger one with the object of ensuring its safety and security. It is accepted
in the form of a sacrificial animal such as a goat or a sheep. When a tribe
accepts a Lokhay from another tribe, it undertakes the responsibility of
safeguarding the latter's interests against its enemies and protects it at all
costs. The custom of Lokhay is common among the Afridi tribes of Khyber
Agency and Orakzai tribes of Tirah.
Lungai
Meerata
Meerata means complete annihilation of the male members of a family by
brutal assassination. This is not a custom but a criminal act. Under Meerata,
the stronger member of family used to assassinate their weak but near
relatives with the sole object of removing them from the line of inheritance
and gaining forcible possession of their lands, houses and other property. This
kind of cold blooded murder is seriously viewed by the tribal law and persons
responsible for such an in-human and ghastly act cannot escape the wrath of
Pukhtoons. The Jirga immediately assembles to take suitable action against
the culprits. The penalty is usually in the form of setting on fire their houses
and other property and expulsion of the culprits from their area.
Melmastia
Mila Tarr
Mla Tarr, which literally means `girding up of loins' denotes two things.
Firstly it is used for all such members of a family who are capable of carrying
and using firearms. If for instance, some one says that "A" has a Mla Tarr of
ten men, it would mean that "A" can furnish an armed party of ten men
usually consisting of his sons grandsons or close relatives. Secondly, it means
espousing the cause of a man against his enemies and providing him with an
armed party. The tribesmen resort to Mla Tarr when a person belonging to
their village or tribe is attacked, mal-treated or disgraced by their enemies.
Mu'ajib
Mu'ajib means the yearly or half yearly fixed allowances paid by the
politicalauthorities to the tribe and its various sections.
Nagha
Nagha is a tribal fine decided by the council of elders and imposed upon the
wrongdoer. It is extracted if necessary by force (i.e. the mobilization of a
lashkar)and the wrongdoer may have his house burned or broken down.
Nanawatey
Nanawatay derives from the verb to go in and is used when the vanquished
party is prepared to go in to the house or hujra of the victors and beg
forgiveness. There is no nanawatay when the dispute involves tor or injury to
women.
Some European writers define Nanawatey as grant of asylum to fugitives or
extreme hospitality. An experienced British administrator who served as a
Political Officer on the Frontier for a fairly long time describes it "an extension
of the idea of Melmastia, (Hospitality) in an extreme form, stepped up to the
highest degree". But the grant of asylum or sanctuary is only one aspect of
Nanawatey while its exact definition and true spirit seems to have been
ignored. As a matter of fact, it is a means to end longstanding disputes and
blood feuds and transform enmity into friendship. Under Nanawatey a
penitent enemy is forgiven and the feuding factions resume peaceful and
friendly relations. Thus it creates a congenial atmosphere for peaceful co-
existence and mutual understanding through eventual reconciliation.
When a person feels penitent over his past bellicose postures and hostility and
expresses a desire to open a new chapter of friendly relations with his foe and
live in peace and amity with him, he approaches the tribal elders, Ulema and
religious divines for intercession on his behalf for a settlement. In this regard
the Jirga's efforts are always countenanced with favour and the very presence
of the suppliant in the enemy's Hujra creates a congenial atmosphere for
resumptions of friendly relations. The host, who used to scan the
neighbourhood in an effort to avenge his insult, exercises patience and
kindness and gently pardons his opponent for his past misconduct. This is
followed by slaughtering of a buffalo, cow, or a few lambs or goats provided by
the suppliant. A feast is held in the Hujra and with it the enmity comes to an
end.
The customs relating to Nanawatey are more or less identical throughout the
Pukhtoon society. In some parts of the tribal areas, however, there was a
custom according to which the suppliant used to go before his enemy with
grass in his mouth and a rope round his neck as a mark of humility (this
custom no longer exists). Sometimes women bearing the Holy Quran over
their heads would approach the enemy's house to plead their family members
innocence in any given case. The tribesmen, like Muslims all over the world,
have a deep faith in the Holy Quran and they, therefore, regard it as a
sacrilegious act to deny the favour asked for through the Holy Book. Besides,
the women are held in high esteem by Pukhtoons and therefore, a favour
solicited through them is seldom denied. Sometimes a man manages to reach
his enemy's hearth and stays there till his request for Nanawatey is acceded to.
However, if some obstacles lie in the way of acceptance of a Nanawatey then
the suppliant bides his time for an opportune occasion such as occurance of a
death in his enemy's family. He hurries to his enemy's village, joins the funeral
procession, tries to be one of the pall-bearers and announces his desire for
Nanawatey. This evokes a spontaneous feeling of sympathy and the relatives of
the deceased readily concede to their erstwhile enemy's desire. It is, however
interesting to note that no Nanawatey is accepted in which the honour of the
women is involved.
Any one who gains access to a Pukhtoon's house can claim asylum. He is
protected by the owner of the house even at the risk of his own life. Under
Panah which is a subsidiary element of Nanawatey one can take shelter under
the roof of a Pukhtoons' house irrespective of caste, creed, status or previous
relations. Though it would seem paradoxical yet Pukhtoons on several
occasions have provided sanctuary to their deadly enemies. Panah is best
illustrated by a story which, according to Mr. Claud Field "is often told on the
Frontier". Once a quarrel between a creditor and a debtor resulted in the death
of the creditor near his village. The debtor made an un-successful bid to run
away, but he was hotly chased by the deceased's relatives. Having failed to
escape the assassin approached a village tower and sought refuge in "Allah's
Name". The chieftain of the tower, after enquiries from the fugitive realised
that he had slain his brother. Instead of avenging his brother's death on the
spot, the chieftain calmly said to the fugitive, "you have killed my own brother,
but as you have asked for refuge in God's Name, in His name I give it." He was
forthwith admitted to the tower and the pursuers sternly forbidden to
approach. When they departed, the chieftain gave the refugee an hour's grace
to leave the premises and be gone. The refugee made good use of the grace
period and escaped death on that occasion, at least.
Another example of asylum, as recorded in books, is that of an old Pukhtoon
woman. It is said that once a gang of dacoits raided a village. The villagers,
including the two sons of an old woman, came out to challenge the dacoits.
Soon a fierce fight ensued between the two parties in which besides others
both the sons of the old woman were also killed. The dacoits having found all
escape-routes blocked, sought shelter in the house of the old woman. The
pursuers, who were close on their heels, felt delighted that the dacoits were
now in their grip. But on approaching the old woman's house, they were
deeply annoyed to find their way barred by her. Displaying traditional
Pukhtoon courage she determinedly said that she would not allow any one to
lay hands on them. "You don't know" the pursuers angrily said, "they have
killed your two sons". "That may be so", she calmly replied, "but they have
come Nanawatey to my house and I cannot see anyone laying his hands on
them so long as they are under my roof".
The obligation of asylum frequently brought the Pukhtoons into conflict with
the British during their one hundred years' rule on the Frontier. The
government, under various treaties and agreements entered into by the
tribesmen with the British and under the principle of territorial responsibility,
often insisted that tribesmen should refrain from harbouring outlaws, but the
Pukhtoons considering it as an act against the canons of Pukhtoonwali, often
refused to oblige the authorities inspite of threats of reprisals and severe
punishment. The tribesmen's obduracy in this connection, on many occasions,
led to despatch of military expeditions and economic blockades by the British.
They braved all sufferings, bore the brunt of the enemy's attack and suffered
losses both in men and material but gallantly refused to hand over the guest
outlaws. "In common with all Afghans", writes Claud Field, "the Afridi
exercise a rough hospitality and offer an asylum to any fugitive endeavouring
to escape from an avenger, or from the pursuit of justice and they would
undergo any punishment or suffer any injuries rather then deliver up their
guest". The denial of protection, says Sir Olaf Caroe, "is impossible for one
who would observe Pukhto, it cannot be refused even to an enemy who makes
an approach according to Nanawatey."
Ajab Khan Afridi, the hero of the famous Miss Ellis drama took refuge with
Mullah Mahmud Akhunzada, a religious divine of Tirah Orakzai after the
abduction of Miss Ellis. The British government brought enormous pressure
on the Akhunzada to surrender Ajab Khan and his accomplices but he refused
to deliver them on the ground that they had taken asylum under his roof and it
was contrary to the norms of Pukhtoonwali to hand them over to the
government.
Similarly a few outlaws took asylum with the Jowakis, a clan of the Adam Khel
Afridi tribe, in 1877. The government demanded their return but the Jowakis
refused to comply with such a request. Ultimately their intransigence over this
question brought them into armed clash in which more than 5000 combatants
were engaged. According to George B. Scott "every glen and valley of the clan
was occupied, every tower destroyed, many cattle died, the families suffered in
the wintry cold, only then did the chiefs come into camp and ask for terms.
These were a fine in cash, of course but a small fraction of what the expedition
had cost ____ the surrender of a certain number of rifles and other weapons
in Peshawar ____ and the surrender of two noted outlaws for murderous
raids. The chief of the tribe replied "we will pay the fine, we will surrender our
arms, but those two men have taken refuge with us. We will not give them up.
You are in possession of our country. Keep it, we will seek a home elsewhere,
but those men we will not give up. Why will you blacken our faces"? Another
example of asylum has been quoted by Major Herbert B. Edwardes, who says
that "Raja Heera Singh, when Prime Minister of Lahore, sent an offer of three
thousand rupees or 300 pound to Malik Sawab Khan Vezeeree, if he would
give up Malik Fatteh Khan Towannuh, who had taken refuge in his mountains,
the offer was rejected with indignation."
Nang
Nikkat
Nikkat derives from the noun nikka which means grandfather. In the tribal
areas,Nikkat means the specific distribution of profit and loss that each tribe
and subtribe has to bear. It thus takes on the meaning of hereditary rights and
obligations, or hereditaments. This distribution is not based on current
population figures butwas fixed some generations ago and may therefore
appear unbalanced and unfair in the lightof the present population.
Qalang
Qalang is taken by a landlord from his tenants. It is in this context that I have
used the word, which is common among the Yusufzai, although there may be
other meanings attached to it elsewhere
Rogha
Saz
The word Saz is used for blood money or compensation in lieu of killing.
Under the custom of Saz a person who feels penitent after committing a
deliberate murder, approaches the deceased's family through a Jirga and
offers to make payment of blood money to end enmity between them. All
hostilities come to an end between the parties after acceptance of Saz.
Sometimes the payment of compensation takes the form of giving a girl in
marriage to the aggrieved party. It is also called Swarah which binds together
the two parties in blood relations and thus helps in eradicating ill will and
feelings of enmity.
Tarboor
Tarr
Tor
As has been suggested earlier that Pukhtoons are sensitive about the honour of
their women folk and slight molestation of the women is considered a serious
and an intolerable offence. The cases of adultery and illicit relations are put
down with iron hand in and no quarter is given to culprits either male or
female. Casting of an evil eye on woman is tantamount to imperil one's life.
Both sexes, therefore, scrupulously avoid indulgence in immoral practices.
If a Pukhtoon discovers that a particular person is carrying a liaison with any
female of his house, then he neither spares the life of the female nor that of her
seducer. This is called Tor in Pashto (literally meaning black but used for
public disgrace and defamation) or stigmatization of both male and female
who are found guilty of illicit amour on sufficient evidence. Both the man and
woman are put to death according to the customary law and this type of
notoriety, abuse and slander is wiped out with the blood of the culprit. Besides
adultery, death penalty is also prescribed for elopement which also falls under
the purview of Tor. In cases of Tor murder is not accounted for and the
woman relatives are justified by the tribal law to kill their female relation as
well as her paramour. In case any of the persons guilty of adultery succeeds in
absconding, the heirs of the female have every right to kill him/her whenever
and wherever an opportunity presents itself. Otherwise the matter remains
Paighor (reproach).
Tor has two aspects. If a woman is criminally assaulted and raped by force by
a man with whom she had no previous illicit relations, then the woman is
spared because of her innocence and the guilty man alone is put to death.
According to the tribal custom, the accused is handed over to her parents, or
her husband, if she is married. If the culprit's family refuses to hand him over
to the Jirga or the relatives of the violated woman, then the adulterer's family
is forced to abandon their village and seek refuge outside tribal limits. In such
cases the relatives of the woman have a right to wipe out the insult by killing
the accused himself or his brother or father. Not only the husbands but even
brothers consider themselves bound to wipe out the insult.
The second aspect of Tor is that if the infidelity of a woman or the alleged
involvement of adultery of both male and female is proved, then both are put
to death. It is because of such deterrent punishment and ignominous death
that both the sexes dare not indulge in fornication.
Tor can only be converted to Spin (white) by death.