Reflections on Sharia Law in Malakand Division
By Sofia B. Elahi, MB BS CCFP FAAFP
Brampton , Ontario
Canada
Over the last several months I have fielded many questions from well-meaning colleagues and friends who express concern about recent events in Pakistan. Clearly there are grounds for concern with the surge of terrorist activities and the anarchy wrought by extremists in Malakand Division. Still, I am surprised by the naiveté of many in the West who ignore the reality that extremist groups in Pakistan have very little local support.
This has been shown repeatedly in polls and elections. The initial sympathy that some may have felt towards restoring Sharia Law and the promulgation of Nizam i Adl quickly evaporated when it became clear that Taleban militants had a corrupted vision of Islamic Law. It should be recognized that Islamic Law is nothing new to my native Malakand Division including Chitral, Dir and Swat. It is remembered fondly as an even handed and benevolent system of justice which served our peoples for centuries. Unfortunately, nostalgia for the Sharia Law of our ancestors clouded many to the reality of the Taleban’s vision and ideology.
During the relatively benign rule of the Mehtars of Chitral and the Wali of Swat, scholars were encouraged to develop excellence in Islamic jurisprudence. A much codified system of Sharia Law evolved based on the tolerant Sunni Hannafi school of thought which equally found favour among minority groups. This traditional Sharia Law of Chitral bears little resemblance to the harsh, punitive and vindictive Sharia Law or ideology of modern day Taleban extremists. Last year I published an article in outlining the longstanding tradition of Sharia Law in Chitral where it existed in a parallel system with local Dastur laws based on local traditions.
Like many I am buoyed by the greater national consensus that has formed in the wake of the unprecedented challenge of militancy in Pakistan. After much dithering and attempts at appeasement, the government and the military have launched operation Rah-i-Rast resulting in the collapse of militant sanctuaries in parts of Malakand. The sight of extremist militants hiding themselves in women’s clothing and shaving off beards to blend in would be laughable if not for their horrendous crimes. Many fleeing militants have been exposed as foreigners or common criminals who abused the time honoured hospitality of locals. This well funded and well organized criminal campaign of militants points to foreign funding and planning. My own relations in Upper Swat speak of large sums of money being distributed to buy the allegiance of locals who refused to hand over their own weapons.
It is heartening to see Pakistanis of all political persuasions, provinces, sects and classes unite in condemning the barbarity of the Taleban and their confused ideology. The spectacle of otherwise conservative burka clad women speaking out against foreign inspired extremists and the vocal support of religious parties against the Taleban is a great show of national solidarity.
At this watershed moment of our history, we need to make good on our collective responsibility to the people of Swat, Dir and Buner. Routing the Taleban criminals is not an end in itself. The reconstruction of Malakand Division including a revamped police force, a dedicated paramilitary available at short notice, accessible roads and effective communications are all prerequisites for preventing the return of these criminals. The recent forgiving of agricultural loans is a good first step to help locals but greater investments in businesses, mining and farms are needed. To bolster the local population and economy, basic institutions such as schools and vocational facilities need to be expanded. The hard hit tourism industry will only recover when overall stability is returned to the area. In short, the government needs to invest in the basic infrastructure of Swat as in all of Malakand Division.
Apart from our shared geography of Malakand Division, families have shared lineages. Much of Upper Swat is Khowar speaking and many families in lower Chitral can trace their origin to Pashtun tribes in Dir and beyond. In the haze of our modern age, we forget that many marriages took place between local notables for dynastic and diplomatic reasons. In a simpler age, the Lot Mehtar, Aman-ul -Mulk took as one of his wives, the daughter of the Nawab of Dir. In due course, Mehtar Aman ul Mulk reciprocated by giving one of his daughters in marriage to the Royal House of Dir. Another of the Mehtar’s daughters married Miangul Abdul Khaliq, the grandfather of the Wali of Swat whereas my own great grandmother was married in Peshawar.
Many stories are told about the strong willed daughters of the Mehtar. In particular the Wali of Swat bemoaned the influence of his Chitrali grandmother who acted as de facto ruler of Swat for many years after the death of her husband. The foreign inspired Taleban know nothing of the history of progressive women in Swat, Dir and Chitral. In the next few months, we must all work for the return of normalcy to Malakand Division. With the reinstatement of the government’s writ of control over Swat, local boys and girls will again return to school with dreams to fulfill. I look forward to hearing about strong willed Swati women realising their dreams too.
