Pakistan_ A Hard Country - Anatol Lieven [59]
This system helps keep the peace and stops feuds getting out of hand. For example, we have just settled a feud with another tribe in south Punjab, over land. Six years ago, there was a clash. Two people were killed on each side, and four of our men are in jail in Multan for this. Our jirga has negotiated a settlement with the other tribe, and they agreed to drop the charges. So this week we are going to Multan to bring our men from jail. We will give a feast for the jirga of the other tribe at which we will formally forgive each other, and in two weeks, they will give a feast for us.
‘Is this according to Pakistani law?’ I asked.
There is no law! If there were a real law in this country, why would all these people come to me for help? I don’t go looking for this work. I have important business in Karachi that I have to leave behind to do this. People come to my cousins and me because they respect us, not just because of our titles but because they know our character and know that we are fair. I depend on my people’s respect only. After all, I have no official position, and no support from the police or the courts ...
I asked him about the punishment of women in ‘honour’ cases, and how far – since he had previously spoken bitterly about the backwardness and lack of education of his fellow-countrymen – he was able to bring his own more enlightened views to bear.
Sometimes there is no need to set up a committee of the jirga. If it is a very simple case and I know what the tribe thinks, I can just say, ‘This is the decision!’ But issues involving women are never simple, and I always have to think about what the opinion of the tribe will be. The tribal set-up is very hard, not just towards women but towards men as well. Remember, no one in this country has real rights ...
Because I have travelled and am educated, taking these decisions over women is not easy for me. I have to think and think about how to handle them. There are certain things I will not permit. For example, the first decision I made on becoming Sardar was that I will not allow the giving of girls in compensation. That is still very common in our system but I will not allow it. I will order money given instead, if necessary much more money.
Also I will not punish a girl for wanting to marry or not to marry someone, as long as it is a proper marriage. If a couple run away together to get married without their parents’ permission, I will put pressure on the parents to agree to the marriage, not to kill them. I may fine the boy’s family though so as to save the face of the girl’s family.
With such female problems I am very cautious. To be honest I try to avoid them whenever I can. If I can solve them without bloodshed, then I do so. Otherwise I send the case to my cousins to decide.
‘And do they share your more enlightened principles?’ I asked.
Well, that is up to them. But I do try, you know, when possible, and this has sometimes involved me in arguments with my own tribe. I can say in the end to the jirga and the parties in a case: ‘I don’t agree to your verdict. This is my decision and if you don’t like it, you can go to state law.’ But I can’t do this often or no one would obey me any more. I only do it sometimes in women’s cases, because after all I am a father with daughters. If it’s a business issue and I disagree with the jirga, I won’t take a stand – after all, businessmen can always get their money back somehow ...
I cannot say whether this Sardar did in fact try hard in ‘women’s cases’; but at least he seemed aware that he ought to. As will be seen in Chapter 8, the other Sardars I met in Balochistan simply defended tribal custom tout court; they also claimed to be modern and educated