There are more mysteries about Pukhtoon culture than Jirga.

(Noorul Amin)

Jirga operates within the context of Pukhtoonwali, outside of which it could not function.  The popular proverb of “doing Pukhto” implies that all actions taken (by a person or a group) are in conformity with the broader code of Pukhtoonwali or Pukhtoon culture. Sometimes it is asserted that a person doesn’t even need to speak Pushto to be a real Pathan[1], implying that the code of Pukhtoonwali is merely associated with a set of traits and characteristics. A person would only need to exercise those in order to be recognized as a real Pukhtoon. However, use of the Pushto language and the shared history draw the circumference in which the insider-insider communication on what is Pukhtoonwali and what it is not takes place. A full explanation of Pukhtoonwali is neither simple nor possible. Despite the belief of locals about the universal nature of Pukhtoonwali, social practices vary from place to place. However, we will try to capture some of the striking features of the code of Pukhtoonwali, particularly those related to conflict and peacebuilding, such that we may find answers to the “whys” of the practice of Jirga.

 The practice of Jirga is so deeply entwined with Pukhtoonwali that it is difficult to imagine Jirga outside of this context. Similarly, the context of Pukhtoonwali is deeply dependant upon the common history of conformity to the code of Pukhtoonwali.

We will go though the general overview of the history and some popular traits of Pukhtoonwali so that we are able to understand the Pukhtoon worldview.  At that point we will have set the foundation for exploring Jirga, a practice inherently influenced by Pukhtoonwali.

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 (ptänz´), a group of semi-nomadic peoples consisting of more than 60 tribes, numbering approximately 10 million in Pakistan and 6 million (43%) in Afghanistan, where they form the dominant ethnic group (historically known as Afghans and now typically as Pukhtoons). Pathans are Muslims and speak Pashto (or Pushto). They are also known as Pashtuns, Pushtuns, Pukhtoons, and Pakhtoons[2] titled with a general suffix as “Khan”, although many Pukhtoons prefer to write a reference to their immediate clan, group, or tribe as well.

In this chapter, we will give a general description of a people of deep ethnocentricity, who strongly identify themselves as Pukhtoons. The information provided here is rooted in the popular belief system of this creed of people. Pukhtoons take pride in who they are and find good reasons for that deep pride or arrogance.  It is a source of inspiration for them to display dignity and character; a phenomenon that Pukhtoons believe is diminishing in the modern material world.

“Though the origin of Pukhtoons is unclear, legends say that they are the descendants of Afghana, grandson of King Saul. Most scholars, however, believe that the Pukhtoons probably arose from the hundreds of years of intermingling of ancient invaders in the regions now comprising Afghanistan. Pukhtoons resemble Caucasians, are of medium height, with strong, straight noses, black hair, and dark eyes, although there is high prevalence of blue, green, and gray eyes”[3].

Although their dialect may change from place to place, in the present day, Pukhtoons are an ethnic group of people sharing a single language known as Pukhto. Variation between the accent and dialect can be as drastic as between the people belonging to Quetta and Peshawar. Someone from one region will find difficulty in understanding the language of the other, as the words are drastically different, but still, they share the same grammar. Some regions have an influence of the neighboring Persian language as well. There are, however, two versions of written Pushto that are slightly different from each other. One is of the Peshawar region and the other of Afghanistan. Most poetry and literature in Pakistan is found in Peshawar script, being more influenced by the Neighboring Indian Urdu, whereas the Afghan script is slightly different.

Besides the “Pukhto”, the common cultural traits, Pukhtoons identify each other by two main factors. Firstly, the caste or the last name, and secondly, the place of living or dwelling, such as Swat or Buner. It is generally believed that the earlier nomads who gradually settled in different places made clusters of their families.  These are thought of as the first inhabitants of the region. These families came to be known as specific clans whose generations followed the name of their ancestors. No one would know more about his or her origin than the fact that he is a Yousufzai or a Khattak. Yousufzai, being a larger tribe, has innumerable sub casts, similar to other tribes. Therefore, a person may introduce himself as “Mandharr” and yet he would also be a Yousufzai. Within the village or neighborhood, this sub cast again would divide in khails like Jogi Khail, Khan Khail, and so on, to the lowest tier of identity, all being proud Pukhtoons.

With the support of simplistic theories, people also identify themselves with areas and regions. A person belonging to the Karak district of NWFP will generally be expected to be a “Khattak.” If not, without much concern with the age and time, the person would have an explanation as to how his ancestors reached this area.

Unwritten as it is, a detailed examination of these two factors, the area and the clan or caste definitely gives an idea of how families and tribes might have moved from west (Afghanistan) to East (Pakistan).

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Pukhtoon history can be divided into three main phases: 

Pre-Historic Times

 Without deeply referencing theories of archeology, the first phase of history comprises of those beliefs that begin the narration from the pre-historic times when people lived in the caves and mountains, usually as nomads. There is no documented record of those times, but the general understanding is that people lived a remote life in the mountains of Hindukush. There is also no proof that these people spoke the Pushto language.

Middle Ages

The second layer of history moves from Alexander’s time to the Islamic times when either the people from Afghanistan were linked to Arabia or they tried to establish some link with them. Contrary theories negate this notion of a Jirga meeting the Prophet Mohammad (Peace Be Unto Him) as better records indicate that the people in Afghanistan were still Buddhists until a few hundred years after the introduction of Islam.

Historian Niamat Ullah says that the lack of authentic books on Pukhtoon history is due to the fact that the Prophet Musa (Moses) surpassed Pharaoh and took Jerusalem and Syria[4]. Then Bakht-e-Nasr attacked Israelis, captured all their lands, looted Jerusalem, and exiled them from their country. The Israelis became gypsies, moving from one place to another and permanently settled nowhere. They lacked literate as well as religious activities, and if they had any activity those were relinquished gradually. They did not have means to record the events of their present and recent past.

 Present Times

 The third phase of the history of Pukhtoons is the most recent and the most credible one. This can go as back as far as the 17^th century, but better records are available for the eighteenth century and beyond when the Russians and British were engaged in “The Great Game[5].” There are plenty of books written and available from western authors regarding the geography, traditions, and culture of these Pukhtoons and Afghans as the British, as well as the Russians, tried to explore the area and understand its people. Western scholars took keen interest in the Pukhtoon culture and traditions as people followed quite sophisticated, indigenous, and autonomous life style, which were difficult to handle through the regular imperial methods of Russia and the British.

 The Jewish Link

 Most local historians link the larger Pukhtoon tribe with the twelve tribes of Jews, who are said to be expelled from Jerusalem by the invading Bakhte-Nasr (598 BC)[6]. One of those tribes found abode in the present day Afghanistan, which is believed to be named after the grandfather of these tribes, namely “Afghana”. Some historians are of the opinion that “Afghana” was the son of the Prophet Ismail and grandson of the Prophet Ibrahim (Abraham). Others argue that Afghana was the son of Armiya and Armiya was the son of the Prophet Taloot.  While confirming the Jewish nature, some historians also narrate the story that when Nadir Shah (of Iran) attacked the Indian subcontinent and reached Peshawar, the elders of Yousufzai tribe presented the invaders with a copy of Torah in the Hebrew language along with many other things used by the Jews in their worship. The Jews in Nadir Shah‘s army recognized those things and identified these people as Jews. Abdullah Khan Hirati, a Pukhtoon historian, is of the opinion that the Prophet Taloot was the king of Jews, who had two sons, one was Afghan and the other was Jaloot. Afghan was the grandfather of the Pukhtoon tribe and that is why Pukhtoons are also called Afghans”[7].

 The Islamic Link

 These tribes followed Jewish religion until the inception of Islam.  Khalid bin Waleed, a companion of the Prophet Mohammad (PBUH), is believed to be from this tribe. It is believed that Khalid Bin Waleed sent a message to his relatives residing in the mountains of “Ghore[8]” to embrace Islam. These people in turn sent a delegation (Jirga) to Makkah / Madina under the leadership of one Qais to inquire about the teachings of Islam. Upon meeting with the Prophet Mohammad (PBUH) and being impressed with his teachings, all of them became Muslim. On their way back, a few Arab preachers of Islam accompanied them to Afghana for extending the teachings of Islam to others. In about the next forty years or so, it is believed that all these tribes in Afghana area converted to Islam. 

Some historians are of the opinion that when the Arabs conquered this region, they gave this name (Afghan) to Pukhtoons due to their chatter behavior among themselves and during their Jirgas. The word afghan has been derived from Arabic language, which means chattering. “If the origin of a race can be determined on the basis of customs and traditions then Pukhtoon would be closer to Arabs. The study of Arabian and Pukhtoon society presents a remarkable resemblance particularly in their tribal organization and social usages. Both possess the same virtues and characteristics”[9].

The significance of history to Pukhtoons as a people is quite interesting in the cultural context, but there is no resolution of the discussion as to whether Pukhtoons are descendants of Bani Israel or of someone else. Perhaps this nostalgia is associated with the Pukhtoons pride of being a martial race. For the purpose of this work, we tend to agree that Pukhtoons, with reference to their history, try to represent in their culture and conduct a level of prudence that distinguishes them from others in the region.

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As the argument goes, Pukhtoons are one of the largest ethnic groups of the world today[10]. Despite the difference in dialects, areas and castes, Pukhtoon homogeneity is ensured by their common culture, the code of Pukhtoonwali. This culture somehow remains above the scrutiny of religion as well, although loyalty to Islam resides as an integral factor of pride for Pukhtoons. Interestingly enough, Pukhtoons form a homogeneous group of people, rich and poor, educated and illiterate, mountainous and residents of plain areas, where all are equal Pukhtoons, each individual fully independent in his own right, and all are ideally integrated into the larger fabric of the society.

Known for its highly egalitarian nature, Pukhtoons often debate if their societies are hierarchical or not. History tells that Pukhtoons liked to class themselves as Pukhtoons only, but allowed professional classes, like the ironsmith, the carpenters, the clergy, and the shoemakers as part of their social tenancies. These professional groups, despite their second grade status, were assured liberties and freedoms available to rest of the society but were not allowed to call themselves Pukhtoons. Today the distinction is less and less visible as the societies are integrating faster than the past, while continuously attempting to conform to the code of Pukhtoonwali, or Pukhto.

An element of feudal structure can also be seen here and there as a few families found fortunes at different times in the history[11]. Even these Khans and Nawabs had to adjust to the somewhat independent nature of Pukhtoons.

Pukhtoons have a strong male-dominated system in which women stay in veils, in the four walls, behind the curtains, and in the backdrop. Although in the rural areas women engage extensively in agriculture and cattle’s breeding, as well as child rearing and other household activities, their labor is unpaid in cash. In the urban areas and among well off families, women stay at home, raise their children, and look after the kitchen affairs.

Under a plea of special sanctity provided by religion as well as traditions, all social, political, and economic affairs of the family and the society are lead by men. Talking to men about women brings a feeling of shyness, and cultural respect prevents people from talking about women. A sarcastic remark about one’s wife, mother, sister, or daughter can lead to a high degree of ferocity:  a legitimate reason to get violent. This segregation between men and women also breeds a special culture of female groups in which women enjoy a certain level of autonomy in various social activities like arranging marriages or exchanging pleasantries between families.

Men do agree to engage in consultation with women on major decisions of life such as issues of the household, children, and even decisions about external business. Most men deny being influenced by such consultations. Interestingly, there are examples of women leading political parties[12] and involved in regular work in government, NGOs and other commercial setups. In Afghanistan too, the cultural setting of urban areas like Kabul provide much more space to women as compared to the rural and remote areas, where people see urban culture with quite some contempt for allowing female entry to public life.    

The patriarchal system extends into the practice of Jirga where currently women do not have the precedent of participation, although Bushra Gohar, a renowned social worker and activist says that in the past women did participate in the proceedings of Jirgas.

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“Pukhtoons insist that being a “real Pukhtoon” demands that one not just speak Pukhto, but “do Pukhto,” that is, follow the precepts of the Pukhtoonwali[13].”

The word Pukhtoon is sometimes believed to be abbreviated from a set of traits known to be associated with Pukhtoons as a people:  “P” for Patt or Family Honor, “Kh” for Khaigara means Compassion, “T” Toora or Triumph, “W” for Wafa means loyalty and “N” for Nang or Pride

Traditionally settlers and nomads of the Hindukush and Kohi-Suleman ranges, Pukhtoons are now spread all over present day Afghanistan, some parts of Pakistan, and all over the Indian subcontinent. Many Pukhtoons reside in cities including Kabul, Jalalabad, Herat, Peshawar, and Quetta.

The Government of NWFP and Balochistan, which include the two provinces of Pakistan and the Central Government of Afghanistan, are represented by this creed of people called Pukhtoons, who have a state of mind different and distinctive in its own right.

Deeply committed to their non-religious and some times irreligious traditional practices, Pukhtoons are also naively dedicated to Islam.  This contrast of their belief system and its actual practice is reiterated when religion is taken as a part of traditional values, rather than subjecting historical traditions to the scrutiny of Islamic teachings.

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 "I despise the man who does not guide his life by honor; the very word honor drives me nuts."    (Khushal Khan Khattak)[14]

 Distinctive tribal customs and traditions are an integral part of the Pukhtoon society. Pukhtoon cultural values are reflected in a code of ethics called simply Pukhto and Pukhtoonwali (the way of the Pukhtoon).

A combination of conventions, traditions, and a code of honor known as "Pukhtoonwali" govern the social system of Pukhtoons. Through this unwritten code, the basic thread of the Pukhtoons' social fabric, Pukhtoon societies around the region lead a diverse and yet dynamic way of life.

Any argument that doesn’t make sense in a particular situation can be conveniently challenged as non-Pukhto, thereby insisting that Pukhto, the culture of Pukhtoons is highly sensible and is equally sensitive to logic.  The most common argument is that of holding onto old traditions, whether right or wrong. This flux between advancement under logic and restraint under fear exercises a great influence on the actions of Pukhtoons and has been held sacred by them for generations.

It is believed that Pukhtoonwali or the Pukhtoon code of honor embraces all the activities from the cradle to the grave. Besides many micro-social practices, the Pukhtoonwali imposes a few additional obligations upon the members of Pukhtoon society, which are explained in the following paragraphs.

 Hujra

As old as perhaps the Jirga itself is, Hujra is a community club situated in each village, each Khail (street) and some times owned by a well off family but shared by the whole community. Other than a place to accommodate collective ceremonies, male members of the community who hang out and associate like a larger family regularly attend hujra(s). Members of a Hujra are mostly close relatives but other people from neighborhood are also welcomed. Elderly people spend their day to enjoy hubble-bubble and chat over the tea, younger men in their spare time listen to the stories of elders and raise issues while the children keep playing around, waiting for a call from one of the elders to take a message or bring fresh tea. A guest house for male guests, Hujra also serves as a place to initiate Jirgas. Issues are put on the table, brainstormed and a consensus is developed before the issue can be put to the wider community. Hujra is considered to be a secular place but closely associated with Hujra is the role of mosque in the neighborhood. Although there are few similarities between a mosque and a Hujra, the role of mosque has gained more importance recently due to many national and regional settings tilted towards Islamization. Additionally, the role of Hujra is diminishing from community life because of the economic trends, and a faster pace of life which allows little leisure time with people to spare for community based activities. Decay in the institution of Hujra is definitely affecting the efficacy of Jirga, but this study tends not necessarily to argue for reinvigoration of Hujra; rather our focus will remain to find strengths and challenges for Jirga from where it is today and move forward.  

Nanawatay

Nanawatay means repentance over past hostility or inimical attitudes and the granting of asylum. Walking down to someone under Nanawatay means having an expression or attitude of submission—a combination of humility, sorrow, and apology—and giving space to the other person to respond with “grace”, so precious to Pukhto.  A party or a person wanting to apologize to another does Nanawatay.  Nanawatay is thus responded to through granting asylum. Asylum implies security from the wrath of others. An expression of Nanawatay would simply oblige the other party to put aside the anger and pain so suffered during an unpleasant interaction, at least temporarily, and treat the other party with all Pukhtoon sensibilities. This creates space for a peaceful dialogue, a medium of communication not available under strained relationships. It is not obligatory to agree to a pardon in all cases under a Nanawatay, however, in most cases, a Nanawatay would mean restoration of honor for both parties. Depending on how deeply the other person might be hurt, a Nanawatay once offered can be repeated through different methods in a particular case. Taking along a goat as a gift, laying down one’s headgear, handing over a weapon, taking one’s own women and children to the opposite party are all expressions of Nanawatay. Similarly, acknowledgement of Nanawatay by the receiving party is an element of the grace embodied within Pukhto. The party may demand a more public apology, a more appropriate respite, or a more suitable restitution, but a Nanawatay once done is duly counted towards fulfilling a major obligation of Pukhto and asylum is a natural outcome of such pro-activity.

 Teega[15]

Teega, defined as a truce, is declared by the parties or by the society and is represented by a Jirga in order to avoid further bloodshed between two rival factions. Symbolized with marking of a stone, Teega represents a ground rule and defines transition from violence to peaceful negotiations between the parties. It embodies the consent of the communities and is used as a reference for the resolution of future disputes. This is also used to establish the ground rules for conduct between two or more tribes, so it takes the shape of a treaty and is tagged with specific penalties for violation. For a public issue, like the banning of aerial firing on festivals, Teega can be announced unilaterally by the society. When it is announced for warring factions, Jirga has to consult the parties, recognize their differences, analyze the situation, and impose a ban on specific activities by the parties so that more sensible options are explored. Teega, a ban on further activities of the nature, ensures the security of the lives of the warring parties and is respected by the parties in their allegiance to the larger system of Pukhto. A Teega is extended where there remain difficulties unresolved between the parties during the first period of Teega. Violation of a Teega can result in imposition of a fine on the violating party and/ or allowing the other to resort to a fiercer offensive. It is also a socially condemnable phenomenon in which the violator party is charged for nonconfirmity to their words.

In some places specific names are given to such instruments of social control. Tarr and Bandarr[16] are used for community-imposed restrictions to suit their collective environment.

 Melmastiya

Openhearted hospitality, or Melmastiya, is one of the most cherished features of Pukhto. It is closely associated with the notion of asylum, as someone seeking hospitality is considered equal to someone invited by the host. Hospitality means not only the service of food and other needs, it also means automatic assurance of an environment of security and peace prevalent in the host’s household. There is quite some symbolism attached with the phenomenon of hospitality. When Pukhtoons are asked to name their social traits that distinguish them from other societies and cultures, hospitality takes number one. This level pride and its articulation leave little room for doubts on the intent of what Pukhtoons mean by Hospitality. Pukhtoon worldview in respect of hospitality also came to limelight when negotiations regarding handing over of Osama Bin Laden to US were going on between USA and Taliban government in Afghanistan. Afghanistan’s refusal to hand over Osama to the US is said to be attributed to the point that Osama was seen a guest whose handing over to US would speak negative on the identity of Afghans.

The trait of hospitality is guarded by Pukhtoons on two grounds. Firstly, it is strongly promoted by Islam.  Secondly, it is argued that hospitality is a traditional and cultural etho. Most of our interviewees justified the institution of hospitality first on the historical basis and later took support of religion to substantiate their argument.  Nevertheless, the sanctity associated with the phrase of hospitality is all encompassing. 

Paighaur

Paighaur, or taunt, is yet another recognized perspective of Pukhtoon behavior. A sarcastic remark by peers can drive a person blindly to follow the tenants of Pukhtoonwali, leading to violence and bloodshed. Apprehension of possible Paighaur can generate internal social controls on people limiting their actions and forcing them to conform to the ethics of Pukhtoonwali.  This also helps people maintain a character worthy of a good Pukhtoon. As such, a Paighaur can come from one’s own relative, like a father or mother, or even a friend, and the person receiving a Paighaur is not blamed much for the upcoming violence as a result of this instigation. Paighaur on a women or public talk about women can cause trouble for the proud Pukhtoon man.

Peace

One distinctive characteristic of Pukhtoonwali is the idea of peace and its propagation. As a virtue not only suggested by religion, Pukhtoonwali dictates its leadership to preach for peace under all circumstances. This ideal of peace leads the Jirga to gauge the corollaries of justice in an artistic way. Where enmity and revenge are the personal concerns of individuals and families; moving towards peace is the professional obligation of every elder under Pukhtoonwali. The Jirga is built on the rhetoric of peace and strives to always advance in the path of peace and peacebuilding. Due to the repeated and numerous examples of violent conflicts within Pukhtoon communities, Jirga has a sure case to plead for peace.

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Various cultural traits, traditions, habits, and narratives which form the code of Pukhtoons are called Pukhto or Pukhtoonwali. Conformity to Pukhto is a sign of a level playing field for all and also gives Pukhtoons a sense of confidence in their culture and traditions. These elements of Pukhtoon life may look strange to outsiders but they are a reality, practiced and sustained by this group of people who are unwilling to change. Some important elements and institutions of Pukhtoonwali are related to conflict and violence, as explained below.

Enmity or Dushmani

 Pukhtoons may be one of the few cultures in the world today that cherish maintaining a rivalry with their relatives, neighbors, or even first cousins. Sources of enmity or the root causes of the rivalry can be many, but the fact that enmity has been declared as an institution, announced by one, or imposed upon the other, binds the two groups in a different kind of relationship.  This relationship gives each other the right to kill, according to rules well known and understood by all.

The family maintaining an enmity will take due precautions to secure their lives from an ambush, an assault, or a shabkhoon[17] (blitz). Fort-like houses are maintained in the tribal areas with watchtowers on all corners from which random aerial firing is done every night to prevent any possible surprise attack.

Under enmity, a family may wait for years to take revenge for an earlier killing. Young children are inculcated to take revenge for the killing of their father or uncle when they grow up. In this way, the enmity, silent for sometimes decades, may cause a sudden assault by one party on the other, giving new life to the institution of enmity. The judicial and court processes, if any, may proceed according to needs of the time, but the personal, one for one equation remains a factor of wrestling between the two groups.

Tarbourwali, or First Cousin Hood

 The element of extreme jealousy among first cousins on the paternal side is recognized as a natural consequence of the relationship. Many reasons are cited for this attitude of jealousy, but the most suspected is perhaps the distribution of property among the heirs of real brothers. Joint family living and the use of different degrees of sharing of the family resources, or fast accomplishments by one family as compared to the others, might be visible in a situation of acute Tarbourwali. 

Most of the time, at a marginal threshold of bloodshed, Tarbourwali can transform into a full-fledged enmity to be carried forward to the next generations of the same cousins. The same Tarbourwali is also quickly forgotten in the face of an external enemy. The family fights the outsider as a unit.

Revenge and Homicide

 The term used for revenge is called “Badal,” or exchange. Badal can be a positive return or reply as well as negative, such as an obligation to seek revenge by retaliation. This retaliation can be immediate but it is generally a well-considered calculation of counting kills. Two men killed from each side would create enough common ground to initiate a dialogue for ending the conflict, as there is nothing else on which to settle the score. However, living with an imbalanced score is a life long shame for the immediate male relative of the victim, more than for the rest of his family. Even young children are groomed to wait for an appropriate day to take revenge. Again, the person taking the revenge does not go beyond what is equal to their family’s right (earlier loss), and lives a life of total satisfaction and due Pukhtoon pride thereafter. Revenge can trigger counter revenge, but enmity is a phenomenon worth living in the Pukhtoon society.

Closely associated with the phenomenon of enmity, revenge is considered a way of achieving justice; it is not a privilege but a right and duty of a Pukhtoon. As part of the phenomenon of enmity, root causes of the conflict may be long forgotten, but the opposite party would give priority to the task of taking care of the most recent offence. Although the term revenge could be used in a “tit for tat” sense for each malicious action of one party against the other, it is generally associated with the act of murder only. Murder can be divided in a few different categories:

 A murder in innocence: This refers to an accidental killing where a person may be killed in crossfire between two other parties or in a road accident. When the heirs are satisfied that the killing was accidental, only a head money or a public apology (followed by a Nanawatay) is sufficient to settle the dispute. Most such killings are received as the will of God.

 A murder with malice: In this case, a person may be suspected of having killed someone with malicious intentions. The heirs of such a victim are therefore obliged to kill the murderer or one of his male relatives. This may give birth to a series of revenge killings, unless the murderer party approaches the victim party with an appropriate apology including compensation, fixed according to the local law.  This may include cash money and/or transfer of girls in marriage[18] from the offender party to the victim party. When it is difficult to prove whether the event occurred accidentally or whether there was some malice involved, onus of providing such proof lies with the party under suspicion of murder.  The victim party can only observe the things silently, and if convinced of malice by the other party, a revenge of appropriate nature[19] should follow.

 Murder under enmity: Under a pre-declared enmity, killing counts just towards the scores of the parties, reducing the number of male representatives of the opponent family and pressurizing them to reach an imbalanced compromise with the offender party. A compromise under such coercion does not mean a settlement, but recognition of reality by the weaker party and supremacy by the offender party. While the offender party would continue to take precautions from public encounter with the victim party, such enmity may thus stay in abeyance for ten, twenty, or thirty years before a boy from the victim party grows up to complete the revenge of his elders killed earlier.

 Honor Killing: In contrast to the three types of murders defined above, the concept of honor killing emanates from practices of illicit sex, adultery, or sometimes even rape. The community, or more specifically the father or brothers of the girl and the boy, are obliged to kill their respective offspring involved in illicit sex. In some cases, however, the community can allow the escape, or forced exile (Kashunda), of the boy from the area. This saves the life of the girl in some cases and allows the girl’s parents to kill the boy, instead, if he is ever found in the vicinity. Nature of proof of illicit relationship may vary from place to place and situation to situation. Even an approach for intimacy by a boy may call for the killing of such a boy by the guardians of the girl for harming their honor. Sometimes, under strict influence of Pukhtoonwali, even father of the boy might choose to kill his own son for dishonoring the family. There have also been instances of women killing their husbands for keeping illicit relations with another woman.

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 Pukhtoon society binds its members to a number of unique and sometimes senseless sets of practices. To understand the Pukhtoon worldview it will be helpful to go through the set of rules that form the larger understanding of life in Pukhtoon societies.

Theft

In the absence of state authorities, issues that involve trespassing or property theft entail both risks to the thief as well as to the victim of theft. In the settled and agricultural areas, cattle theft or stealing may be more common than in the tribal or mountainous areas where people are generally well prepared to shoot and kill in self-defense, making it more dangerous for the thief to trespass. As the result of a theft, a family should feel dishonored, as they may be perceived as too weak or cowardly to protect themselves.  Such a perception insults not only their honor but also may invite more thefts.  If the victim knows the identity of a thief, the accused can be required to take an oath as part of Jirga proceedings.  The accused must either prove his innocence or admit to the theft and make amends. 

The word Bilga is used for stolen property. According to tribal custom, a man is held responsible for a dacoity, a theft or burglary, if any of the stolen articles are recovered from his house, unless the source of such stolen property is disclosed to the community.

Oath

Aspects of the oath also deserve a mention here. Generally, to Pukhtoons, an oath based on religion is quite meaningful and also rarely done. Once a man takes an oath it is determined that he is free of guilt.  However, the party making the accusation may still not be satisfied with such oath. In this case, the party may demand that the man take an oath on his wife. An oath on one’s wife entails that the husband must take an honest oath or their marriage will dissolve in the spiritual sense. Sanctity and symbolism attached to the wife is so deep and precious that, in many cases, men who took an oath on God later confessed to the crime when asked to take an oath on wife. Taking an oath has two forms: a person may be required to take an oath, or someone may “throw” an oath on the accused party.  The person upon whom such an oath is thrown is expected to be as honest as if he were taking an oath voluntarily.

Sex

Sexual misbehavior is subject to rigorous consequences because it is deemed an offence against family honor. Adultery is punished by killing both individuals if they are caught in bed together. If only one of the two is slain, the killing is viewed as illegitimate because it throws suspicion on the killer’s motives. In the case of forcible rape or if a woman reports that she has been sexually harassed, only the man is liable to be killed. While sexual crimes are primarily committed by men on women, adolescent boys and girls also fall victim. 

Such honor killings may also occur in cases of elopement (or forcible abduction) when an unmarried girl runs off with a man without her family’s permission.  Because her father and brothers are then expected to kill them, the couple often flees the area and seeks sanctuary (Nanawatay) elsewhere.  They may later try to regularize their status by providing indemnity (pour), a shame payment. The man’s family must also provide a woman or two in marriage (Swara) to the offended family by way of apology.

Declaration of ‘Tor’ literally means guilty.  A person may be declared a black-sheep by the community for his or her illicit and illegitimate approach to another partner. It is an ancient tradition, prevalent in neighboring cultures[20] as well. The cases of adultery and illicit relations are put down with an iron hand and no mercy is shown to the culprits, neither male nor female.

There is ample evidence of the presence of adultery and homosexuality in some segments of Pukhtoon society.  It is thought within the Pukhtoon culture that the severity of punishment will act as a deterrent for such inappropriate behavior; however, the very fact that these harsh punishments are awarded is the testimony to the argument that it is a natural tendency of human beings to form these kinds of relationships. In this way, Pukhtoons are no different from other societies and cultures where such behavior also exists.

In cases of the abduction of a married woman, the woman and her lover are similarly liable to be killed if caught by either the husband’s family or the woman’s family since both have had their honor offended.  Such abduction may therefore lead to the emergence of a difficult and long-lasting blood feud. 

Family Laws

In Pukhtoon society, most marriages are arranged. They often involve long negotiations and questions may arise as to when or if a commitment is binding.  Negotiations center first on whether the offer of marriage should be accepted. Vulvur or Walwar, which is the price to be paid by the groom’s family to the bride’s parents, is practiced in some areas.

Although by religious law divorce is relatively easy for a man to declare, among Pukhtoons divorce itself is viewed as dishonorable and, therefore, rare.  Under Islamic law, a man can have up to four wives. Although it is practiced rarely, polygamy is socially allowed only for the need of offspring, particularly a boy.

Pairs of children are sometimes announced engaged by the elderly women or the family heads when the children are still infants. Despite the medical opinion that marriages among close relatives have the risk of congenital defects in offspring, the practice of consanguineous marriages, particularly with first cousins, is a common phenomenon. In some cases, young children may even be married prior to puberty.

Another area of trouble is a forcible engagement (ghazh) in which a man publicly announces his engagement to a girl, making it difficult for anyone else to propose to the girl. The parents of the girl either have to kill such a volunteer groom, or to avoid such nonsense; they can ignore the announcement and arrange a marriage of their daughter in some other village.  It is also possible to reconcile with the announcement and agree to the marriage.  Settlement after such a humiliating announcement by a social deviant demands high profile Nanawatay and tough negotiations from girl’s parents, including the demand of an exchange marriage of a girl or two from the boy’s family.

Property               

Three basic disputes commonly arise over land based on:

1) Questions of ownership and the right to sell

2) Water rights

3) Encroachments by neighbors on personal and community property 

Land records are generally not maintained in the Pukhtoon areas because there has never been effective presence of the government. Secondly, there is little culture of maintaining and trusting the written system. An owner of private agricultural land has the right to sell or mortgage it for a loan.  However, determining who has the legal right to sell or pledge such land may be disputed.  Partitioning of land is considered a weak gesture in Pukhtoonwali, which encourages people to continue to live in a joint family system. Unfortunately, Pukhtoonwali does not prescribe any method of partitioning lands between the heirs. It also does not prescribe a reasonable mechanism for a family unit that wishes to split from the joint family.  Subfamilies within the larger joint family may begin to use common lands or other property, allowing a disproportional share in the property to the heirs who might deserve more. The more the family delays the partition, the more complex the matter might get, eventually leading to complex misunderstandings between first cousins. Demand of early partition is also strongly resisted by those holding the possession of such lands, thus making the issue more difficult.

Rights to land usually involve rights to water as well because irrigation is what makes productive agriculture possible. Questions of water cycle and the maintaining of irrigation channels through community work are sorted out at the village level through the community Jirga system.

An offence of encroachment on land or property demands an intervention by the community or Jirga. The other option is armed conflict.

 Monetary Disputes

Monetary transactions are usually done on verbal promises as tribal and rural Pukhtoons can not afford and do not desire to approach formal government courts to institute financial claims. The transactions are built on the fragile interpersonal relationship in which word of mouth promises more security than a written deed.

If a debtor fails to repay his debt, the creditor obtains the right of seizing the cattle or a person from the family of the debtor. The person kidnapped under Bramta is usually kept well and the community is informed of such an activity thus differentiating it from kidnapping for ransom.

Bota and Bramta in the tribal areas have often given rise to intertribal disputes and blood feuds. The British Government in India often resorted to Bramta 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 Bramta. Even today, the tribal administration of the Government of Pakistan often resorts to the seizing of shops, vehicles, and men of a tribe accused under the law. Similarly, the tribal people use this tactic to put demands on the government by kidnapping government officials. When they need to recover their claims from private citizens of other areas, they can kidnap even a relative of the respondents under Bramta.

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Individuals have rights, as well as society as a whole. How this is balanced in a Pukhtoon society is a complicated issue. While security of the individuals and families is a legitimate personal issue, all other factors of social life are subject to scrutiny by the community, usually lead by a Jirga. An individual detached from society is a non-entity[21], but to preserve one’s own character, a man has the right to challenge the structures of the social order.

Within Pukhtoonwali, an individual finds enough liberties to assert himself in times of need. When honor is threatened, a Pukhtoon would not hesitate to take up arms, not as an allowance by the society, but as a right given to him by birth. However, the same society would control the liberties of the individual when it comes to conformation to the code of Pukhtoonwali. Popular belief is that the individual outside community has nothing to live for.

Community life to Pukhtoons is the only sure way to achieve security and progress. Practiced over centuries in the same manner, communal life has given balance to the various human needs of the individuals. Obviously, for such an arrangement, the context has to be very high.  Therefore, individuals are perceived to be fully responsible for the conduct of their family members within the community.  Under these conditions Jirga finds it easy to engage the family heads to sort out conduct of the youth.  Putting a penalty on fathers or brothers instead of the actual culprit is a common feature of the Jirga decisions.  On the other hand, it is true that an individual would rarely fail his or her community during such a Jirga trial by the community.

Pukhtoons live in close communities. The relationships among immediate family members in a household or home come first. To its people, a general appreciation of the relationship between parents and children comes from two main factors. First, the male children will ensure security to the family and will be the main source of bread earning. Second, the children will serve as pillars to their ageing parents.

Male children grow up with the mission to become a source of income for the collective household; to provide food, shelter, clothing, and medicine and to improve their standards of living. To earn a livelihood, they would go to other countries and for years live alone while their parents would look after the daughters-in-law and their grandchildren. Additionally, these growing children would want to do fresh constructions because of the growing size of the families and, secondly, they would want to purchase some lands. Side by side, these growing children prepare themselves to support the flow of Pukhtoonwali and to carry forward their inherited social order to the coming generations. Pukhtoonwali thus is repeated, trusted, and sustained by old and young a like.

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The cultural and traditional phenomena vary from tribe to tribe and area to area, but the crux of the Pukhtoon society is based on the elements of Pukhtoonwali, the verbal code for Pukhtoons. This code is a doctrine, a law, rule, system and a way of life, which also facilitates the meshing of modern practices and traditions to incorporate some sort of modernization and change.

 In a broad sense, hospitality, magnanimity, chivalry, honesty, uprightness, patriotism, love and devotion are the essential features of Pukhtoonwali. Pukhtoon heritage and Pukhtoonwali is transmitted through oral traditions passed down from parents and elders to the coming generations.

Pukhtoon society practices a combination of norms and ethos unusual to others, but this combination gives shape to a perfectly developed way of living for a society. They have been living like this for ages now and they will make sure that they go on living like that, come what may!  “Change? Yes we would accept it, but let’s see what it means for us?” is a common motto for Pukhtoons.

Pukhtoon heritage and Pukhtoonwali is transmitted through an oral tradition passed down from parents to children in their homes and from elders to youngsters in Hujras. Pukhtoonwali is also considered a code of honor and its offshoots are hospitality, asylum and personal independence.

The Pukhtoon doctrine governs the life of individual Pukhtoons as well as their communities. Honor in Pukhtoonwali is the core for almost every issue.  Second to that come issue of land and money.

One cannot judge the culture of Pukhtoons based on individual factors such as their love for history, or the role of women or other cultural traits like hospitality, asylum or enmity. It is neither our intention to make judgments, however, for understanding Jirga, one will need to understand the overall context in which Jirga operates. The interdependence of Jirga and the code of Pukhtoonwali or Pukhtoon culture provide us with enough reasons to treat the subject of Pukhtoon culture with as much weight as our study of the mainstream practice of Jirga, itself.  Through studying this context, we wish to address some distinctive and yet outstanding issues that attract immediate judgment from outsiders and also look for opportunities to enable the Pukhtoon culture to find space to grow and keep pace with time.