As so many people talk about the what the judicial system in Swat was in Wali Swat’s time, I stumbled on this great review of the whole system from another Swati.
History of The Valley Swat
Judicial Administration:
Like other administrative spheres, Swat State had its unique status in respect of its judicial system.
Qazis, Shariat, Judicial Hierachy, and their Status:
Qazis were appointed, claims Maingul Abdul Wadud, all over the State on the village, Tahsil and Hakimi levels to decide the cases and the litigants may not suffer travelling long distances to the courts. The Tahsil Qazi had not only to deal with the Tahsil level cases but also acted as a court of appeal for the decisions of the village Qazi. The Qazi attached with every Hakim acted as higher court of appeal. On the top was a court at the capital of the State, comprising of Chief Qazi and other learned scholars of Islamic jurisprudence, which adjudged serious cases and worked as a Supreme Court of Islamic Jurisprudence and the highest court of appeal.
However, the judicial hierarchy comprised the Ruler on the top and Tahsildar at the bottom. The Qazi could not take cognizance of the disputes unless referred to them by Tahsildar, Hakim, Mashir, Wazir, Heir Apparent, and the Ruler or other officials. Even the Commander-in Chief held judicial powers and duties. A new department known as Mehkama-e-Munsifan was established later on. The munsifs were also entrusted with judicial power. Their panel usually had to visit the spot and had either to give their own judgement or had to report the position to the Ruler or heir apparent.
It should not be taken, as is commonly believed, that Shariat was the Supreme Law and that all the people were bound to follow and decide their cases accordingly in the Qazi courts. There was no separation of power in respect of the State officials. Administrative, executive, fiscal and judicial powers and functions were vested at a time in the hands of the State officials and Ruler, but the Qazis did not possess any sort of administrative, executive, fiscal and real judicial powers and functions. The Qazi courts were subservient to the Administrative cum Judicial officers and Islamic Laws to the regional ‘Codes of Conduct,’ and both were subordinate to the orders of the Rulers.
There were fines for all kinds of offences, I.e. murders, thefts, adultery, and so forth. Strict Islamic rules and laws were seldom followed. All the fines were fixed by the local jargas in the Codes of Conduct or by the Rulers.
It us noteworthy that procedural uniformity did not exist in filling petitions and their dispensation. Petition has been filed to a variety of the State officials, e.g. Tahsildar, Hakim, Hakim Ala, Naib Mashir, Mashir, Wali, Sipah Salar, Wali Ahmad and the Wali. Petitions and applications on the ordinary paper and letters from abroad have also been entertained. All the related officials instructions, correspondence, orders, and so forth has been done on the back of the papers on which petitions has been filed. However, the final decisions and verdicts have been given on stamp papers to those in whose favour the cases have been decided. The verdicts of the decisions have been usually brief, stating names of the petitioner(s) and the respondent(s), contentions of the parties and the reason for the decision in favour of the one party, written in Pukhtu which was the official language of the State. These have also been recorded in the in the State registers as official copies. Besides, some of the shortcomings of the Western judicial system-technicality, delay, and high cost were not known ever. Read the rest of this entry »
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