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.

Being aware of the intricacy of the situation, Miangul Abdul Wadud adopted a unique strategy. He did not frame a constitution and uniform laws of his own, but asked the local jargas to frame rules and regulations for their respective areas. These rules were strictly enforced and people would abide by them. The rules thus framed were called Dasturul Amal (Code of Conduct). The codes of Conduct thus framed by the jargas for their respective localities of the Swat State were not uniform.

Side by side, the Ruler issued orders and implemented his commandments at his own will. These orders were sometimes contrary to the existing Codes of Conduct, but the jargas had been asked to pass and make these orders their Codes of Conduct in future. The Ruler issued and conveyed his orders and commandments, during Miangul Abdul Wadud’s reign, mostly telephonically. Miangul Jahanzeb too issued and conveyed his orders telephonically to the administrative personnel but his decrees meant for the common people were issued also in written form.

The rules and regulations framed by the jargas and decrees issued by the Rulers have been implemented but fear and favour, and discretion and discrimination have been observed though not frequently.

Miangul Abdul Wadud and Miangul Jahanzeb were not the originators of the administrative system of Swat State. They, however, raised the super structure upon the foundation laid by Abdul Jabbar Shah. They made developments and modifications therein and transformed the raw structure into a somewhat organized one.

In the administrative apparatus, all the appointments, promotions, and dismissals rested with the rulers. There was complete autocracy and absolutism during Abdul Wadud and Jahanzeb’s entire reign. Both of them, however were energetic and hard working, and, on the whole, ruled firmly and benevolently. They personally supervised all the affairs of the State and administration keenly and minutely, and held daily courts save the holidays. They kept themselves informed of all the matters and cases, great or small. People, influential and ordinary, had an access to them in the office, but in a visible discriminative way, especially in Jahanzeb’s case.

The administrative hierarchy, from top to bottom, on the whole, worked quickly and effectively and so stands unique, at least among the Princely States. Direct appointments on the posts of Tahsildars, Hakims, Mashirs, Wazirs and the similar other officials had not been made during Jahanzeb’s reign. On the whole, they were promoted from the clerks of the Ruler’s secretariat stage wise, but in some cases the promotions had been given rapidly.

The technique adopted by Abdul Wadud to honour the local tribal traditions and aspirations, to a greater extent, in the formulation of rules, regulations and administrative machinery, worked well successfully. The contemporary British reports had endorsed the success and effectiveness of the rules and penal codes introduced and implemented in Swat State.

The collective local responsibility of either surrending the culprits or to pay the fine imposed in case the culprits and offenders were not known or not pointed out by the people of the concerned place, was an effective measure and tool for tracing the culprits and offenders and also for minimizing the offences, thefts and other unwanted acts of such natures. It should be noted that in the early years of Abdul Wadud’s rule, the thieves were to be shot dead on the spot or where ever they were to be found.

Like civil administration, the military organization of the State exhibited its own features. The financial system too had its own unique features under Abdul Wadud and Jahanzeb. The Ruler was the State’s exchequer. No officer, even the Wazir-e-Mal or Mashir-e-Mal, was entitled to draw a single rupee from the State treasury, except with the approval and signature of the Ruler. There was no limitation on the Ruler in disbursement from the State exchequer and there was no audit of him. In a sense the State and private revenue and income of the Ruler, especially during Abdul Wadud’s reign, was considered one and the same and so had been used in the same manner. Taxation was heavy, which was no doubt based on taxing the fruits of the private activities.

The judicial system of Swat State was not Islamic in its essence as is commonly believed. It was a synthesis of the traditional codes, Islamic norms compatible with the traditional codes, and the commands, orders and words of the Ruler.The Ruler had the final authority and supremacy and the traditional codes held secondary status. Islamic law was subservient to both of them. The Ruler was neither bound to the Codes of conduct nor Shariat. The system, however, was an effective one. The trials were quick and cheap, and the judgements properly implemented. The cases were usually decided on first hearing or at the latest on the second.

Fredrik Barth nicely observes that the overall administrative system of the Swat State:

Represented a new and emergent structure, that its organization was not simply copied and introduced from elsewhere . . . . Here, it is sufficient to point to the absence of any neighbouring states with a similar organization. Certainly, most or perhaps all of the elements can be found represented in various organizations in the larger region: the bodyguard pattern shared with Dir, the tax auctioning known from Moghul India, the Tahsil divisions and officers of British India, the Islamic institution of Ushur [ushar], etc.

Abdul Jabbar Shah’s procedure for the swift creation of a popular Army may have been innovative-at least it was unknown to the Badshah . . . but it may well have been an introduction from Amb. But the essential structure of Swat State, which assured its survival, did not emulate the pattern of any other state: not the pluralistic and coercive Knanate of Dir . . . the intricate centralized feudalism of Chitral . . . the ritual absolution of Hunza . . . or the colonial bureaucracy of British India.

If you would like to learn more about Swat and it’s wonderful history, please visit The History of the Swat Valley.