Daily Times

Islamabad: The recently-repatriated elders of Mehsud tribe in South Waziristan tribal region held a mammoth jirga, or tribal council, culminating in an 11-point declaration covering issues like dispute resolution mechanisms and marriage customs.

Restrictions on women: Two clauses of the declaration are conspicuous for restrictions imposed on women’s liberties.

Clause no4 bars women from visiting Army camps on their own to get tents or edibles and clause no6 imposes a ban on use of cameras to take women’s photographs or make videos featuring women, even if those photographed have given their consent for the purpose. The violators including women who have given their consent to be photographed or featured in a video will face expulsion from the area as well as a fine of Rs.500,000, says the declaration a copy of which is available with Daily Times.

According to clause no4, “If a woman violates the decision, a fine of Rs.100,000 will be levied on her family.” A woman should instead approach the jirga members with her request, the declaration adds.

The 60-member jirga in Speen Qamar near Makeen tehsil – a scenic hamlet in the heart of South Waziristan – was held following a series of meetings among elders of five sub clans of the Mehsud tribe.

Locally known as teenga, the agreement’s implementation would be the responsibility of the jirga. Those found violating the declaration will be required to pay fines and if a dispute remains unsettled at the jirga-level it will be handed over to the military authorities for resolution. “If the warring parties refuse to accept the decision of the jirga, the tribal elders will have the authority to hand the wrongdoer over to the military to keep him in detention,” the declaration stated.

Any party who refuses to accept the decision of the jirga will be handed over to the Army to be kept in jail until they accept the decision.

Marriage customs: The jirga fixed haq mahr at Rs.150,000 and two tolas of gold. Those found violating this provision will be required to pay the principal as well as an additional fine to the aggrieved party.

In case of a divorce, the woman’s family will be required to return the full amount of haq mahr including the gold if she has initiated the divorce. The declaration prohibits the woman from marrying another man in the village where her former in-laws are settled.

However, if the husband initiates divorce proceedings, the woman will be free to marry another man in the village where of her former in-laws are settled. Though, she won’t be allowed to marry another man in the family of her former husband.

Walwar or bride price: The jirga has put an end to the practice of walwar, or bride price, payable to a woman’s family by the groom at the time of the marriage. The groom’s family will now be required to ‘gift’ a sheep or goat to the bride’s family. Khalwat, or fee of the jirga members, has been set at Rs10,000 payable by both sides.

Narcotics: The tribal council also imposed an immediate ban on sale and purchase of narcotics, saying that anyone found violating the ban will be fined Rs.500,000. Those using narcotics will face a fine of Rs.500 fine.

Settlements of disputes: The jirga also reached consensus on efforts for settlement of business, property, and land-related disputes. It formed a six-member committee to oversee implementation of the grand jirga‘s decisions. The parties involved in a dispute will have a right to raise objections against the decision. However, any party who refuses to accept the decision will be handed over to the Army to be kept in jail until they accept the decision.

Finances: Almost 80 percent of the amount to be generated from fines collected on violation of declaration will go to the jirga members and the remaining 20 percent will be deposited in the tribe’s main fund pool to be used on promotion of collective well-being.

The elders of Makeen, a main town in the Mehsud populated area, are the first tribe to have held a jirga following their repatriation from IDP camps in Tank, D. I. Khan and Karachi.

Published in Daily Times, September 16^th 2017.