سیاہ کاری کے متعلق شیرانی قبائل کے مروجہ قوانین کافقہ اسلامی کی روشنی میں تحقیقی مطالعہ

Customary Laws of Shirani Tribes Regarding Honor Crimes: A Research Study in the Light of Islamic Jurisprudence

Abstract

This article examines the customary laws of the Sherani tribe concerning "Siahkari" (adultery) in light of Islamic jurisprudence. Siahkari is considered a grave sin in Islam, with clear punishments prescribed for its perpetrators, such as the "Hadd-e-Zina," implemented under specific conditions, including the testimony of four witnesses or a confession. The study analyzes the tribal practices distinguishing unmarried, betrothed, married, and widowed women accused of adultery, highlighting the lack of evidence required for these accusations. The tribal customs mandate severe punishments, including death, mutilation, or social ostracization, often enforced by the woman’s male relatives or in-laws. Historical accounts from the Zhob Gazetteer show that such practices included cutting off a seducer's foot or nose and mutilating widows involved in misconduct. In contemporary times, the issue remains highly sensitive, with little room for negotiation or reconciliation. Tribal norms still dictate killing both the man and woman involved without requiring proof beyond the accusers' claims. The article critically evaluates these practices, comparing them with Islamic principles of justice, evidence, and punishment. It underscores the divergence between tribal laws and Islamic jurisprudence, advocating for a re-evaluation of these customs to align with Islamic teachings and ensure justice.