The custom of Swara or Vani, or any other custom or practice under any name in which the females are given as consideration for settling a civil dispute or criminal liability is clearly an un-Islamic, unconstitutional and illegal practice which is punishable with imprisonment and fine in accordance with the Pakistan Penal Code.
This nefarious practice of Swara has been in vogue in different parts of Pakistan under different names and different pretexes; according to such practice girls or females are given and taken in Nikah or otherwise as consideration for compromise. This evil practice of forced marriages of girls in the name of compensation of murder, raping and settling of other disputes has been in prevalence in different parts of Pakistan by different names like vani, swara, sharam, khoon baha, sang chatti and karo-kari, etc. All such evil practices in which females are given in Nikah or otherwise to the victim party in the name of consideration for compromise or badal-i-sulh are un-Islamic and against the principles of Holy Quran and Sunnah۔
After the promulgation of 25th Constitutional amendment resultantly the erstwhile Federally Administration Tribunal Areas has already been merged into Khyber Pakhtunkhwa Province of Pakistan. Consequently, the constitutional and legal status of the Kurram Agency is changed. The Frontier Crime Regulations are abrogated from FATA, Pakistan Penal Code, 1860 and other laws are now applicable in that area.
SHARIAT PETITION NO. 02/I OF 2014
M/s Najaat Welfare Foundation, P-756-A, Kot Khan Muhammad, Satiana Road, Faisalabad through its General Secretary Muhammad Ilyos son of Muhammad Ali Javed. VERSUS Federation of Pakistan through Secretary Ministry of Law, Justice & Parliamentary Affairs, Central Secretariat, Sharah-e-Dastoor, Islamabad and others.
Decoded on 25-10-2021
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