Pashtunwalai,
literally means the way of the Pashtuns, it’s the rules and
regulations and laws of the Pashtun tribes which protected the
world’s biggest tribal society. These rules are responsible
for the survival of the Pashtun tribes for over 2000 years. Some
of the rules go back to the days of Adam and eve and are still
puritan today
NANEWATEI:
Under Nanewatei a penitent enemy is forgiven and the feuding
factions resume peaceful and friendly relations. Thus it creates
a congenial atmosphere for peaceful co-existence and mutual
understanding through eventual reconciliation.
TEEGA
OR KANRAY: Teega or Kanray is
cessation of bloodshed between contending parties. Teega
(putting down of a stone) in other words means a temporary truce
declared by a Jirga. The word stone is used figuratively as
actually no stone is put at the time of the cessation of
hostilities. Once the truce is enforced, no party dares violate
it for fear of punitive measures.
BADAL:
(Eye for an Eye) Self-respect and sensitivity to insult is
another essential trait of Pashtun character. The poorest among
them has his own sense of dignity and honor and he vehemently
refuses to submit to any insult. In fact every Pashtun considers
himself equal if not better than his fellow tribesmen and an
insult is, therefore, taken as scurrilous reflection on his
character. An insult is sure to evoke insult and murder is
likely to lead to a murder.
MELMASTIA:
Pashtun have been described as one of the most hospitable
peoples of the world. They consider Melmastia or generous
hospitality as one of the finest virtues and greet their guest
warmly with a broad smile on their faces. A Pashtun feels
delighted to receive a guest regardless of his past relations or
acquaintance and prepares a delicious meal for him and offers up
to their ability the finest meals available to them.
TOR:
Pashtuns are sensitive about the honor of their women folk and
slight touching of the women is at times considered a serious
and an intolerable offence. The cases of adultery and illicit
relations are put down with iron hand in and no quarter is given
to culprits either male or female. Casting of an evil eye on
woman is tantamount to imperil one's life. Both sexes,
therefore, scrupulously avoid indulgence in immoral practices.
GHUNDI:
Ghundi is a classic case of balance of power in tribal areas. It
is derived from Pashto word Ghund, meaning a political party but
it is used for an alliance. As modern states enter into
bilateral agreements for promotion of trade, cultivation of
friendly relations and mutual defense, similarly various
sections of a tribe align themselves in blocs or Ghunds to
safeguard their common interests. Ghundi is entered into defeat
the aggressive and nefarious designs of a hostile neighbor. In
tribal fighting the Ghundi members espouse their mutual
interests against their common enemy and act as a corporate body
with all the resources at their command.
LOKHAY
WARKAWAL: Lokhay Warkawal
literally means `giving of a pot' but it implies the protection
of an individual or a tribe. A weaker tribe to a stronger one
with the object of ensuring its safety and security generally
gives Lokhay. It is accepted in the form of a sacrificial animal
such as a goat or a sheep. When a tribe accepts a Lokhay from
another tribe, it undertakes the responsibility of safeguarding
the latter's interests against its enemies and protects it at
all costs.
LASHKAR:
Lashkar is an armed party, which goes out from a village or
tribe for warlike purposes. The Lashkar may consist of a hundred
to several thousand men. The Lashkar assembled for Jihad (Holy
Struggle) is usually very large. The decisions of a Jirga, if
violated by a party, are enforced through a tribal Lashkar. The
Lashkar thus performs the functions of police in the event of a
breach of tribal law.
CHIGHA:
Chigha means a pursuit party. The Chigha party is formed or
taken out in case armed bandits with the object of lifting
cattle, looting property or abducting an inmate of the village,
raid a village. Composed of armed persons, the Chigha party goes
in pursuit of the raiders to affect the release of the cattle
etc or recover the stolen property.
TARR:
A mutual accord between two tribes or villagers themselves with
regard to a certain matter is called Tarr. For instance, after
sowing wheat or any other crop, the people of the village agree
not to let loose their cattle to graze in the fields and thus
damage the crop. The man whose cattle are found grazing in the
fields in violation of this agreement has no right to claim
compensation for an injury caused to his cattle by the owner of
the field.
MLA
TARR: Mla Tarr, which literally
means `girding up of loins' denotes two things. Firstly it is
used for all such members of a family who are capable of
carrying and using firearms. Secondly, it means espousing the
cause of a man against his enemies and providing him with an
armed party. The tribesmen resort to Mla Tarr when a person
belonging to their village or tribe is attacked, mal-treated or
disgraced by their enemies.
BADRAGHA:
An armed party escorting a fugitive or a visitor to his
destination is called Badragha. Badragha is a guarantee for the
safety of a man who is either hotly pursued by his enemies or
there is an apprehension of his being killed on his way home. An
armed party accompanies such a man as Badragha or `escort' to
ensure his safe return to the place of his abode. Badragha is
never attacked by the second party because of fear of reprisals
and the blood feud that is sure to follow if an attack is made
on it. The Badragha convoy can be depended upon only within its
own geographical limits; beyond it, the people of other tribes
take the charge to convoy the traveler.
BILGA:
The word Bilga is used for stolen property. A man is held
responsible for theft or burglary if any of the stolen articles
are recovered from his house. In such a case he is obliged to
make good the loss sustained by the afflicted person. He,
however, stands absolved of Bilga if he discloses the source or
the persons from whom he had purchased the stolen articles.
BOTA:
Bota means carrying away. It is a sort of retaliatory action
against an aggressor. For instance, if a creditor fails to
recover his debt from the debtor, he resorts to Bota by seizing
his cattle or one of his kith and kin. The creditor keeps them
as hostages till his dues are fully realized or the debtor has
furnished a security to make payment within a specified period
to the creditor.
BARAMTA:
Baramta like Bota is resorted to when the grievances of a party
are not redressed or a debtor adopts delaying tactics in respect
of payment of a debt to the creditor. The word Baramta is
derived from Persian word Baramad, which means recovery or
restitution of property etc. Under Baramta hostages are held to
ransom till the accused returns the claimed property. The
Pashtuns consider it an act against their sense of honor and
contrary to the principles of Pashtunwali to lay their hands on
dependent classes such as blacksmiths, tailors, barbers and
butchers etc belonging to the debtor's village.
BALANDRA
OR ASHAR: Balandra or Ashar can
be best described as a village aid program under which a
particular task is accomplished on the basis of mutual
cooperation and assistance. At the time of sowing or harvesting,
the villagers lend a helping hand to the man who seeks their
help. They take out their pair of bullocks to plough his fields
at sowing time and assist him in reaping his crops at the time
of harvest. The man, thus obliged, by the fellow villagers holds
a feast in their honor in the evening.
MEERATA:
Meerata means complete annihilation of the male members of a
family by brutal assassination. This is not a custom but a
criminal act. Under Meerata, the stronger member of family used
to assassinate their weak but near relatives with the sole
object of removing them from the line of inheritance and gaining
forcible possession of their lands, houses and other property.
The tribal law seriously views this kind of cold-blooded murder
and persons responsible for such an inhumane and ghastly act
cannot escape the wrath of Pashtuns. The Jirga immediately
assembles to take suitable action against the culprits. The
penalty is usually in the form of setting on fire their houses
and other property and expulsion of the culprits from their
area.
SAZ:
The word Saz is used for blood money or compensation in lieu of
killing. Under the custom of Saz a person who feels penitent
after committing a deliberate murder, approaches the deceased's
family through a Jirga and offers to make payment of blood money
to end enmity between them. All hostilities come to an end
between the parties after acceptance of Saz. Sometimes the
payment of compensation takes the form of giving a girl in
marriage to the aggrieved party. It is also called Swarah, which
binds together the two parties in blood relations and thus helps
in eradicating ill will and feelings of enmity.
ITBAR:
Itbar, which means trust, or guaranteed assurance or is the arch
of society, which is governed by un-written laws or conventions.
All business including contracts relating to sale and mortgage
or disposal of property, is transacted on the basis of trust or
Itbar. Such transactions are verbal and are entered into in the
presence of the village elders or a few witnesses. The violation
of Itbar is considered to be dishonorable act, un-becoming of
gentleman and contrary to the norms of Pashtunwali.
HAMSAYA:
The word Hamsaya stands for a neighbor but in Pashto it applies
to a man who abandons his home either due to poverty or blood
feud and seeks protection of an elder of another village. In
this way the latter becomes his client or vassal. It is,
therefore, incumbent upon the protector to save his Hamsaya from
insult or injury from any source.