UNDERSTANDING HONOUR AND ELOPEMENT AMONG THE PASHTUNS: A STUDY ON LEGAL PLURALISM
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Abstract
Marriage for the Pashtun community of Baluchistan in Pakistan is a familial matter and not solely a concern for the individuals involved. While the state law allows men and women to marry of their own choice, societal norms tend to discourage individuals from making such decisions independently. It is largely obligatory for individuals to comply with decisions made by their families. Should they wish to pursue their own choices they may be compelled to leave their families. Under such circumstances, chances are that an individual’s decision to marry on his/her own would be seen as a case of elopement. Given the specific understanding of honour and shame, associated primarily with women and the female body, this is seen as a blatant violation of norms and a major offence. However, the onus here weighs more on men who are perceived as offenders whose “crime” leads to ‘dishonouring’ the woman’s family. Interestingly, and contrary to common assumption, a breach of honour is resolved through negotiations, even if reluctantly. This is to say that the matter is decided not by killing the couple but rather through customary law (marakah). The present study explores the role of this customary law in such cases of elopement and thereby sees it as an interesting example of legal pluralism.
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