English 1. Judicial System of the Swat State in the Regime of Wali Swat and its Appraisal in the Light of Islamic Law (Sharī’ah) (1917-1969)

Authors

  • Dr. Lutfullah Saqib Associate Professor (Law and Shar?‘ah), University of Swat, KP, Pakistan.
  • Rasheed Ahmad Faizy Department of Law & Shar?‘ah, University of Swat.
  • Dr. Syed Naeem Badshah Bukhari Associate Professor, University of Agriculture Peshawar.

DOI:

https://doi.org/10.53575/arjicc.v3.02(22)e1.1-15

Keywords:

Qa?a, Wali ?eb, Islamic law, Procedure, Judicial, Bacha ?eb, Shari’ah, Qadi, Ma?kamah, Yusufzai, Ullamas

Abstract

The Judicial system in Yūsufzai state of Swat (1917-1969), being one of the prominent justice system, in the whole subcontinent; evolved in short interval of time owing to its cheap and speedy justice dispensation. In this study, the judicial system of former state of Swat, with primary focus on procedural law, had been examined critically from perspective of Islamic law; meaning thereby whether that law was in compliance with Sharī’ah. While carrying out this probe, the content analysis technique of qualitative research had adopted In the course of investigation, it was revealed that Yūsufzai court had incredible similarities with the Maḥkamah-e-Qaḍā (Islamic Judicial System) in many facets. It was found, too, that Jirga used to rule in the Swat state, due to the absence of formal justice system. The formal courts, simple and brief, were established in the early 30’s (thirties’); however, towards the end of second decade the formal courts were deep rooted, settling cumbersome issues with its complex hierarchal and prevailed set-up.  Study reveals, with solid evidences, that the appointment of Qāḍī by the ruler himself or with consultation from ‘Ullamās and hiring of Vakīl by the parties, were, primarily, Sharī’ah based. On the same way, suit institution, summoning defendant by plaintiff himself or Policeman, Shahādah on the alleger of fact, swearing on defendant and oral or written pronouncement of judgement and etc.  Were entirely Sharī’ah based.

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Published

2022-06-27