PASHTON TRADITION’S
The customs and traditions of all pakhtuns are same and Zadran are also typical Pakhtun people living in the mountainous area of paktia province their customs and traditions are similar to other pakhtun people but with little variations. Some of their prominent customs and traditions are,
NARKH
In simple terms, it means common customary law. Pakhtuns, covering penalties and punishment for all kinds of offences against the native customs, norms and traditions. It may simply, be called as Rewaj covering all norms of Pakhtuns society. No body in Pathan society is supposed to violate the rules of Narkh as contrarily, everybody’s rights are fully protected. Some tribes have Narkh of their own but the main standards of all Narkh are similar. All known Narkh is that of the Ahmadzais which consists of Esa Narkh and Musa Narkh of which the Esa Narkh is very strict and precise. Narkh is a tribal law, and is binding on all members. Those refusing to obey Narkh are refused tribal membership and rights. The Pakhtuns say” Da watana wooza kho de narkha ma wooza”meaning” you may leave your homeland, but you cannot leave the homeland Narkh”. This proverb explains the fact that Pakhtuns give utmost importance to the Narkh. Zadran Narkh is simple judicial system and serves the spiritual and material needs of the Zadran tribe. With the development of the tribes, Narkh changes and an individual of influence may use Narkh in his own favor through’ maraka’ and ‘ jirga’.
NANAWATE
Nanawati is the ceremony of pardon begging, which occupies and important place in the Zadran tribal customs. In every case, the par’h (blamed accused) sends Nanawati to his opponent. Nanawati in the case of murder is very heavy. When one is killed, the killer shall send Nanawati to the relatives of the killed and the later will honor Nanawati as the Narkh commands. No Nanawati is acceptable in the case of an assault on namus i. e woman.
For petty offences Nanawati will be Spin patkey (mullah) taking as psa (sheep) to the plaintiff’s house. For serious offences Nanawati consists of sending sipn patkeyan (mullahs), spin gieries and notables who carry psoona to the opponent’s house. Tor saray (woman) also go to the opponent’s house with Holy Quran on their heads and implore his mercy through Nanawati which is never rejected. In a case of murder, the killer is taken along with Nanawati and put at the disposal of the relatives of the murdered whether to kill or pardon him. In such cases, the killer is usually pardoned.
MARAKA
Maraka means tribal customary law court. The marakacheyan issue their sentence in accordance with the codes of Narkh. The difference between maraka and jirga is that the former investigate and hears small cases while the later, the big ones. ‘Wak’ is given to maraka and also jirga members and whatever the verdict, both sides have to accept. Mostly weapons, cash, jewellery etc are given to maraka/jirga members as guarantee which can be confiscated from the side not accepting the verdict.
There are two kinds of maraka. One is the Zhabay sa khwarido maraka in which both sides to the case present their cases to prove the case in their favor and the Maraka hears them. The other is Da Wak maraka in which Wak is given to maraka and what ever the sentence, both sides have to accept it.
MARAKACHI
Marakachi or Marakzan is a member of maraka. The member of maraka is called spin Gierai. Usually a marakachi is an influential man, Spin Giery connotes masher (elder), but the marakachi does not necessarily have to be elderly. A young marakachi is also called Spin Gierai. A marakachi has security in maraka. Experienced marakacheyan do not issue any sentence unless advised by narkhyan that the sentence accords with the codes of Narkh
ARBAKAY
Tribal police man is called Arbakay. In Paktia province, Arbakay supervises the implementation of tribal decision with the authority or punish those who do not obey the tribal decisions. The usual punishment is to burn down the house of the guilty man. Arbakay obeys the orders of the ‘MIR’.
Arbakay has peculiar immunity amongst the tribe. Nobody can inflict any harm on him and if any one does so, he will be severely punished. Until recent times the Arbakay had special tasks to perform.
ATTAN
it is a square type of dance performed by Pathan youths in one square. Only in tribal combats the young men go to fight in Attan. When Chigha is called for, everyone has a duty to enter the square to Attan and go to the tribal combat.
Attan is an element of Zadran’s culture and has no instance in the culture of other nations, for in the rest of the world. Square dancing is done only for enjoyment but in pashtun tribes Attan is done on the battle ground too. However the dancing done for enjoyment is called gada or nasa.
BABERRAI
Access over a decision of the Jirga is called baberry. This term is usually used in the cases of Walver (price fixed for the bride).
For example, if an amount is fixed by two parties as walvar but afterwards the family of the girl demands more than what was decided, it would be called Baberry. The word Baberry is also used for the reversal of a disease.
BADANA
BAdana is another word for the ‘robe of honor’. When the decision of maraka is accepted by both sides of a dispute, then a badana is given to the members of maraka. It is a kind of bribe and is used when the members of maraka side up with the powerful party to the dispute and try to enforce their decision upon the other party by force. The word Bade is also used for Badana.
BADI
Badi means enmity. The man having enmity with someone is called Badi dar. Badi is used individually as well as collectively i. e. Two tribes may have badi between themselves. Badi is very close to trabgany, but trabgany is more exclusive concept.
BARAMPTHA
Baramphta means a pledge which both parties to a dispute will give to the maraka to enable it to implement a decision. If one or both of the parties to a dispute will not accept the settlement decision, the baramptha of the non-accepting party is forfeited. Usually rifles are given in baramptha. The baramptha which is forfeited is either given to the accepting party or kept by the marakachyan (members of the Council) Baramptha is a kind of guarantee which is given to the maraka in all tribes. The kidnapping of a person for a certain purpose other than ransom is also called baramptha.
BARKHA
Barkha literally means part or share. In Pashtun custom it means ‘rights’. A person living in a tribe has Barkha there. Such a barkha (share) in the tribe has its own economic and judicial implications. Barkha is also the share for which one takes part in the public work.
BAKHAL
Bakhal means ‘pardon’. Every member of a tribe had the right to Bakhal. Every individual or group of a tribe can grand it to the encroachers upon his rights. Usually Bakhana is given in the cases of murder. However no cases of Bakhana are in the case of assault on a woman can be found in Pashtun society. If someone were to grant Bakhana in such a case, he would lose face in his tribe.
BAWAR
Bawar means trust. In tribal marakas and conical, both sides of the dispute are required to give Bawar to some one as a surety.
Bawar is given orally. Until Bawar is not given, maraka will not sit. A tribal man is sincere in giving Bawar. When Bawar is broken, the Bawar-breaker has to pay sharam. The misuse of Bawar is an unlawful act according to tribal norm.
BELGA
Anything from among the stolen things found in someone’s house. The one whose house it is found is considered either the thief or his accomplice. To store goods stolen by someone else bears tawan and the plea of the man hiding stolen goods is not accepted.
BONGA
the terms is used for the amount taken by the culprits to recover a kidnapped person or to restore stolen articles to the actual owner.
BRID
Brid means attack. In a tribe ‘Tak’ of every member is known and the encroachment on some one’s ‘Tak’ is Brid. ‘Tak’ means land, plot or share. Brid is an offence. If anyone alone or through the connivance of his tribe commits ‘Brid’ he is to be punished according to “Narkh”. The case goes until the decision as to punishment of the offender of Brid is reached. Brid also means a boundary between two individuals or tribes.
DA KAT KHAPA NIWAL
Da kat khapa niwal is an act of begging pardon by holding the leg of the charpais (kot) upon which the body of the killed one is carried to the grave-yard. This custom is similar to that of pa qabar ke samlastal and is resorted to by one who has killed someone inadvertently. After such an act, the killer is pardoned. The one begging pardon must be very careful to get the charpai, for there is no tawan if he is killed on his way before reaching the charpai.
DAM
Dam means an instrumentalist or a singer. None of the tribal nobility will become a Dam, which has low social status. Their tribal relations are mostly unknown. Dam play and sing in parties, weddings and other festive occasions. Dams have their own customs and traditions. The grooms shall pay some amount to the Dam on the wedding day. If a tribal man harms a Dam, Nanawati is not done nor maraka called to investigate and hear the case; only a second or third rank masher may settle the case.
DAMA
Dama is the woman who acts as dancer and sings songs at the marriage functions. Dama belongs to the non Pashtun race or so to say, lower strata of society. Pashtuns are extremely fond of engaging pretty Damas in their marriage functions; that is why professional female dancers exited till recent past and to some extent even now.
DA MARAKCHI DA SPAKAWI TAWAN
This means tawan for disrespecting a marakachi. The prestige of a spin giery of maraka is strictly safeguarded. If some one disrespects a spin giery of maraka, he shall pay money according to the Esa Narkh.
DA MAROKHEY BADLA
The revenge for kidnapping a married woman. The taking away of a married woman is a very serious crime and has serious por. The offender cannot be pardoned and shall be killed. The por is owwa Sara, meaning that if the first offender dies, his natural death and some one else marries the woman, the second husband is to be killed and this goes on up to the 7th husband to be killed.
DA MIRAS DA PARA QATAL
To kill as to receive inheritance. The one doing this ignominious act is deprived of the inheritance and is liable to por and his house to be set on fire.
DA NAMZADI PA ZOR BEWAL
Means taking away by force, of one’s betroth from her father’s house to his own. When the father-in-law is stubborn to arrange for the wedding, the fiancée has the right to take away his betroth from her father’s to his own house; but when it is done he shall send Nanawati to his father-in-law. The father-in-law is forced by the custom to respect such Nanawati. This is an ancient custom mentioned in the story of Adam khan durkhanai, a famous Pashto folk-story of love and romance.
DA SPIN GIERI GHALA
Da spin giery ghala (i. ei theft by an old man). When an old man is caught stealing, his beard, mustaches and eye-brows are shaved and then released. Such punishment is considered the worst tribal life and one will rather be killed than so punished. This insult is a peghor to his successors.
DA WARMAIG DA WIENI SHARIK WAL
It means the common neck blood, i. ei the blood relationships. All those belonging to the same plarina are considered blood relatives. If some one of a plarina commits murder, all plarina are considered enemies by the murdered side. Any one of da da wormaig de wieni shrik wal may be killed by the victim party.
DODAI (or MARAI)
Dodai means bread. It is also means melmastia (entertainment of guests). The expenses of Jirga are also called Dodai. Oath may be taken on the name of Dodai. The one who frequently entertains guest is called dodimar. When one offers Dodai to someone, he should take it or at least a portion of it otherwise it is considered Sid respectful. Zadran people respect Dodai and Dastarkhwan (tablecloth, the cloth on which food is served). When one takes out Dodai in his hand to be pardon, the other side must kiss it and grant pardon. If he is not willing to grant pardon, he puts some money on the bread because of sharam to Dodai.
DOL
Dol is a double headed drum. In tribal life it is a means of communication. When some trouble looms over a village, the dols are drummed up. The village people hearing dol will hurry to the place where Dolchi (the drummer) stands. All along the march to and the battlefield, a dol is drummed. In tribal customs dol is respected. The dol is kept in the house of a masher (Elder).
DOKHMAN (or DOSHMAN)
It means enemy. Dokhman is called Ghaleem (enemy) and to try to defeat him on every front is a tribal duty. To continue enmity with his enemy is a sign of manliness for a Pashtun. The Dushman of one person is the Dushman of all the members of his plarina. It is a saying, Dokhman, even if small and fire even if a spark, is always harmful.
DRIMAN
The word means the third ones or a third party trusted by both sides to a dispute for setting the matter. Driman gather information about the case from both sides and on the basis of his findings determine the malamat (guilty). Driman do not have the prestige of maraka for their decision is not accepted, it has no nagha.
ELCHI
Elchi is the middleman between two quarreling tribes. He brings about some understanding between them. Elchi has the privilege to enjoy security as it said; there is no prison or detection for Elchi. To insult an Elchi is an offence and the offender must pay sharam, otherwise the Elchi has the right to file suit before jirga. It has occurred in tribal history of Afghanistan that an Elchi once went to some hostile to his own, and was insulted there. Upon his return he field suit for attempted murder and the jirga settled the case in his favor.
GHACH
Ghach means revenge. (Ghach Prikhodal) means not to take revenge is considered cowardly and unmanly. In Zadran every man and every tribe has a very strong sense of (Ghach). A tribal man may be very patient in Ghach Akhistal (revenge taking) but eventually he takes it. The proverb, (PAKHTUN SAL KAL WROSTA GHACH WAKHIST WAILY-OS-ME HUM TALWAR OKRA) means a pashtun took revenge hundred years later, but said even then had been in hurry, explains the patience and strength of the pakhtun in taking revenge.
GHAIRAT
Ghairat means zeal. To keep on one’s own and his tribe’s prestige, one has to be zealous, courageous and somewhat heedless. The one who is not zealous and courageous may come under the chapaw of others. Ghairat is a part of namus and it is said that if one has no ghairat he cannot keep his namus. Calling one Beghairat (unzealous) is insult equal to calling names. Nobody has the right to call other one as Beghairat. Ghairat does not only concern men; women also must have Ghairat. Ghairat is often tinged with fanaticism yet it helps to preserve the tribal system and is an integral component of Pakhtunwali.
GHOLAY
Gholay means the courtyard of a house. In tribal terms it is the track a tor (accused) person adopts for himself through which he can walk with immunity to someone’s house. The tor will walk along a certain path to the house of a certain man and kill a sheep there. This brings him under the protection of the said man. Then he walks to another’s house and kill a sheep there and so on. He is then protected by all the people whom he crosses in such a manner. The path, along which the tor thus walks, is called gholay. He has immunity while on this path, but he has to be very careful not to walk off this path or else, he may be attacked.
GIERA
the word means beard. It is the symbol of manliness and is sacred despite the fact majority of the young shave beard in today’s time. To harm someone’s beard brings the liability of por. The pulling out of a beard in fight has a certain tawan of done deliberately.
HAD
The word literally means bone. But in custom it means a member of plarina. All those having a common plarina are each other’s had. When one of plarina is killed, it is a Hadmat for the whole plarina and all the members will act as one to revenge the death. (Hadmat means one whose bone is broken). The father and brother of the killed one are called hadmati. In every day conversation the plarina of the killed one is called hadmati for their had (bone) is broken, meaning that a member of their plarina is killed.
HAD PO HAD KE
When maraka decides that the killer side shall given a woman to the heir of the killed and a compromise is effected in this way, such a decree and rogha is called Had po Had ke that is, bone for bone. To accept the principle of had pa had, does not depend only on the members of the family of the killed but it is mutually discussed by all the members of the plarina and decision as to he acceptance made. It is not necessary to give only one woman in “Had pa Had ke”. Instances have been noticed in which seven women were given in Had pa Had ke.
HUJRA
A Hujra is a place for guests and for gatherings and parties of the male population of the village. A Pakhtun must have either Hujra, big or small or baitaks.
In the Hujra of Khan festive gatherings are held. A Hujra is a safe place for any offender entering its premises and is protected there up to the time he gets out. Even the murderer of the hujra owner’s brother or son, when he gets into the hujra, can stay there in security and the Hujra owner will not do any harm to him.
Hujra has special norms and etiquettes. The elder, will sit in the elders place and the youngster in the place for young ones, but the Hujra owners always sits near the door. The institution of Hujra amongst the Zadran is now unluckily dwindling fast.
JHAGH
A peculiar custom prevailing amongst Pathans is Jhagh which means a unilateral declaration of claim over a girl. A man wishing a particular girl for his wife may declare unilaterally by means of fire shots, that he has jagh or claim on her, thereby announcing that anyone else having claim on her, will have to settle his accounts with him first.
A youth making such proclamation obviously takes the risk of his life for there is every possibility of disapproval of the girls’ father or guardians which may lead to utter animosity between the two parties. If however, there is place for the girl amongst her relatives, the Jjagh-making youth is cooled down, otherwise the girl has to be betrothing to him or else he has to appease by cash money. If the girl’s father is comparatively more powerful, then the jhagh-making youth is bond to pay him sharmana (the amount received as a result of his insult).
KHAN
Khan is masher (elder) of the tribe. He is defacto member of maraka. He may issue his own orders too. Khan has hujra and must serve the guests that come to his hujra. In places where old customs have remained in force, the Mir is the ruling power and where these customs have weakened; the Khan is the ruling power.
KHAIRAT
Literally khairat means sacrifice and devotion. It is a custom in Zadran to slaughter a sheep, goat, cow or buffalo in sacrifice to celebrate certain religious and other traditional festivals. The slaughtering of sheep or cow in maraka and jirga in prayer for the successful conclusion is also called khairat. To avert calamities such as draught the Mullahs will often advice people to do khairat.
KOG NARKH
The verdict in favor of one side contrary to the rules of Narkh is called Kog-Narkh. If the opponent does not have to accept the verdict he has the right to appeal to another maraka. If a wrong (KAGA) is proved at the hands of marakcheyan, they have to pay nagha, otherwise the opponent has to obey the verdict and pay nagha.
LAMAN
Literally Laman means shirt. In custom, it means excuse, forgiving and granting refuge. “Pa laman de vor lwedal” plunting into laman means ‘ asking for refuge. Flankey loya laman lari means “Mr. so and so has a wide laman i. e. he has a great sense of forgiving and pardoning.
In jirga and maraka when pardon is begged from someone then it is said’ Staa laman loya da”. Pa kpula laman ke qabul kra.
Meaning u has a vast laman; accept him in your laman. A Zadran takes pride in hearing that he has a vast laman.
LOKHAY
Lokhay is the psa (sheep) given in Nanawati. When someone tries to come under the protection of a tribe, he puts Lokhay with it. Anyone asking for the protection will slaughter a psa in the tribe, and the tribe grants him membership. From then one, the tribe will keep him in safety from any harm intended by any one.
LOKHAY SHARIKAWAL
Lokhay sharikawal is another good practice followed in Zadran people. A weaker tribe or individual slaughters a lamb in front of the house of an influential malik or in his hujra and expresses his desire for acceptance of his pot by the naik. Once he accepts the pot, his housemates as per tradition become the family members of his naik and vice versa. No ill will is nourished between the two afterwards.
MACHALGA
Machalga is the surety given to the marakachyan by both sides of the case in dispute, ensuring unconditional compliance of the maraka’s decision. Usually topaks, Kalashnikovs, cash or ornaments may be given in Machalga. Machalga is forfeited against the side not accepting the maraka sentence. Unless Machalga is given the maraka will not be convened. When convened, the maraka will ask both sides to pledge orally that the side not accepting the decision will not request return of its Machalga.
MAKHRUNAY
Makhrunay is the guiltless person. In this sense of the term it is synonym to spin. “Every man is born innocent and remains so unless proved otherwise”, that is every one is Makhrunay unless he commits an offence, is a command of the Afghan customary law. An accused proved innocent is called Makhrunay and in such a case, he may demand Nagha under sharam from his accusers.
MAKHTORAY
An offender of criminal but in particular, an adulterer. The irreligious ones and agnostics are also called makh toray. Makhtoray kedal, to become an adulterer, is an unpardonable crime. Every tor may become spin, (guiltless) but makh toray cannot become spin. This proverb is in accord with the codes of Narkh concerning adultery. Nanawati of makhtoray cannot be accepted, that he is cannot be pardoned, and has to be killed. His killing carries no por, if killed by his opponents.
MALAK
Malek is the elder of his tribe. He follows tribal events and sometimes informs others of them.Malak is the mediator between his tribe and the political Agent in Zadran. The institution has unluckily swindle wit the passage of time.
MALAMAT
Malamat means ‘par’h. Anyone proved wrong n his suit is called Malamat and is duty bound to pay nagha. One declared malamat has to accept the verdict otherwise the nagha is increased.
MARG
Marg, mrrina and khun are synonymous each meaning murder. In common usage premeditated murder is marg which carries a great tawan. Tawan. The por for Marg is not easily forgiven and if someone does forgive, he is called Be nagha (disgraced, coward). The por for Marg is Marg If Nanawati accepted, pardon is granted. The Nanawati in the case of Marg however not easily accepted. But if he gets hold of the leg of the bedstead or lies down in the grave dug for the murdered, then this is a pardon to the relatives of the murdered and Nanawati is accepted.
MASHAR
Mashers is a respected title given to one by his tribe. A masher is the jury member of maraka and jirga. Generally speaking masher connotes Spin gierai. A masher is not necessarily old; he may be young and still deemed as Masher. In common usage every old man is a Masher, but as a tribal title, masher is to ensure him of his influenence and command. A young man being masher has all the privilege of an old Spin gierai.
MAIRRANA
The word means bravery, militancy and courage to revenge his enemy. Ghairat and Mairrana are synonyms. The one not possessing Mairrana cannot protect his right in the tribe. Mairrana is the main element of Pashtunwali and the one known for Mairrana is greatly respected.
MIRAS
(inheritance) is the property of the dead one left to be distributed among legal heirs. Wife is not entitled to Miras, but is herself a part of it. She must be married to her brother -in-law, or to her husband’s Tarboor. Such a woman is called kunda (widow). There is proverb ‘kunda de qam da’ means the widow belongs to the tribe i. e. if there is no close heir, then Miras goes to the tribe’s masher. The eldest son is the first Miras-khor heir and then any younger son. If the elder and the younger sons dispute over inheritance, it can be a source of tribal enmity, continuing for a long time. Zadran give equal shares to son and nothing to widows and female heirs out of heir inherited property. In some Zadran tribes. The eldest son gets comparatively more share that his brothers. This is called Mashri. In case the deceased is not survived by male issues, then his brothers or closest male collaterals inherit his property including the burden and cars of the widow and unmarried daughters if any. In case the deceased is survived by minor son or sons, the widow becomes dependent on her brothers-in-law who may even take her in marriage in which case the minor son, on attaining age, is paid the marriage money. The nephews of the deceased will not e entitled to a share if their father had died prior to his brother (the present deceased)..
MIRATHA
Meratha is an extreme form of enmity where all of the male members of a family including minors are killed, but women are left unhurt. As a common rule though not frequently, even women are saved, Pathans being brutal in vindicating their enemies. The difference between Miratha and pagra is that in the former, women are not killed, but in the later, all including women are killed. The tawan for miratha is great.
MOR
Mor means mother. Mother is respected and is second only to the father in the family hierarchy. In common usage an elder woman having children is called MOR by all. An insult to any elder woman is considered as insult to one’s mother. A mother’s complaint against her son to the tribal elders is accepted as truthful and proved without any further investigation; for it is supposed that the love of MOR does not allow her to complain against her son without reason. Mother as a witness is not accepted in any event.
MRRINA
Mrrina is murder and bloodshed. Premeditated killing is Mrrina. In Narkh, Mrrina is a serious criminal act which brings por upon the porawarey (the criminal) and a Tawan is to be paid. The word is synonymous to marg which comes under the same code. Mrrina is paid for by Badal, but the relatives of the murdered one may grant pardon in case Nanawati is done.
MULLAH
A religious leader is called Mullah. He leads five times prayers and also namaz-i-Janaza including sermon at such occasions. Mullah accompanies Nanawati as a Spin patkay. When there is a hot quarrel between tribes, Mulayan put Quran on their heads and run to the field of fight to bring about a truce. Sometimes Mullayan take part in Maraka and Jirga not as member, but as ones praying for success. In loya jirga (enlarged jirgas) the Mullahs sit nearby. When verdict is announced, the maraka will call for the Mullahs to pray for the successful enforcement of it. Mullah also superintends the khairat (charity) offered at the conclusion of marakas.
MONKAR
Monkar is the one denying an act of offence. If one confesses tat he has committed the offence, the Tawan may be less than the Tawan for an offence denied and latter proved. The more persistent the denial, the greater the tawan. Witnesses in the case will be first examined in Maraka for Jirga; in case of insufficient witnesses the accused must take oath. In this case the accused is called unguilty.
MLATARR
Mlatarr means the one who cooperates. In common usage it means a body guard, any male member of the family who can use topak, a guard, a comrade-in-arms. An armed man under the command of an elder is also called Mlatarr. Lashkar is raised no the basis of Mlatarr.
MZAKA
Mzaka means land in general, but in particular it means agricultural plot of one man. Symbolically zmaka represents one’s ancestors. If someone sells his zmaka, then the others will say that Da plar nikah haduki-ye- khars meaning he sold his father and grand father’s bones which is pegor in Pashto. Witnesses are not accepted in disputes over zmaka; oaths are rather taken. Mzaka comes under namus, therefore the encroachment on someone’s zmaka means encroachment on his Namus.
NAGHA
Nagha is a fine levied on an offender. The limits of the fine are determined in Narkh. But if the offence is grave then narkhyan have the authority to determine how heavy the nagha shall be. For example the amount of nagha is known for cutting down forest trees and for thefts. The nagha for miratha, (killing all the male members of a family) is heavier. Not to pay nagha makes one liable for members of nagha. The nagha for murder or miratha can be abated through begging pardon, but the Zadran man will not do this for it is considered a disgrace for the whole tribe.
NAMUS
literally, namus means chastity but in common usage it means ‘woman’. Guarding the chastity of women is guarding namus. Wife, mother, sister and daughter forms the sequence in the order of namus. Even a new born girl, still in the cradle, is included in the namus. Disrespect for someone’s namus is a grave crime and cannot be pardoned at all. The oral insult to someone’s namus brings charges of nagha and sharam.
NAARINA
Narina refers to any male person or group of males. Narina is the one possessing all the good qualities of Pakhtunwali__the one is who is generous, courageous militant, hospitable and so on. When recalling the ancestry, one will say ‘pukhwani khalq tole naarina wo’ meaning that all the people of the past were naarina. This explains the meaning underling the word Naarina. When one of both sides to a dispute express dissatisfaction with ‘Maraka’ or Jirga decree or take light its proceedings, one of the maraka or jirga member replies ‘Da Naarna-o-Jirga da’ i. e. it is , Jirga of Naarina that is it may not be taken as joke and must be enforced.
OATH
A bulk of disputes are adjudicated upon Holy Quran in the tribal areas. In case of doubt of suspicion over a person involved in an offence, the accused is liable to be administered oath upon the Holy book to prove his innocence. In some cases, the accused, besides himself, is bound to produce a specific number of witnesses to swear on oath to absolve himself of the charge leveled against him. Zadran have a blind faith in Holy Quran because they know that the person showing readiness to swear does not at the risk of his Eeman’ (faith) and religion.
OWWA SARA PREKAWAL
One who denies the allegation of murder or usurpation of another’s rights has to take seven oaths. This act of taking seven oaths is called Owwa Sara prekawal. Only those who are blood relations of the accused are to take oath. In a dispute over the land the maraka will demand the accused to go through owwa Sara prekawal in which seven of his cousins or blood relatives will take part. Women do not take part in owwa Sara prekawal.
PANAH
To take someone in personal protection is called panah. Even if a notorious criminal or an outlaw asks for panah he will definitely be granted asylum and duly protected. It has happened many a times that a murderer after committing murder asked for panah from the family of the victim and they give him panah. During panah he enjoys equal rights and status but when he leaves their house, he can be killed in revenge and his family cannot claim for any penalty of reward under the custom of Badal (revenge). Different tribes are having different custom for giving panah
PARRAY PA GHARA ACHAWAL
This phrase literally means putting rope around the neck. When a person of a tribe commits a grave offence against another and fears revenge that may be taken by one to whom he owes por, then be begs Bakhana (pardon) by putting a rope around the neck, and presents himself in the form of Nanawati. Parray pa gharra achawal symbolizes the fact that the man is in the sole possession of the one whose pardon is begged. At times this act is complemented by taking fodder in the mouth which symbolizes that he is a beast and can be slaughtered at once. When ever some one gets that low, he is necessarily granted’ Bakhana’. But very rarely a tribal person can be found to act so low. This is why the custom has now receded almost totally.
PA QABAR KE SAMLASTAL
It means lying down in the grave. If a killer, taking advantage of the people’s unawareness jumps in to the grave dug for the killed and lies down there, the heirs and the relatives of the killed must grant Bakhana to the killer. This act is called pa qabar ke samlastal and connotes the same meaning as the act of da kat pkha newal i. e. holding the leg of the bedstead. Even in the case of intentional murder the killer tries to lie down in the grave to beg for Bakhana. The heirs and relatives of the murdered pay great attention not to let the murdered avail opportunity to lie down in the grave.
PARRUNAI
Palao, parronai and Tekray have one and the same meaning. All of these terms mean a shawl, which covers woman’s head and face. In common usage, it connotes the pardon begged by a woman. When a man begs pardon then it is said’ palao menz ke raghai’ meaning palao intervened. And pardon is granted.
In Zadran custom , and usage parronai is considered sacred and every body is duty bound to respect it under the Narkh. When a woman puts palao over someone pursued by his enemy, the pursuers will not shoot him. They will say “palao-e-pe-woghwarawa”, meaning she put palao over him’. If the opponenet shoots the man under palao he is liable to give nagha for disrespecting the palao. In ancient times, even the dacoits honouring parronai, used to avoid looting a carvan if there was any woman traveling with men. Even during a battle, if a woman protected someone, he was supposed to be forgiven. A woman begging pardon for someone will say” for the sake of my parronai pardon him” or ‘ pardon him for my parronai’,
Palao or ‘ Tekray’ is also a symbol of dignity. The parrunai of a wrandar (brother’s wife) is a unique term which means that protecting the dignity and honour of one’s brother’s wife is the responsibility of every brother. If during an informal meeting or during a formal Jirga, a woman asks to forgive someone, he is supposed to be forgiven or else it would be considered as dishonoring’ parronai’ and the offender will pay a fine fixed for this offence in some tribes. In the same way, if a woman guards someone under the “parronai” though most sinful or notorious criminal he may be, nobody will have the right to offended or kill him. If he is killed, the offender would have to pay to ‘parrunai (i. e. woman) or Qaum, a fine fixed for this purpose. A person protected by a considered as disgraceful under the usual pashtun ego.
PEGHOR
Peghor means sarcasm. It implies shame too. In tribal language to accept peghor is to negate manliness. Peghor is the lot of all those who breach the tribal customs and usagees. Also it is the lot of par’h (guilty). When someone comes under peghor, he may migrateto some other place. If he remains where he is under peghor, he may get into a big fight should some one remind him of peghor. Peghor goes down through inheritance from generation to generation, in some casees down to the tenth generation. Peghor engendering from cowadice brings great shame to the guilty.
PLARINA
The unit of Te tribe that has common ancestral father (khpa). Those of common plarina have duties to guard the honour of each other. In tribal relations the basis of the closeness of relativeness starts from palrina upto khel and Tabar. In plarina the transfer of inheritance has particular importance which is regulated by the rules of narkh.
When one having no son, brother or cousin dies, the inheritance left is distributed among the members of his plarina. The plarina of the one killed takes revenge and likewise may pardon a murderer.
POR
Its literal meaning is debt in customary and usagees. It closely expresses tawan. Whoever commits an offence is liable to and must pay the corresponding por. It is a saying “por de bado Barkha da” meaning por is the lot of the wrong doers which very well explains that whoever does a wrong, is liable to pay por. The proverb por pa warkrra khlasigi means ‘debt is paid by giving it’. Por has determined limits in tribal customary law and usage.
POZA PREKAWAL
Poza prekawal means cutting nose. Poza prekawal is categorized as spin parrar. The offender is liable to pay tawan for it. In Zadran Narkh the tawan for this crime is half that for murder. But the tawan for poza prekawal preceded by murder is equal to the tawan for murder. Poza prekawal is synonymous to Buchay and Munjay.
PREKRRA
Prekrra means settlement. When a maraka and jirga reaches a decision to the satisfaction of both the parties to a dispute, the settlement decree is called prekrra. Any breach of the prekrra has tawan which most often is to put his house on fire. The prekrra of greater importance is announced in the public for the information of all the members of the tribe. In offences of little consequence, the tawan for the non-acceptance of the prekrra is not to return the Baramphta.
PSA
Psa means sheep. In pashtun’s custom and usage psa warkawal i. e. giving a sheep and psa warwarral i. e. To take a sheep to someone, means to admit himself guilty before him and therefore to beg for pardon. It is the necessary stipulation of ‘Nanawati’ (pardon for the convict) to take psa along with them. Sheep are necessarily killed in maraka, jirga and immolation. When Nanawati or Jirga is mentioned, psa is invariably implied.
PESHEMAN (or khpeman)
The word means penitent and sorry for. The one penitent for the offence he has committed is called khpeman or psheman. Khpeman for the offence is granted Bakhana or alternatively meted out with a light penalty.
PURA PA PURA
‘pura pa pura’ means equality or balance. When in a dispute or enmity the rival parties lay equal claims against each other, the jirga charges them with equal penalties. For example, when equal numbers of the men are killed on both sides of the warring parties, the jirga will decide that both parties will give equal number of girls in Badal (i. e. exchange) to each other or the matter would be compromised on equal basis, that is, on the principle of pura pa pura. No penalty in other words is imposed on any of the two parties. When both sides are killed in duel it is pura pa pura. When both man and woman are killed in a duel it is pura pa pura.
SPIN PATKEY
Spin pat key is a title for the mullah (the Muslim priest). A sayed or influential spin gierey is also called spin pat key. Spin patkeyan and psa are important components of Nanawati. Spin patkeyan serve in dispute too. When dispute gets too hot and at peak, then spin patkeyan will take Quran over their heads and rush into the battle field to have it stopped. , and bring truce. In some places they will take katwai (cooking pots) over their heads instead of Quran. The latter custom seems to be very ancient.
PIN SARUNA
when reasons for a certain accusation are obscure, then nonaligned people are called to take an oath and reveal the truth. Such people are called spin saruna. The spin saruna shall truthfully reveal whatever they know about the case. Any one concealing the truth or refusing to take oath to reveal the truth is considered assistant of the accused and is sentenced as such. Women can act as spin saruna.
SHAMLA
Shamla is the upper end of the turban that stands erect over a Pathan’s head. Shamla connotes ghairat and mirrana. “Flankei the qaam Shamla da” meaning Mr. so & so is the honour of the Qaam. Flankai da Qaam shamla khkatta krra means that Mr. so and so lowered down the shamla of his Qaam. Shamla here means Namus, honour. Insulting Shamla is calling names to someone and the offender is liable to pay sharam. Da shamley khawand metaphorically means a noted, or a respectable person.
SHARAM
Sharam literally means shame. In tribal customs and usagees it is a payment made by par’h (i. e. guilty) to his opponent. Mostly sharam is given for moral offences such as insulting a woman, disgracing a maraka member or rejecting Nanawati or not honoring parrunai (women who begs pardon) etc. Money or psa is given in sharam. Sharam has no common standard in narkh; two or three spin giereys may determine it. One, who refuses to pay sharam, may be forced to pay nagha as well as sharam.
SHAMANA
This is a particular jirga convoked, usually by the offender or his representatives to seek a negotiated settlement of a quarrel or feud arising out of sharam relating to a woman. Compensation is agreed upon, sheep may be given, and a daughter may be offered in marriage and so on. Daughter in this sense is termed as swara. When a jirga recovers compensation of this sort from the person declared as guilty, it is said they have recoverd sharmana.
SUR-LASSAI
Sur-lassai means a murderer. Every sur-lassai is liable to pay a por. The por can be sealed through Nanawati. If sur-lassai escapes, every member of his family is porawarray and the heir of the murdered one may avenge any one of them. The validity time of granting refuge to a sur-lassai is for two years after which he shall leave; otherwise the granter of the refuge is considered an enemy by the opponents.
SYAL
Syal means rival and syali is rivalry. To have equal prestige with a Syal is very important in Zadran life and is an indication of zeal and pride. Tarbroona (tarbooran) are the syalan of each other. In syali every Syal tries not to remain behind his syal, both socially and economically. Neighbors are syals in hospitality. Syali means a feeling to be superior over his fellow-beings.
TARBOOR
One having share in a common inheritance is called Tarboor. Its plural is tarbooran. Relatives of the same khpa are called tarbooran. The cousin is also a Tarboor. Rivalry with Tarboor is a common character of the tribal Pathans but each one will help the other, when in enmity with someone from another plarina. The proverb goes badd Tarboor pa bada wraz pakaregi meaning that Tarboor even if enemy, helps in need.
TARLA
Tarla is the daughter of uncle. In a tribe society, every woman is the Tarla of every man of the same tribe. A man’s manliness can be proved when his Tarla accepts him..
TAWAN
literally tawan means loss, harm, and damage. In tribal customary law it is a payment for por. whoever commits an offence is liable to por for which he has to pay the tawan stipulated in the relative narkh. Por is a conviction and tawan is its compensation. Nagha and sharam are two types of tawan each one of which is meted out for a certain por according to narkh. In cases where tawan for a por is not stipulated in narkh, the Jirga has the authority to specify it. This stipulation of tawan is also called narkh. If it is not accepted by a party to a dispute, he is called kog (bent to one side’ not obedient).
THEFT
If the thief is caught red-handed or guilt proved upon him by way of enquiry, evidence etc, then the thief becomes liable to return the stolen articles (or equivalent to their price). Besides cash, penalty as fixed by the elder is to pay sparely.
The punishment for robbery, burglary, arson, cutting crops and damaging trees in a garden, is payment of compensation amounting to the value of the loss or damage, which is determined by a tribal jirga sworn to on oath by the person injured, in addition to fine which the jirga may consider proper under the circumstances.
TEEGA
This is a sort of truce which is enforced upon the combating parties for a specified period in order to dissociate them from fighting between them, holding in abeyance their mutual jealousies and to avoid a bigger combat between them. ‘Teega’ literally means a stone which is fixed at a certain place across which both the combating parties make pledges to have no concern with life or property of the opposite party till the time a permanent settlement is carved out. Teega, in other words, is a temporary truce in a feud arranged by a Zadran jirga or the jirga arranged by the government which is symbolized by the setting out of a Teega.
TEEGA MATAWUKAY
Teega matawunkay means ‘ the stone breaker’ but in tribal custom it means the one who breaches the provisions of Teega. Anyone not obeying the Teega decided upon by jirga among the warring tribes will be punished heavily. The starting punishment is to set his house on fire. Sometimes Teega Matawunkay may be punished by expulsion from the tribe. No party to a Teega even if temporary can breach it except upon a notice from the other side. Such Teega becomes ineffective upon the expiry of its validity times. The tribes that do no obey the provision of Teega are called Tige Matawunkay which is a bad repute.
TEKRAY AKHISTAL
Tekray akhistal means the taking away of shawl of a woman. Whoever takes away the shaal of a woman or an unmarried girl, takes the risk of enmity of her relatives and must pay tawan as sharam or do Nanawati. The taking away of the Tekray of a married woman is considered a great followed by enmity and even death.
TOIGH
Toigh or Togh means the expenses of maraka. It also means the act of contributing toward the living expenses of another one by the members of khel or plarina etc. The amount contributed is also called Toigh. All members of the plarina will share in Toigh. If only one person pays the expenses it is called Khairat. Both terms are most common amongst the Zadran tribe. In some cases the Jirga will take months to settle a certain dispute. During this time Toigh may result in great and unbearable expenses to both sides. The Marakacheyan who do not settle a dispute for a long time are called Toigh khwara (toigh eaters) which is bad name. The Marakacheyan therefore try to settle the dispute as quickly as they can.
TOL
Tol means weight and to weigh but in the Zadran judicial systems it means law. Tol and Narkh are synonyms, both meaning a custom, rewaj of customary law. Only the Narkhyan well acquainted with the tribal Narkh can sit in jirga. When the term Tol is used for necessarily have to belong to the nobility, but must know the Narkh and Tol.
TOPAK
Topak means rifle. In tribal custom, a Topak is sacred because they swear by Topak. Topak is usually given for baramptha. An insult to Topak means one liable to pay nagha. The first thing the father of a new born male child does is to bang a topak over his bed. This topak will be the revered one for the family. When a man engaged to a girl is away from home for a long time, the girl will be wedded to his topak and taken to the husband’s family where she will live until her husband returns. Such wedlock to a topak of Pakhtun women shows her extreme faithfulness to her husband during his absence.
TOR GHALL
The word literally means ‘ Black Thief. IF a person is proved guilty by way of inquiry or direct evidence even after administering of oath on the Holy Quran, he becomes known by the name of Tor Ghal. Such a culprit, if he apologies and turns penitent, is liable to pay por as well as sharam to the person aggrieved.
TOR SARE
Tor sare literally means ‘ black headed ‘ and refers to woman. In some tribes when Tor Sare is sent on Nanawati the accused is granted pardon necessarily, according to Narkh. Figuratively every woman can be called Tor sare. When a woman’s hair turns gray, she is called spin sare. No matter how great the offence, pardon is granted through Nanawati of a woman, but sending a woman on Nanawati is humiliating to the tribal pride.
TRA
Tra means uncle and Wrara means nephew. They are not friendly, for often Tra encroaches upon the rights of Wrara, particularly when it comes to dividing an inheritance. At times Tra will be at daggers drawn with his nephew for no cause of reason. The proverb “Khodai khabar Dai, Tra wal-e kafar Dai” meaning, God knows why uncle has become my enemy, well explains the relationships of Tra and Wrara. Figuratively every elder of the tribe is called Tra. After the death of the father, Tra is the executor of his estate, independently of the dead one’s will. Tra also has authority over the dead brother’s widows, and has some rights in the properties of his dead brother.
TRABGANEY
Trabganey is the cut-throat rivalry and enmity among members of the same plarina. Sometimes the area of Trabganey is enlarged to involve two or more in Trabganey. In some cases the causes of Trabganey between two tribes are not known as the Trabganey may have come down through generations by inheritance. In some cases the causes of Trabganey are even mythological.
TURA
The word means sword. Figuratively it means courage. Turzan is courageous. Possessing Tura means being courageous and warrior. Tura is sacred and disrespect for it makes one liable to pay nagha. One swears by Tura. If someone is engaged to a girl and is away from home his family can get the girl married to a Tura as with Topak. After the ceremony of such marriage the family of her husband takes the girl along. She lives there until her husband returns. When a courageous act for guarding the grace of the tribe is done, it is said that Tura-i- wakrra i. e. he did Tura. The cover of Tura is called Teki. The meaning of a common Pashto proverb is “Don’t take tura of its teki’but once you do, it must be reddened”.
WADHA
‘ Wadha ‘ means marriage. Each and every male and female member of the society has the rights to marry only under the rules set up by the tribe. A man can marry any adult girl but if she is already engaged to someone else, the question of engagement does not arise as it is considered a serious assault against namus. If this is done without the prior knowledge about the girl’s engagement then the man has to divorce the girl and give another girl to the Tarboor (cousins and distant cousins) of the man engaged to the said girl. Forced marriage with the widow of a family member, mostly to younger brother is legitimate under “Narkh”. If a man is outside his tribe and no one knows about his whereabouts, his parents or relatives have the right to bring the girl by force to their home. However majority of the tribes resist this attempt even to the risk of stark animosity as she is considered to be their property with no interference from without. A custom also prevails that an engaged girl whose expected husband is far away or his whereabouts unknown, may be wedded to his Topak or Tora and may be taken to the house of her husband’s relatives.
WAAK
Waak is the opinion given by rival parties to maraka or Jirga to settle a dispute. When someone gives his Waak to a Maraka or Jirga, it is called Da Waak Maraka or Da Wak Jirga. The sentence of the Waak Maraka or Waak Jirga is irrevocable and all parties have to obey it. Waak is given by both sides of the case under hearing. When someone is persuaded against his own will, it is said (wak-ye-pradai Dai) i. e. his will belongs to someone else.
WAKHA PA KHWLA KE NEWAL
The maxim means putting fodder in one’s mouth, i. e. To beg forgiveness. This is a customary ceremony that a defeated one will perform in presenting himself to the victor. When a tribe is defeated in a fight its elders take fodder in their mouth and present themselves to the elders of the victor tribe. To really carry out such a ceremony is very humiliating. Hence seldom seen. In the early stages of tribal life a weaker tribe used to perform such a ceremony to save themselves from the attack of the stronger tribe. History has recorded many cases of the rebellious being presented to the king with fodder in his mouth. The peghor of such a ceremony hoes down to the generations of a tribe whose forefathers performed the humiliating act of taking fodder in their mouth.
WALJA
Walja means booty. It is not contrary to the custom to take booty from the enemy. However, taking booty from one’s enemy in the same tribe is contrary to the regional narkh. If one steals the belongings of a passer-by, it is not Walja. Taking undue Walja has tawan in narkh.
WESH
Wesh means distribution. According to this law, land is redistributed among the tribe members once in every ten years. This ten years cyclic distribution of land is called Wesh.
Wesh is very old custom, coming into existence when nomadic life gave way to settled agricultural life. We know from history that the ancient nomads fostered the Wesh system from the very beginning upto the dawn of state institute.
WISA
Wisa means trust. Those who participate in marakas and jirgas are given Wisa on behalf of their tribes who would then be trusted accordingly. This term is used frequently in the “Waak maraka”. For example, both sides of the case will be asked whether they have Wisa of their own and whether they have Wisa in maraka. When they answer to both in the affirmative, then maraka is convened.
The one who loses Wisa may have hard time to live among his tribe.
WRAKA
Wraka means things stolen or lost. All the village people assist one in finding his Wraka. With the permission of the village elders, the Wraka may be looked for in the house of any one suspected for stealing. However, if Wraka is not found there, the one looking out for his Wraka, must pay sharam to the house owner. If the Wraka is found in the complainant’s own house, then he has to pay sharam to Jirga along with the Tawan to the person unduly suspected. IF the suspicion was deliberate to ashamed someone, then the tawan is very heavy and a Nanawati has also to be sent to jirga apart from paying sharmana.
ZAIRAY
Zairay means good news or bringing good news. The one seeing the moon on the first night of the month of Eid, will call upon the village people and give Zairay to them. In return, every one of the village people shall give him small cash or sweats. The word as such also denotes some inaam given in lieu of bringing good news which may be in cash or kind. In tribal life, the Zairay of a new-born baby or his mother and sisters etc with words as, Zairay me darbande i. e. i have brought a good news to you. And the one receiving such a news, is bound to give him inaam.
ZAKHMANA
This is the amount received by the Jirga from the offender as a result of bodily hurt caused to the complainant and paid to him as compensation.
ZAMINGARI
When provisional Teega is affected, one or more families from each side give each other a pledge-bond. Those giving the pledge -bond are called zamingary who then superintend and implement the Teega (truce). Any one harming zamingary is liable to pay tawan. Any side accusing the zamingary of prejudice has to prove it.
ZIARAT
Ziarat is the graveyard of a tribe’s ancestors. Also it is a holy grave that has the miracle power to enable one achieve what he wishes in case he appeals to the grave spirit. Ziarat is a holy place and hence the jirgas and marakas are convened there around.
The Zadran is a tribe within the Pashtun ethnic group, originating in the "Dzadran arc" districts of Paktia in Afghanistan...