Sawāra Marriages and Related Legal Issues

Abstract

Vanī or Sawāra is a custom in which girls are given and taken in lieu of blood in the case of murder. This practice is prevalent in many parts of Pakistan. According to this custom a girl, who in most cases is a minor, from the murderer’s family is given in marriage to a man from the victim’s family to settle the dispute. This paper argues that sawāra marriages are un-Islamic and against the welfare of the child. The paper aims to discuss the concept and the rules regarding sawāra marriages in Islamic law as well as in Pakistani law. The issues of validity of a child marriage, the role of guardian and the importance of consent of the girl are discussed. Important cases are discussed to consider the approach of Pakistani courts in deciding issues regarding such marriages. The article deals with the Sunnī view due to it being the law that the majority of Pakistani Muslims follow. Four Sunnī schools namely the Hanafīs, Mālikīs, Shāf‘īs and Hanbalīs are discussed.