Taliban's Swat Justice

"If the government enforces Shari`ah here, we will have no difference with them," Khan, a Taliban spokesman, told IOL

"We do not recognize the British justice system," Muslim Khan, a spokesperson for the Tehrik-e-Taliban Swat (TTS) of Maulana Fazlullah, commonly known as Maulana Radio, told IslamOnline.net by telephone.

"We have nothing to do with that."

The TTS, which controls almost 75 percent of this sprawling tourist valley, set up Shari`ah courts in different parts of Swat to provide speedy justice to the locals.

Reports trickling from Mutta, Kabal, Chaharbagh and other violence-hacked parts of Swat suggest that over 70 Taliban courts are functioning in respective areas.

The courts are housed inside Hujras (guest houses) of local people or in buildings vacated by residents who fled because of the fierce fighting between Taliban and government forces.

The fighting has forced hundreds of thousands of people, including women and children, to flee to safer places.

"If the government enforces Shari`ah here, we will have no difference with them," said the TTS spokesman.

Almost all MPs elected from Swat, whether from the ruling Pakistan People's Party (PPP) or the ANP had asked the government to enforce Shari`ah as requested by the local population.

According to government sources, the summary of a proposed act has been sent to President Asif Zardari weeks ago for approval but he has not made a decision yet, possibly fearing US opposition.

Swat was an independent state governed under Shari`ah until 1970 when then military ruler General Yahya Khan scrapped its independent identity.

Locals say they used to settle their issues under Shari`ah, insisting that the enforcement of British laws complicated the situation.

The local population has been demanding the re-enforcement of Shari`ah for the past 38 years.

Swift Justice

Taliban has issued strict warnings to lawyers not to act as "representatives of British law," otherwise they would be killed.

"I and my various colleagues have communicated to the Taliban that we are no more appearing in the courts," Mohammed Hussein Khan, a local lawyer, told IOL.

A civil judge of Swat said he will resign his post if he is not transferred to some other area.

"The government forces cannot provide protection to us. It’s writ has been completely vanished," he told IOL on condition of anonymity.

"The security forces cannot protect even their own soldiers, how will they protect us."

Taliban militants released on Wednesday, Feb 4, 30 security personnel after they promised they would not fight against them in the future.

Taliban said its courts are meant to give people the speedy justice their want.

"This is what the local people want. They support Shari`ah courts because they are providing speedy and easy justice to them," said Khan, the TTS spokesman.

"We do not recognize the British justice system. We have nothing to do with that. If the government enforces Shari`ah here, we will have no difference with them."

Many of the locals say they are getting what they exactly want.

"It does not matter who has set up these courts. We are just interested in the dispensation of justice, law and order in our area," said Sher Ali, 34.

Ali is one of several local residents who have got "justice" through a Taliban court.

"I had had a long property dispute with my neighbors. Our case was being heard in local courts for the past six years, but the judge could not decide about that," he said.

"I moved to the Shari`ah court, and just within two days, the matter was resolved in my favor."

Khan, the local lawyer, agrees.

"Regardless of the fact that these courts are illegal and unconstitutional, many people prefer them because of their quick decisions," he said.

"You will be surprised to know that one of my colleagues too lodged a complaint regarding a monetary dispute with a Taliban court, which decided the case on the spot."