lutz rzehak: doing pashto

Lutz Rzehak

Doing PashtoPashtunwali as the ideal of honourable behaviour and tribal lifeamong the Pashtuns

1 EXECUTIVE SUMMARY

Various value systems are competing with eachother in Afghanistan today. Our understanding ofthe Pashtuns, of their culture and traditional valuesis often overshadowed by the Taleban and theirfundamentalist interpretation of Islam. This paperbrings back into discussion a system of values andrules of behaviour which, for a rather long timebefore the rise of the Taleban, had been heldsacred by virtue of tradition and which, by virtue ofits imperative character, had been intended todetermine the behaviour of the individual and ofsocial groups in both everyday life as well as inexceptional situations.

In Pashto language, most of these values and rulesof behaviour are summarised under the word�‘Pashtunwali�’ which can be understood as 'the wayof the Pashtuns'. Pashtunwali presents an ethnicself portrait of the Pashtuns according to whichthe Pashtuns are distinct from other ethnic groupsnot only due to their language, history and culture,but also due to their behaviour. Since, according tothis concept, Pashtuns are trusted and expected toact honourably, we can qualify Pashtunwali as acode of honour. 'Doing Pashto' means to acthonourably and to be guided by the values ofPashtunwali.

Among the Pashtun tribes, these values and rulesof behaviour have been transmitted orally forcenturies, but as late as the 1950s, some Afghanmen of letters became more and more interestedin Pashtunwali when searching for the guiding

principles for a modern Afghan nation. Later on,Afghan scholars started to study Pashtunwali froma folkloric point of view. Thus, written accounts ofPashtunwali appeared, offering a view from insidethe culture of the Pashtuns. Some of these arewritten in a didactic style and many reveal thephilosophy behind particular values and rules. Theperspective of these accounts is featured in thispaper wherein Pashtunwali is described as theideal of honourable behaviour and tribal lifeamong the Pashtuns. Ideals never come up toreality, of course, but they serve as importantguiding principles for behaviour.

The tribal spirit of the Pashtuns is explained here inthe framework of a social organisation, whichfollows the principle of patrilineal descent and inwhich groups of different size (tribes, sub tribes,clans, and lineages) can be distinguisheddepending on the genealogical depth taken intoaccount. Although the majority of the Pashtunsadopted a settled lifestyle centuries ago, the tribalspirit and other aspects of Pashtunwali can betraced to their nomadic background. Since theAfghan state originally emerged from a Pashtuntribal confederacy, Pashtun tribes were favouredwith much autonomy and other privileges withinAfghan society. This, in particular, explains thepersistence of the tribal spirit and tribal customsamong the Pashtuns.

The rules of conduct of Pashtunwali follow thedichotomy of honour and shame. Behaviour,consequently, is guided by the question as to howit is evaluated in the eyes of others according to

2 Lutz Rzehak: Doing Pashto

the common understanding of honour and shame.The following values and rules of behaviour will bediscussed in this paper:

Honour of the individual and honour ofgroups

Fighting spirit and bravery Equality and respect for seniors Consultation and decision making Willpower and sincerity Compensation and retaliation Generosity and hospitality Pride and zeal

A person who embodies almost all of the valuesand rules of behaviour of Pashtunwali and wholeaves no doubt that he does his utmost to abideby them, is respectfully called ghairatman. Herepresents the ideal Pashtun.

Being an ideal of the tribal way of life, Pashtunwalialso includes a system of customary legal norms(narkh) which is closely related to the code ofhonour. Since self governance was one of theprivileges which Pashtun tribes were traditionallygranted in the state system of Afghanistan,customary legal norms were applied even to topicsaddressed by secular law. In remote rural areas,some customary legal norms remain importanttoday and at times even Taleban leaders advise themembers of their movement that they shouldsolve disputes among the local population byapplying tribal mechanisms of conflict resolution.

Whenever a commonly recognised norm is broken,the threatened group feels responsibility for takingmeasures against the norm breaker in order to reestablish the previous balance and to retrieve theirhonour. Crimes which offend the wholecommunity are differentiated from crimes whichoffend only a particular group of persons like alineage or clan. Various habits and customs allowfor avoiding a blood feud cycle and resolving aconflict peacefully. These mechanisms are basedon the ideology of patrilineal descent, the tribalspirit and the code of honour as expressed inPashtunwali. The customary legal system can varyin some details from tribe to tribe and from regionto region. Variation mainly concerns thecomputation of the amount of blood money to bepaid rather than the mechanism of conflictresolution.

It is important to stress that the society ofAfghanistan, including Pashtun society, was subjectto fundamental change in almost every respectduring the last decades. As a result, today theideals of Pashtunwali compete with other valuesystems that gained influence during that time.

The question how important Pashtunwali still is inmodern Afghanistan cannot be answered in ageneral way. The transformation of formal andorganisational aspects of the tribal life (principlesof decision making, role of elders, art of warfare,inner coherence of tribal units and others) is moreobvious than changes within the system of values.An evaluation of the present day importance ofPashtunwali as a system of values requiresqualitative case studies in various parts ofAfghanistan that cannot be presented within thispaper. It depends on every particular situation bywhich values the behaviour of individuals or groupsis guided, but there is no doubt that among thecompeting value systems the ideals of Pashtunwalistill continue to present an attractive andsometimes binding option today.

2 INTRODUCTION

In modern Afghanistan, the culture and way of lifeof the Pashtuns are usually viewed through theprism of the quite idiosyncratic interpretation ofIslam presented by the Taleban. This perspectivehinders the recognition of certain cultural valuesand rules of behaviour, which had beendetermining the way of life of many Pashtuns for along time before the rise of the Taleban as amilitary and political movement, and which remainof considerable influence today.

In the Pashto language, most of these values andrules of behaviour are often summarised under theword Pashtunwali (pa htunwali1, alsopa htunw l i or pa htungalwi). This word consistsof the noun pa htun 'Pashtun' and the suffix wali,respectively w l i or galwi. In Pashto, thesesuffixes generate nouns with an abstract meaning.Hence, the word Pashtunwali (or its variants) canbe translated literally as 'Pashtunness' or in a freertranslation as 'the way of the Pashtuns'.Pashtunwali signifies a concept which can beinterpreted as an ethnic self portrait of thePashtuns.2 It includes all traditions by which the

1 For Pashto words, a simplified system of Romanisationis used in this paper. Most characters and pairs ofcharacters (sh, zh, ch, kh, ai, au) can be pronouncedalmost like in English. Following the Romanisation tablesof the Library of Congress retroflex sounds are markedby a dot under a character. A macron over a ( ) showsthat amust be pronounced as a long vowel. Thecharacter stands for a mid central vowel sound (schwa)which is pronounced like a in English 'separate' (sep r t).The combination gh should be pronounced as guttural 'r'(sometimes known as French 'r').2 See Bernt Glatzer, 'Zum Pashtunwali als ethnischemSelbstportrait', in Günter Best and Reinhart Kößler (eds):

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Pashtuns, according to their understanding,distinguish themselves from other ethnic groups.Like many other concepts which are aimed atshaping ethnic identity, Pashtunwali describes anideal, in this case, the ideal of the way of life of thePashtuns. This ideal includes the tribal spirit of thePashtuns, a sophisticated code of honour, moraland ethical rules of behaviour, the demand formartial bravery, reasonable actions andconsultation, a system of customary legal normsand not least, faith in Islam.3

The concept of Pashtunwali is an ethno centricconcept because it is based on the idea that thePashtuns are distinct from other ethnic groups notonly due to their language, culture and history, butdue to their behaviour as well. The ideal of the wayof life of the Pashtuns is sometimes confused withan ethnic stereotype, but neither the ideal nor thestereotype necessarily corresponds to actualbehaviour. Furthermore, similar values, norms,customs and habits can be found among otherethnic groups in Afghanistan and Pakistan.4 But thePashtuns have evolved these values, norms,customs and habits into a strong set of rules to ahigher degree than most other ethnic groups ofthat region.5 For the Pashtuns, these rules definewhat constitutes honourable behaviour and theyinclude various sanctions for those who are inviolation of these rules. The idea that Pashtuns are

Subjekte und Systeme: Soziologische undanthropologische Annäherungen. Festschrift für ChristianSigrist zum 65. Geburtstag (Frankfurt: IKO Verlag 2000).3 The word pa htunw li does not belong to the activevocabulary in all Pashto speaking regions. It seems that itis more frequently used in the south eastern parts ofAfghanistan (Khost and neighbouring provinces) than inthe southern and western parts. However, this is rathera question of linguistic behaviour and does not meanthat the ideals and values for which the wordPashtunwali can stand would not be valid in thoseregions where the word is less or not used in activespeech. The expression pa hto kaw l, 'doing Pashto,' inthe meaning of following the ideal of honourablebehaviour and tribal life is common to almost all Pashtospeakers.4 The difference is rather in the degree of rigour withwhich these ideals and values are pursued. For commonvalues see, for example, the remarks on seclusion anddignity (p t au izzat), reputation and honour (nang aughairat), loyalty and promise (waf au zhm na), shameand modesty (sharm au hay ) and others in the chapter'Afghan habits' (afgh ni khuyuna) in Aurangzeb Irsh d,Afgh nist n pezhand na [' A country study ofAfghanistan'] (Pe hawur, D nish khparanduya ol na1386 h. sh. = 2006) p. 327 333.5 Some causes of this development will be discussed inchapter 2.

trusted and expected to act honourably thereforequalifies Pashtunwali as a code of honour.

When British officers and colonial servants tooknotice of the norms and values of Pashtunwali inthe nineteenth century, they were interestedabove all in administrative and military questionsand their main focus was on customary law andblood revenge.6 In the second half of the twentiethcentury, the norms and values of Pashtunwaliengaged the attention of western anthropologistswho analysed it in a wider perspective, bringinginto focus moral and ethical values and rules ofbehaviour as well.7 In recent publications,Pashtunwali is usually seen in the context of thecurrent war.8

Within Pashtun society, the values, norms andrules of Pashtunwali have been transmitted orallyfor centuries, although as early as the seventeenthcentury, the Pashtun poet Khushh l Kh n Kha ak(1613 1689) wrote a book in Pashto prose that canbe seen as the first attempt to define rules ofbehaviour for the Pashtuns. The word Pashtunwali,however, was not used in the text. The name of

6 For example, Mountstuart Elphinstone, an officer ofthe East India Company who made an official mission tothe Durrani winter residence in Peshawar in 1809,describes Pashtunwali in his report as a "rude system ofcustomary law". See Mountstuart Elphinstone, AnAccount of the Kingdom of Caubul, 2 volumes (Karachi,Indus Publications 1992) p. 220.7 See Alfred Janata and Reihanodin Hassas, 'Ghairatman�– Der gute Paschtune', Afghanistan Journal (1975) 3:8396, Charles Kie er, 'Über das Volk der Pa�štunen und seinPa�štunwali', Pa�što Quarterly (1360/1981) 1:63 76, Jon W.Anderson, Doing Pakhtu: Social Organization of theGhilzai Pakhtun (Chapel Hill: University of North Carolina1979), Charles Lindholm, Generosity and Jealousy �– TheSwat Pukhtun of Northern Pakistan (New York, ColumbiaUniv. Pr. 1982), Willy Steul, Paschtunwali: einEhrenkodex und seine rechtliche Relevanz (Wiesbaden,Franz Steiner Verlag 1981), Bernt Glatzer, 'ZumPashtunwali als ethnischem Selbstportrait'.8 See, for example, Major Richard Tod Strickland, 'Theway of the Pashtun: Pashtunwali', Canadian ArmyJournal (2007) 3:44 55, John H. Cathell, Humangeography in the Afghanistan Pakistan region:Undermining the Taleban using traditional Pashtunsocial structures (Newport, R. I.: Naval War College 2009)http://www.dtic.mil/cgibin/GetTRDoc?AD=ADA502894&Location=U2&doc=GetTRDoc.pdf (referred to on 9 March 2011), Craig CordellNaumann, John F. Richards Fellow, The Pashtunwali'sRelevance as a Tool for Solving the 'Afghan Crisis' (Editedand updated excerpt of the Research Report submittedto the American Institute of Afghanistan Studies (2008),http://www.educationinafghanistan.com/The_Pashtunwalis_Relevance_as_a_Tool_for_Solving_the_Afghan_Crisis_September_2009.pdf (referred to on 8 March 2011).

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http://www.dtic.mil/cgi-bin/GetTRDoc?AD=ADA502894&Location=U2&doc=GetTRDoc.pdf



http://www.educationinafghanistan.com/The_Pashtunwalis_Relevance_as_a_Tool_for_Solving_the_Afghan_Crisis_September_2009.pdf




the book is Dast rn ma ('Book of the turban') andKhushh l Kh n Kha ak describes twenty abili es(hunaruna) and twenty virtues (khislatuna) which aPashtun man must own to become worthy to weara turban. Some of these values, such as selfknowledge (d dz n ma rifat), bravery (shuj at),consultation (mashwarat), modesty (sharm, hay ),honesty (r sti), respect for the elders (d malikintiz m), ambitiousness (himmat), pride andhonour (ghairat), are close to the values ofPashtunwali in the sense described earlier. Butsome other abilities, like falconry and hunting( hik r), chess (nard d shatranj), poetry (she r),music (musiqi) or painting (taswir d naqq sh), areaddressed to the nobility first of all. Thus, this bookstands rather in the tradition of classical Islamictexts in the genre of 'Mirrors for princes' likeQ busn ma ('Book of Q bus') by Kai K us,Siy satn ma ('Book of Government') by Niz m alMulk, or Nasihat al muluk ('Counsel to Princes') byal Ghaz li.9

In modern time, the first written accounts onPashtunwali appeared in Afghanistan in the1950s.10 Their authors were men of letters whofollowed theWe h Zalmiy nmovement and othergroups of the intellectual enlightenment. Theyappealed to the history and traditions of thePashtuns when advocating for national awakeningand social justice.11 In their publications, they

9 The Pashto text of the Dast rn ma by Khushh l Kh nKha ak was published several times (K bul, Pashtool na 1345/1966, Peshawar, Pashto Academy of theUniversity of Peshawar 1991). Quite recently an Englishtranslation was published; see Arif Naseem (transl.,commentary), Dastar nama of Khushhal Khan Khattak(Peshawar, Pashto Academy of the University ofPeshawar 2007). For a description of the book see V. V.Kushev, Afganskaya rukopisnaya kniga ['Afghanhandwritten books'] (Moskva, Nauka 1980) p. 56 f. andManfred Lorenz, 'Der afghanische Dichter Chushh lCh n Chattak über das Schachspiel', in Adéla K ikavová,Lud k H ebí ek (eds.), Ex Oriente. Collected Papers inHonour of Ji í Be ka (Prague, Oriental Institute of theCzech Academy of Sciences 1995) p. 101 ff.10 See Qiy muddin Kh dim, Pa htunwali (K bul,1331/1952), Qiy muddin Kh dim, 'Pa htunwali �–tarbiyawi usul' ['Pashtunwali �– educational principles'],K bul (1331/1953) 25 32, Abdullah Bakht ni, Pa htanikhuyuna ['Pashtun qualities'] (K bul 1334/1955),[Gulp ch Ulfat (ed.),] Pa htani doduna ['Pashtun habitsand customs'] (K bul: D pa hto ol na 1336/1957).11 We h Zalmiy n ('Awakened Youths') appeared as arather informal movement in 1947 under the leadershipof Muhammad Rasul Kh n Pa htun. Most members weremen of letters and intellectuals like Abdurrauf Benaw ,Gulp ch Ulfat, Abdullah Bakht ni, Qiy muddin Kh dimand Nur Muhammad Taraki. From 1951 publications onthe political agenda of this movement appeared in the

confidently proffered the rules and values ofPashtunwali as educational principles for a modernAfghan nation. During the following decades, asAfghan scholars became increasingly moreinterested in the study of local folklore andtraditions, more publications on Pashtunwali andrelated subjects emerged.12 Most of thesepublications were written in the descriptive style offolkloric and anthropological accounts rather thanas analytical studies. On these grounds, one cansay that these publications offer the perspective ofpersons within the culture and that Pashtunwali isdescribed in terms which are meaningful to thosewho are doing Pashto (in the meaning ofPashtunwali).

newspaper Angar which was published in Kabul twice aweek, but no clear program existed at the beginning. Themain ideal of the movement was patriotism. Education,enlightenment, national unity and the participation ofthe people in political affairs were seen as the main waysto lead the people of Afghanistan out of the 'darkness ofignorance', to give the women their legal rights, toenable the people to become the pillar of a sovereignnational government and to develop the economy. Latersome members of this movement stood up for aconstitutional monarchy system with political rights likefreedom of speech, freedom of the press and freedom ofpolitical organisations. For details see V. G. Korgun,Intelligenicya v politicheskoy zhizni Afganistana['Intelligentsia in the political life of Afghanistan'](Moskva, Nauka 1983) p. 52 ff.12 See among others Qudratullah Hid d, 'D pa htunkahol' ['The family of the Pashtuns'], K bul (1340/1961)46 51, Bismillah Haqmal, 'Ijtim i mas yil au d ta iyowul si narkh' ['Social questions and the customary legalsystem of the Tani'], K bul (1360/1981) 58 68, Qa lXo hy ni, 'Jirga au pa hto adab' ['Jirga and Pashtunculture'], Jirga (no date)1/4, 25 28, M. Ibr him At yi, Dpa htani qabilo is l hi q m s ['Dictionary of Pashtuntribal terminology'] (K bul, D pa hto ce no na iw lmarkaz 1357/1978), Muhammad Aziz K ka , 'DAfgh nist n d khatidzo au markazi barkho d kuchiy noijtim i h lat' ['The social situation of the nomads of thewestern and central parts of Afghanistan'], K bul(1340/1961) 53 58, Iliy s Waziri, 'D wazirist n dbarmali d khalko ul s narkhuna' ['The customary legalsystem of the people of Barmal in Waziristan'], K bul(1361/1982) 52 61, Ho y lai, 'D apridiyo nangiy laiqaum' ['The brave tribe of the Afridi'], Jirga (no date)1/5, 42 47, Muhammad Akbar Mu tamad (ed.),Nangiy lai pa htun ['The honourable Pashtun'] (K bul,Daulati matba a 1345/1966), Jal t X n Hikmati (ed.), Dpa htano ol niz iq s di ju ht d saur t r inqil ba['The social and economical structure of the Pashtuntribes up to the Saur revolution'] (K bul, D pa htoce no bainulmilali markaz 1362/1983), Nur MuhammadT bish (ed.), Pa ht n kuchiy n ['Pashtun nomads'](K bul, D pa hto ce no bainulmilali markaz1360/1981).



This paper concentrates on this perspective. It islargely based on written accounts not only becausein other publications on Pashtunwali, suchaccounts have scarcely been taken intoconsideration, but also because Pashtunwali isusually presented as a phenomenon that isexclusively subject to oral tradition. The value ofthese written accounts lies in the fact that many ofthem have a didactic interest and due to theirform, present the ideals of Pashtunwali in a muchmore complex way than is usually the case in oralnarratives. In some studies, Pashtunwali ispresented as a collection of quantifiable tenets orrules of behaviour.13 It goes without saying thatPashtunwali is rather a question of the quality ofbehavior than of the quantity of particular values.The native accounts examined for this paper revealthe philosophy which stands behind particularvalues and rules of behaviour and conflates themsystematically into an entire world view. The focusof this paper moreover is not only on keywordsand their meaning, but also on the lines ofargument used by Afghan authors in order todemonstrate the cultural values and rules ofbehaviour by which the Pashtuns distinguishthemselves from other ethnic groups. Hence,Pashtunwali is mainly described here as an ideal;from time to time, however, the emphasis on theview from within Pashtun culture will broaden toincorporate the observations of the author of thispaper, based on his field studies in various parts ofAfghanistan over the last two decades.14 To begin,and to enable a better and broader understandingof the matter, some historical remarks arenecessary.

13 Cf. 'Depending on one's perspective andinterpretation, Pashtunwali is made up of between threeand six basic tenets, which in turn develop into a fairlycomplex interplay guiding the actions and normativebehaviours of the code.' (Major Richard Tod Strickland,'The way of the Pashtun: Pashtunwali', p. 47). See also:'Pashtunwali also encompasses four personal corevalues: honor, revenge, freedom, and chivalry.' (John H.Cathell, Human geography in the Afghanistan Pakistanregion, 9).14 I started linguistic and anthropological fieldwork inAfghanistan in 1988 as a visiting postgraduate student atKabul University. In the mid 1990ies I carried outfieldwork in the Northern provinces of Balkh, Sar i Puland Juzjan; between 2002 and 2006 I made severalresearch trips to the southwestern parts of Afghanistanbetween Herat and Kandahar with longer stays inNimroz province. In 2008 and 2010 I worked again inNorthern Afghanistan (Balkh and Takhar provinces).

3 THE NOMADIC BACKGROUNDOF THE PASHTUNS AND ITSSIGNIFICANCE FOR PASHTUNWALI

The emergence and the vitality of the norms andvalues of Pashtunwali are deeply rooted in thesocial history of the Pashtuns. Cultures of honourare typically identified with nomadic peoples whohave no recourse to law enforcement orgovernment when they traverse geographicallyremote areas in search of pastures, carry theirmost valuable property with them, risk having itstolen, etc.15 There are still some Pashtun nomadicherdsmen today, but the majority of Pashtunsadopted a settled lifestyle centuries ago.16 Today,most Pashtuns live in rural areas and are engagedin agriculture. In nomadic societies, the privateownership of pastureland is unknown although aparticular group by tradition may lay claims to aparticular pasture in a particular season of theyear. But a claim to something is not identical withthe ownership/possession of something and theseclaims were held not by individuals but by groups.Many Pashtun groups retained this practice withregard to farmland for a very long time after theyhad settled down and begun farming. At thebeginning, the farmland usually belonged to thewhole community. No particular household had anindividual claim to a particular parcel of land;instead, the parcels of land were regularlyredistributed among all households belonging tothat community. Originally, the parcels wereredistributed by lot and redistribution took place

15 The correlation of cultures of honour and a particularway of life is much more complex in fact. The code ofhonour of the Pashtuns shows many similarities withcodes of honour in the Mediterranean, the Caucasus,Central Asia, the Middle East, East Africa and in thePhilippines, but a clear interrelationship of honourcultures and a nomadic way of life (in the past or atpresent) is not in all cases evident. For a criticaldiscussion see Mark Moritz, 'A Critical Examination ofHonor Cultures and Herding Societies in Africa', AfricanStudies Review (2008) 2:99 117 and Todd K. Shackelford,'An Evolutionary Psychological Perspective on Cultures ofHonor', Evolutionary Psychology (2005) 3:381 391.16 A detailed account of the settlement process waspresented from a Marxist perspective by the Russianscholar I. M. Reysner who based his analysis on localchronicles, European travel reports and many othersources. According to his study, the first wave ofsettlement started among Pashtun nomadic tribesbetween the fourteenth and seventeenth centuries. SeeI. M. Reysner, Razvitie feodalizma i obrazovaniegosudarstva u afgancev ['The development of feudalismand the emergence of the state among the Afghans'](Moskva, Izdatel stvo Akademii nauk SSSR 1954) p. 47 ff.

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every year. In Pashto, this custom is called wesh'redistribution [of land]'. The parcels could beallocated to a household according to the numberof its members (khula wesh 'redistribution amongeaters'), according to the military strength of ahousehold (ml t wesh 'redistribution amongfighters'), or according to genealogical links (dshajare wesh 'genealogical redistribution').17 Inmany Pashtun villages, the custom of wesh wasmaintained up until the nineteenth century, insingular cases, like among the Shinw ri andMomand Pashtuns of the Nangarh r and Kunaprovinces, up un l the middle of the twen ethcentury. In the district of hor wak in the SouthernKandahar province, the Ba ec Pashtuns continuedpractising the wesh custom into the 1980s.18

Group property of a similar kind continued to existwith regard to pastures, threshing floors, orwoodlands.19 A long term consequence of thewesh tradition can be seen in the fact that in manyrural places of Afghanistan, the private ownershipof land is still subject to strong restrictions. Landcan be the property of a person or of a household,it can be rented to other persons, but it cannot besold to just anyone. Often this is possible forrecognised members of a particular communityonly. In many places, it is unimaginable and,therefore, de facto almost impossible to sell landto a person who does not belong to the communitywhich traditionally has held rights to it. Theacquisition of land is limited almost entirely toinheritance and residence rights which aretransmitted through patrilineal descent.20 Groupinterests are higher than individual interests.

Furthermore, it must be remembered that theAfghan state originally emerged from a Pashtuntribal confederacy. When Ahmad Shah Durr ni wasenthroned as the first king of Afghanistan in 1747,he had been chosen by a group of Pashtun and

17 See for details I. M. Reysner, Razvitie feodalizma, p.104 ff., Hikmati (ed.), D pa htano ol niz iq s diju ht, p. 24 ff.18 See Hikmati (ed.), D pa htano ol niz iq s di ju ht,p. 30 ff., M. G. Aslanov and V. I. Kochnev, 'Pushtuny'['The Pashtuns'], Narody Yuzhnoy Azii (Moskva 1963) p.747.19 For examples relating to the Khost province see WillySteul, Paschtunwali, p. 23.20 For the situation among the Ghilzai Pashtuns ineastern Afghanistan between Kabul and Kandahar in the1970s see Jon W. Anderson, Doing Pakhtu, 164.According to my observations in the Nimroz and Far hprovinces, similar limitations concerning the acquisitionof land still exist . For the situation in other regions seeHikmati (ed.), D pa htano ol niz iq s di ju ht, p. 143ff.

some Baloch tribal leaders. He kept the title of ash h ('king'), but for those who had elected him hewas not more than a primus inter pares. AhmadShah Durr ni could rely on the military and politicalstrength of the tribes which supported him as longas he did not offend their feelings and interests.21

The same can be said for all of his successorswithin the royal dynasties. All of them, selfevidently, were Pashtuns and all of them had tocome to terms first of all with the Pashtun tribes indifferent parts of their kingdom. Pashtun tribesprovided the military and political basis for theroyal dynasty and they were granted numerousprivileges in return, particularly in taxation and inself government. It has always been a fact that inthe tribal regions, the state would not interfereinto affairs which ought to be regulated by thestate and which in fact were regulated by officialinstitutions in most other parts of the country.22 Inthe course of time, this exceptional position withinthe society of Afghanistan became an inherentfeature of the self confidence of many Pashtunsespecially in the tribal areas along the frontier withPakistan. Among all ethnic groups of Afghanistan,only the Baloch tribes shared this exceptionalposition with the Pashtuns. This reflected a similarway of life with a similar tribal structure and asimilar code of honour.23 Generally speaking, in

21 See for details I. M. Reysner, Razvitie feodalizma, p.334 ff.22 A detailed discussion of the historical relationshipbetween tribes and state in Afghanistan is presented inRichard Tapper (ed.): The Conflict of Tribe and State inIran and Afghanistan (London: St. Martin's Press 1983);see especially the papers by Richard Tapper,'Introduction' (pp. 1 82), Rob Hager, 'State, tribe andempire in Afghan inter polity relations' (pp. 83 118), J.W. Anderson, 'Khan and khel: Dialectics of PakhtunTribalism' (pp. 119 149), Bernd Glatzer, 'Politicalorganisation of Pashtun nomads and the State' (pp. 212232) and Nancy Tapper, 'Abd al Rahman�’s North WestFrontier: The Pashtun colonisation of Afghan Turkistan'(pp. 233 261). See also Christine Noelle, State and Tribein Nineteenth Century Afghanistan: The Reign of AmirDost Mohammad Khan (1826 1863) (Richmond: CurzonPress 1997), Richard Tapper, 'Anthropologists, historians,and tribespeople on tribe and state formation in theMiddle East', in Philip S. Khoury, Joseph Kostiner (eds.),Tribes and state formation in the Middle East (Oxford:University of California Press 1990) pp. 48 73, RichardTapper, 'Ethnicity, order and meaning in theanthropology of Iran and Afghanistan', in Jean PierreDigard (ed.), Le fait ethnique en Iran et en Afghanistan(Paris: Éditions du Centre National de la RechercheScientifique 1988) pp. 21 34.23 Similarities of the code of honour of the Pashtuns tothat of the Baloch are evident but they cannot bediscussed in detail here. According to my observations inNimroz, almost all what is described here for the



Southern and Western Afghanistan the distinctionbetween Pashtun and Baloch is sometimes verysmooth. Indeed, some groups are referred to asaug n baloch, i.e. Afghan (Pashtun )Baloch. Theseare splinter groups of Pashtun origin which wereincorporated into the tribal organization of theBaloch, or alternatively, groups of Baloch originwhich were incorporated into the tribalorganisation of the Pashtuns.24 In Afghanistan,prominence is given to both Pashtuns and Balochby the name z d qab yil 'the free tribes'.25 Thissituation only began to change significantly in thelast three decades when other groups gained inmilitary and political power in the civil war andstarted to enforce their political claims on anethnic basis.26

Pashtuns can be transferred to the Baloch in southwestern Afghanistan although particular terms may vary.Some features of the code of honour of the Baloch ofAfghanistan are described in Abdulsatt r Purdeli, Chintpahlok sha baloch ni rabedagi pahlist n / Chand gul azfarhang i purb r i Baloch ['Some flowers of the culturalgarden of the Baloch'](Kabul: Regional Studies Center ofAfghanistan 1387 = 2008/09) pp. 71 82. A detailedanalysis of the Baloch code of honour with the mainfocus on Pakistan was presented by Erwin Orywal, Kriegoder Frieden: eine vergleichende Untersuchungkulturspezifischer Ideale �– der Bürgerkrieg inBelutschistan/Pakistan (Berlin: Reimer 2002).24 For example, groups like Ba ec and Nurzi can be foundboth as Pashtun and Baloch tribes. Baloch Nurzi andBaloch Ba ec maintain tribal rela ons not only to otherBaloch tribes, but to Pashtun Nurzi and Ba ec as well andvice versa. Usually such splinter groups switched over tothe language of the tribal group they were incorporatedinto, but bilingualism is a wide spread phenomenon aswell (own observations, more detailed soon in LutzRzehak 'Ethnic minorities in search of politicalconsolidation', forthcoming).25 This term describes the Pashtun and Baloch tribes whoreside in the frontier regions with Pakistan and Iran andwho traditionally arrogate the privilege of crossing theborder without limitation. In the political system ofAfghanistan, this status was officially recognised by theestablishment of a special ministry for tribal affairs afterthe Saur revolution. See Neamatollah Nojumi, The Riseof the Taleban in Afghanistan. Mass Mobilization, CivilWar, and the Future of the Region (New York, N. Y.:Palgrave Publishers Ltd. 2002), pp. 67 ff. This ministrystill exists today under the name Ministry of Borders andTribal Affairs.26 As a result, the responsibility of the Ministry ofBorders and Tribal Affairs was extended to all minoritygroups, mostly by providing education programs inminority languages and by helping them in theresolution of disputes with other tribes and ethnicgroups (information provided by Abdul Karim Brahui,Minister for Border and Tribal Affairs, during aninterview with the author in April 2005 in Kabul).

4 TRIBAL SPIRIT

'Among the Pashtuns the word Pashtunwaliimplicates everything what ranks among theroots and basics of their tribal spirit, historicalgreatness and national traditions ... Pashto isthe name of their national language, Pashtun isthe name of their tribe, Pashtunkhwa is thename of their homeland; and from these wordsthe meaningful word Pashtunwali wascreated'.27

This Pashtun author, Qiy muddin Kh dim, placesthe tribal spirit (qaumi ruh) first when he definesthe word Pashtunwali in his fundamental book onthis subject. Qaum is the word which he uses for'tribe', and qaumi is the word which he uses for'tribal'. No doubt is left that his reference to thetribal spirit applies to all Pashtuns. One couldinterpret qaumi ruh as 'national spirit' therefore,but there is another word with the meaning of'national' in Pashto and in other languages ofAfghanistan (milli). Qiy muddin Kh dim uses thislatter word to refer to the language and thetraditions of the Pashtuns, but he uses qaum withreference to the Pashtun people and qaumi whendescribing their spirit. This is due to the fact thatthe word qaum implicates the idea of commondescent to a much higher degree than imaginablelexical equivalents. Like other concepts of groupidentity, qaum expresses identity as a rathercumulative or polymorph feature which can beimagined as a pool of fragmentary characteristicslike common descent, language, culture, sharedhistory, customs, way of life, religion,neighbourhood, etc. Hence, qaum in fact is a veryelastic term which, depending on the situation, canbe understood as 'nation', 'tribe', 'clan' or as agroup of some other kind.28 The size of a group candiffer, but the word qaum indicates that among allfeatures of identity, priority is given to commondescent. A group termed qaum is a descent group,first of all.

Among the Pashtuns, the descent of an individualis reckoned from the father's line of descent. Thusa qaum is a line of descent from a male ancestor todescendants in which the individuals in allintervening generations are fathers. The traditionholds that all Pashtuns are father line descendants

27 See Kh dim, Pa htunwali, p. 10.28 For the concept of qaum see Erwin Orywal: 'EthnischeIdentitäten �– Konzept und Methode', in Erwin Orywal(ed.): Die ethnischen Gruppen Afghanistans. Fallstudienzu Gruppenidentitäten und Intergruppenbeziehungen(Wiesbaden, Dr. Ludwig Reichert Verlag 1986).

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of a legendary ancestor named Qais29 (alias Patan)who according to prevailing opinion, lived at thetime of Muhammad. When Qais converted toIslam, he assumed the Islamic name Abdurrashid.According to genealogical tradi on, QaisAbdurrashid had three sons �– Sa bun, Ghargha ht,and Bai an �– who became the founders of threedescent groups. Today, the descent groups ofSa bun, Ghargha ht and Bai an appear as tribalgroups to which most Pashtun tribes can beassigned. A fourth tribal group named Karl i goesback to a person called Karl . It is said that Karlwas a foundling who was brought up by a Pashtunand later married the daughter of his adoptivefather. The descendants of Sa bun, Ghargha ht,Bai an and Karl are regarded the ancestors ofvarious tribes, their descendants are regarded theancestors of various sub tribes, etc. Depending onthe number of generations taken into account,patrilineal descent groups of different size can bedistinguished, and the members of each group candemonstrate their common descent from an apicalancestor. Bigger descent groups are named tribe(t yifa or qabila). Each tribe is divided into two ormore sub tribes ( ab r), sub tribes consist ofsmaller groups which can be named clan (khel orzai on a higher level and plarina or p ha on a lowerlevel). The smallest group of the Pashtun tribalsystem is called kahol. The common ancestor of akahol usually lived seven or eight generations ago.Every kahol consists of several extended families. Ahousehold (kor) is an economical rather than atribal unit. Ideally, it consists of a grandfather, hiswife or wives, sons, daughters in law, unmarrieddaughters and grandchildren. A young man cancreate his own household after marriage althoughit is often located quite close to his father'shousehold and meals still can be preparedcommonly. In everyday life, patrilineal descentgroups of the kahol level represent the mostimportant units of social organisation. This is thelevel at which marriages are arranged, people helpeach other in agriculture or in building houses,disputes about land usage arise and are solved, oropinion formation about political questions takesplace.30

The lowest level demonstrates the dynamic natureof the Pashtun tribal system. Groups which appearas the smallest units at a particular time, increasein number with every new generation and thusthey transform gradually into clans, which aredivided into several new groups of the kahol levelafter some generations. But all groups share the

29 Also: Kais.30 See Willy Steul, Paschtunwali, pp. 28 ff., Jon W.Anderson, Doing Pakhtu, pp. 223 ff.

belief in common patrilineal descent that unitesindividuals on a particular level of the tribal systemand distinguishes them from other individuals onthe same level, even though they all belong to onegroup on a higher level. Patrilineal descent groupsof different genealogical depths, i.e. tribal groups,tribes, sub tribes, clans and smaller lineages aresolidarity groups. Each particular situation dictateswhich genealogical depth is taken into accountconcerning the need for solidarity. Rivallinglineages of a clan forget their rivalry and sticktogether when clan interests are in danger. Clanswhich belong to one sub tribe and which are inconflict over a particular matter, forget theirconflict and stick together when interests of theirsub tribe or of their tribe are in danger, etc.31

Genealogical knowledge is of vital necessity in asociety which is structured along patrilinealdescent groups of different size. Ideally, a Pashtuncan demonstrate his descent from QaisAbdurrashid, the common ancestor of allPashtuns, by enumerating all linking forefathers. Inreality, a Pashtun knows by heart at least all hisforefathers up to the ancestor of his kahol group,i.e. for about seven or eight generations as aminimum. For genealogical knowledge which goesback deeper in history, older and experienced menwho are regarded as experts in this field, arecontacted. When necessary, they refer to writtengenealogy trees (shajara) of their clan, sub tribe ortribe. Attempts to codify the common genealogicaltree of all Pashtuns date back to the earlyseventeenth century.32 Like later compilations ofthat kind,33 they are unable to keep up with the

31 Here the Pashtun tribal system was described from astructural point of view. For a more detailed and criticaldiscussion see Bernt Glatzer, 'The Pashtun TribalSystem', in G. Pfeffer & D. K. Behera (eds.), Concept ofTribal Society (New Delhi, Concept Publishers 2002), R.Tapper (ed.): The Conflict of Tribe and State in Iran andAfghanistan, Jon W. Anderson, Doing Pakhtu.32 Ni'matullah al Herawi who served as a chronicler atthe court of the Mughal Emperor Jahangir, wrote down ahistory of the Afghans. It is often referred to asMakhzan i Afgh ni or 'History of the Afghans' and liststhousands of tribes (see Khwaja Ni mat Ullah b. KhwâjaHabîb Ullah al Harawî: Tarîkh e Khân Jahânî wamakhzan e Afghâni. Ed. by S. M. Imâmuddîn (Dacca,Asiatic Society of Pakistan 1960 1992). An Englishtranslation was made by B. Dorn, History of the Afghanstranslated from the Persian of Neamet Ullah, byBernhard Dorn (London, A. J. Valpy 1829 & 1836).33 A very popular genealogy was compiled under thename Hay t i Afgh n during the reign of Amir Sher AliKhan in 1865. For a Pashto edition see MuhammadAkbar Kh n: Hay t i Afgh n (K bul, D sarhaduno ch rowaz rat 1370/1991). Publications of that kind remain tobe very popular today. See [Pohanw l] Muhammad



dynamic character of the tribal system, and,correspondingly, less or no information is availableabout groups on the lowest levels which, however,are the more important in everyday life. Oralknowledge of the genealogical tradition remainsabsolutely essential. When two Pashtun men meetfor the first time, they often check theirgenealogical roots. If they find a common ancestor,the chance acquaintance will turn into arelationship with mutual obligations and support.

Explaining the essence of Pashtunwali, Qiy muddinKh dim referred to the tribal spirit (qaumi ruh) ofall Pashtuns because all Pashtuns are patrilinealdescendents of Qais Abdurrashid and moreover,because he wrote his book during a period ofnational awakening. Yet all other segments of thetribal system can be referred to similarly as qaum.Hence, the reference to the tribal spirit can be anappeal for solidarity across all levels of the tribalsystem, i.e. within a tribe, a sub tribe, a clan, orwithin smaller lineage groups as well.

5 HONOUR, SHAME AND RULESOF BEHAVIOUR

As previously mentioned, Pashtunwali means thatthe Pashtuns are different from other peoples notonly due to their language, but also due to theirbehaviour. The Pashtun author Abdullah Bakhtanitakes this idea to the point that 'a person whospeaks Pashto but has no Pashtunwali is not aPashtun because persons from other peoples alsohave learned Pashto and speak it. Only a personwho does Pashto and follows its rules hasPashtunwali'.34 Pashtunwali means 'doing Pashto';and 'doing Pashto' means to bring one's behaviourin line with the ideals and moral concepts of thePashtuns. These concepts are projected innumerous rules of behaviour. One of the basicrules states: pa htun hagh wi chi na dz nsharmawi au na b l ('A Pashtun is he who disgracesneither himself nor others').35 As we can see, therules of behaviour are grouped around thedichotomy of honour and shame.36 Behaviour is

Umar Rawand Miy khel: D pa htano qabilo shajare aumene ['The genealogies and homeland of Pashtuntribes'] (K bul, Maiwand Khparandoya ol na1383/2004), Siy l Momand: D pa htani qabilo shajare['Genealogies of the Pashtun tribes'] (Quetta, Sidiqkutubkh na, no date).34 See Bakht ni, Pa htani khuyuna, p. 2.35 See Quyamuddin Kh dim, 'Pa htun cok d y?', K bul(1333/1954), p. 1.36 In Balochi, this dichotomy is expressed by the wordsnang u may r ('honour and shame') which are also used

honourable or shameful when it is honourable orshameful in the eyes of other people.Consequently, the main rule of conduct is thequestion as to how one's behaviour is evaluated inthe eyes of other people. In addition, the cited ruleimplies another dichotomy: individual honour andshame are closely linked to the honour and shameof other people.

5.1 Honour of the individual andhonour of groupsThe concept of nanga (also nang) arises from thetribal spirit of the Pashtuns: 'Nangameans todefend one's rights and the rights of one's tribehonourably'.37 Thus, this concept has a doublemeaning. Nanga is the call to defend one'spersonal honour, which is based on an individual'sdignity and trust in oneself. But the call for nangais not limited to personal honour because thehonour of an individual and the honour of thelineage or tribe one belongs to are interdependent.Only in the lineage or tribe can one find allies whowould provide support if necessary. Living outsideof the tribal structure is almost unimaginablebecause a person without a genealogical tree is aperson without a descent group, and a personwithout a descent group is a person without alliesor supporters. Hence, nanga is the demand forpersonal dignity and self confidence because onlya person with dignity and trust in oneself canuphold the honour of one's lineage or tribe. Aperson who lives up to this standard is held in highesteem and will be called nangy lai ('honourable').

The demand for n mus has a similar rationalebehind it, but with a focus on those members ofthe society for whom a Pashtun man feelsresponsible in a very special way. These are, first ofall, his wife or wives, daughters, and his unmarriedor widowed sisters. The word n mus can betranslated as 'honour', 'reputation', 'esteem','conscience', and 'chasteness', and it can denote allfemale members of a household as well. In theworld view of Pashtunwali, the honour of aPashtun man and the honour of all females forwhom he is responsible are interdependent.Defending their honour means to provide shelterand to take care of them and this is the best way todefend one's own honour and reputation. Pashtunauthors propagate this idea by referring to apopular verse which is attributed to the poetHamid Baba (1660 1732). He says: chi d b l nang

as an established expression to denote the Baloch codeof honour in general.37 At yi, D pa htani qabilo is l hi q m s, p. 277.

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au n mus s t lai na shi / wu b na s ti cok khp lnang au n mus ('He who cannot defend thehonour and reputation of another person doesn'tdefend his own honour and reputation.')38

Seclusion is seen as the best way to defend afemale's reputation and consequently, one's ownhonour because the main rule of conduct is thequestion about how one's behaviour is evaluatedin the eyes of other people. A female who is almostinvisible to the eyes of other people cannotdisgrace herself in the eyes of other people. If awoman, nevertheless, has been unfaithful, herhusband feels obliged to kill her together with herlover right away. In the eyes of a man who istrusted and expected to act honourably, this is theonly way to defend his honour and reputation.39

However, in reality, he can let himself be guided bythe principle that 'a shame is not a shame as longas nobody is aware of it'. Thus adultery (like othermissteps) can be covered up to avoid bloodfeuds.40

In the concept of Pashtunwali, the position ofwomen is mainly defined by the idea of patrilinealdescent and by the clear distinction which is madebetween relationship by descent (khp lwali) andrelationship by marriage (khe hi). This explains whythe birth of a son and the birth of a daughter causedifferent feelings, why women are excluded fromthe division of the estate, why many Pashtunsprefer marriages inside the patrilineage, why thetransfer of money and goods is compulsory formarriages, and why marriages are often arrangedas patrilineal cross cousin marriages. The idea ofpatrilineal descent can also explain leviratemarriages according to which the brother of adeceased man is obligated to marry his brother'swidow, and the widow is obligated to marry herdeceased husband's brother. Levirate marriagesare also a question of n mus. They serve asprotection for the widow and her children,ensuring not only that they have a male providerresponsible for them, but that the children remainin the responsibility of their father's patrilineage.

The seclusion of females blocks our view of somespheres of social life which are less public, butwhere women have much authority. Women areoften the treasurers of a household and play animportant role in matchmaking because at the

38 Kh dim, Pa htunwali, p. 127.39 Cf. Alfred Janata and Reihanodin Hassas, 'Ghairatman�– Der gute Paschtune', p. 86.40 It's in the nature of things that even in confidentialconversations one hears only very subtle hints at suchcases. All attempts to quantify them would be idlespeculation.

beginning, they are usually responsible foridentifying a suitable wife and a suitable memberto join their household. Older women are held insuch high esteem that they can help to resolve ablood feud conflict peacefully.41

5.2 Fighting spirit and braveryThe demand for tura is aimed at raising the fightingspirit of the Pashtuns. In Pashto folklore, one canfind innumerable proverbs, sayings and versespraising bravery. Pashtun authors often quotefrom that folklore when they explain the conceptof tura. One popular verse is attributed toKhushhal Khan Khattak (1613 1689) who isregarded as the national poet of the Pashtuns. Hesays: chi min p wasla na w y mard de na wayekhp l dz n ta ('If you don't like weapons youshould not call yourself a man'.)42 The originalmeaning of tura is 'sword' and as a rule of conduct,tura is the demand for physical bravery. A personwho fights fearlessly and bravely is honourablycalled tury lai ('brave'). This title can also beattributed to a lineage, clan or tribe.

The fighting spirit of the Pashtuns has been subjectto proof many times over the course of history. Itextends back to the nomadic past and was raisedagain and again during the long struggle againstSafavid and Mughal rulers and during thecampaigns of Pashtun tribes against other peoplesas well. In the three British wars in Afghanistan,the Pashtuns learned to combine their fightingspirit with their faith. Until that time, Islamicreservations about the so called unbelievers hadbeen quite unclear for many Pashtuns, but duringthe British wars, the Pashtuns �– like otherinhabitants of Afghanistan �– physically experiencedthe burden of the colonial aggressors and gained avery realistic picture of the dreaded unbelievers.As prophesised in the Quran, they foundthemselves in danger of being triumphed over bythese unbelievers, dressed in British uniforms.43

Thus, their struggle for independence turned into astruggle for their faith.44 Today, the fighting spirit

41 For more details on the position of women in thepatrilineal Pashtun society see the excellent study byNancy Tapper, Bartered Brides: Politics, Gender andMarriage in an Afghan Tribal Society (Cambridge,Cambridge University Press 1991).42 For this and other verses see Kh dim, Pa htunwali, pp.15 20.43 'Nor will they cease fighting you until they turn youback from your faith if they can' (Quran, 2/218).44 Already during the first Anglo Afghan war, Afghantheologians wrote numerous tractates in which thestruggle for freedom was declared a holy war. One of the



of the Pashtuns has become intertwined with thesacred traditions of their struggle for freedom,independence, and for their faith. The call for turais always the demand for physical bravery in a justcause.

It is also a just cause to defend one's honour andrights. Both individual rights and honour and therights and honour of a lineage, clan or tribe needto be defended bravely. Property offences as wellas libel and slander can cause bloody quarrelstherefore. But bravery requires reasoned actionsbased on considerateness and prudence. In everyconflict, preference should be given to non violentand amicable methods of resolution. Heroiccourage and bravery are in demand only whenthere is no longer any alternative.45 This idea isfixed in a proverb which says: tura d teke ma b saka de wu ist la biy ye no sra wu teke ta achawa('Don't unsheathe the sword, but when you haveunsheathed the sword sheathe it red [from blood]afterwards').46

Describing bravery as one of the ideals and valuesof Pashtunwali, Pashtun authors emphasise thatthe Pashtuns follow special rules and customs ofwarfare. Whenever fighting becomes inevitable,the members of a lineage or tribe feel called uponto forget internal quarrels in order to present aunited front and lead off to the fight. Solidaritygroups appear as combat units. In the concept oftura, it is a holy duty to oppose an enemy face toface and to fight until the last breath. Escapingfrom the battle is seen as an act of cowardice and aPashtun must not even turn his back to his enemy.Otherwise he will be called dawus ('cuckold'), i.e.he is compared with a man whose wife has beenunfaithful. The ideal of a fearless warrior ispreached in various genres of the Pashtun folklore.There are short verses (land i) which are sung by

most famous tractates of that kind was written underthe title Rauzat ul muj hidin ('The Garden of theMujahidin') by Mull Fayz Muhammad khundz da. Hewrote this tractate by order of Emir Sher Ali and finishedit in 1876. It is written in verses, consists of 1500 linesand presents a military codex for the mujahidin. See G. F.Girs, Istoricheskie pesni pushtunov ['Historical songs ofthe Pashtuns'] (Moscow: Nauka 1984), 47.Contemporary Pashtun folklore provides evidence forthe fact that in the Anglo Afghan wars the struggle forindependence was seen as a struggle for faith. Forexamples see ibid. pp. 79 111, James Darmesteter,Chants populaires des Afghans (Paris, ImprimerieNationale, 1888 1889).45 See the discussion on tura and aql ('sword andreason') in Bernt Glatzer, 'Zum Pashtunwali alsethnischem Selbstportrait', pp. 94 ff.46 See At yi, D pa htani qabilo is l hi q m s, p. 59.

women to cheer their sons and husbands. One ofthese verses says: gh h shu p ka ye j n n rwu w / z mi p pur shu chi ye p sh na wizakhmuna ('There was a battle cry, my belovedmade it in the bed / my heart is full [of concern]that he wouldn't be wounded at the back').47

Explaining the art of war of the Pashtuns,Qiy muddin Kh dim mentions a story about abattle of the Afridi tribe in 1897/98. A Britishofficer watched Afridi women collecting bodiesfrom the battle field. He saw an old woman wholifted the head of every dead man in order to findher sons. Then she kissed six men and slapped theface of the seventh. The British officer sent a scoutto find out what had happened. Later, the scoutexplained to him that all seven men were the oldwoman's sons. Six of them were wounded on thefront side and she kissed them for their bravery.The seventh was wounded on the back, and thewoman had said that a cuckold deserves nothingbut a slap in the face.48

According to the traditional rules of warfare,women are expected to support their fighting sons,brothers and husbands not only morally butphysically as well. In his book on Pashtunwali,Qiy muddin Kh dim devoted a special chapter tothe role of women at war. It is said that both menand women take part in fighting and that womensupport their fighting men by bringing food, waterand other necessaries to the trenches. Accordingto the same rules, women must not be attacked.49

This is partially due to the fact that the kinshipsystem of the Pashtuns clearly distinguishesrelationship by descent from relationship bymarriage. A woman remains a member of herfather's descent group after becoming married.When a woman gets hurt in action, both herhusband and her blood relatives can takevengeance. Besides that, in the concept of turabravery requires coequal opponents. Attacking awoman is regarded as an act of arrogantcowardice. For similar reasons, it is forbidden toattack children as well as members of castes with asocially inferior status, like barbers or musicians.Mullahs as well as Sayyids, i.e. males who areaccepted as descendants of the Islamic prophetMuhammad, Hajjis, i.e. persons who havesuccessfully completed the pilgrimage to Mecca,spiritual leaders of Sufi brotherhoods and otherdignitaries should be excluded from militaryactions due to their holiness. Like other ideals, thiswas not always followed during the civil war.

47 See Kh dim, Pa htunwali, p. 29.48 See Kh dim, Pa htunwali, pp. 31 34.49 See Kh dim, Pa htunwali, pp. 41 42.

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5.3 Equality and respect for seniorsThe concept ofmus wat expresses the idea ofequality. This idea is closely related to thegenealogical tradition of common patrilinealdescent. Pashtun authors proudly claim that theirlanguage does not have genuine Pashto words withmeanings like 'slave', 'servant' or 'Lord'.50 With thisstatement, they want to demonstrate theimportance of the concept ofmus wat. Equality asconveyed in the concept ofmus wat is theequality of brothers but it does not contradictsocial inequality, difference in age or differences byother hierarchical principles. Furthermore, equalityas conveyed in the concept ofmus wat is deeplyrooted in the concept of personal dignity andhonour. In the Pashto folklore, this idea isexpressed in a popular proverb which says:pa ht n har yau man d i nim man p ki n shta('Every Pashtun weighs oneman51; there are nohalf man among them.')52 This means thatPashtuns are not simply equal, but they are equalin their pride and dignity. A person who expectsothers to respect his or her dignity and honourmust respect the dignity and honour of others inan equal way. Consequently, the concept ofequality requires respectful and modest behaviourin every way. Taking turns to let the other go firstdoes by no means inflict damage on somebody'sdignity. In contrast, only dignified persons are ableto pay tribute to somebody's honour in that way.The tradition holds that the former king Zaher Shahbrought his car to a stop because an aged Pashtunman was crossing over the road. Needless tomention that ostentation represents a crudebreach of the rules of conduct; and one should noteven talk about oneself without being asked to doso. A good illustration of this rule of behaviour isthe greeting ceremony. When inquiring aftersomebody's health one will hardly get an answerright away. Instead of answering, the other personwill inquire after the health of the conversationalpartner. Such questions and counter questions canlast for several minutes in many cases. Answeringtoo soon would show that one wants to be in thefocus of attention, but one must demonstrate tothe conversational partner that his or her state ofhealth is the focus of attention instead. Whenfinally answering, one will content oneself withsaying that everything is fine and thanking God forthat. At this stage of conversation, more detailed

50 See Kh dim, 'Pa htunwali �– tarbiyawi usul', p. 30.51 Man is a measure of weight. Depending on the regiononeman is about 4 kg (Kandahar), 32 kg (Peshawar) or565 kg (Kabul).52 See Kh dim, Pa htunwali, p. 43.

answers or information as to personal problemswould again show that one wants to be the focusof attention.

The idea of equality as expressed in the concept ofmus wat goes hand in hand with the demand forrespectful and honourable behaviour towardsseniors (d m sh r no man ht). This demanddefines the position of tribal leaders as well as therelation between fathers and their sons, betweenbrothers, cousins, etc. Like the English words'elder' and 'senior,' the Pashto wordm sh r candenote both a person who is older in age and aperson whose prestige is based on socialcategories like leadership, experience of life,knowledge, etc. Several age groups which aregenerally gender separated can be distinguished inthe society of the Pashtuns. In this hierarchy, theposition of a man depends not only on one's agebut also on the criteria whether one is unmarriedor married, whether one keeps a household ofone�’s own, whether one has children, whether oneowns a plot of land, etc. Besides by difference inage, the position of women is also defined bycriteria whether one is unmarried or married,whether one has children or grandchildren, etc. Allpersons can pass through these age groups overthe course of their lives whereas only selectedpersons are regarded as seniors due to criteria likeleadership, knowledge of tribal customs, orexperience of life.

Traditionally, in the society of the Pashtuns, twogroups of elders or tribal leaders can bedistinguished due to their social functions andcompetencies. The first group consists of personswho are called kh n ormalik in Pashto.53 These areelders or a village headman of high prestige whohave much influence and power and who act asrepresentatives for their tribal group or village innegotiations with government agencies and othertribal groups. In most regions, the position of akh n ormalik is hereditary and depends much onland ownership and economic strength although

53 The usage of kh n ormalik as an honorary title forthese leaders depends on the dialect. See M. Ibr himAt yi, 'P qabilawi ol na ki d m sh r y p r fakto yawaitnolojiki ce na' ['A study on the factors of leadership ina tribal society'], Ary n (1360/1981) 3: 65, 75. Inregions where both titles are in use, preference is givento one of them due to the criterion of land ownership. Insome regions such as Khost, a person whose leadershipis mainly based on landholding, is called kh n whereas amalik is a person whose economic influence is lessimportant for leadership. See Steul, Paschtunwali, p. 70.Among the Nurzi and Ghelzi of South WesternAfghanistan the position of a kh n depends mainly onleadership abilities and economic power is lessimportant today (own observations).



leadership ability is also necessary. Two or moreleaders of that type can coexist in one village andsometimes they rival for followers and loyalty. Akh n ormalik does not exercise direct power overhis followers; decisions are instead usually basedon consultations with followers. Evidently, a kh normalikmust hold all attributes of a 'goodPashtun' as prescribed by the norms and rules ofPashtunwali. In addition, a tribal leader of that kindneeds to have considerable economic resources.Followers must be feasted for their loyalty fromtime to time. A follower, who has placed his trustin a leader for a long period of time, expectsfinancial or material aid in the event of anemergency. Generally speaking, the position of akh n ormalik is more that of a patron than of alandlord, but economic dependency has gainedimportance in the relationship between suchelders and their followers.54 During the civil war,the position of traditional tribal leaders such askh n ormalik was seriously weakened by themilitary and political strength of militarycommanders. In times of peace, a kh n ormalikorganised access to pastures, took care of theirrigation system or dealt with state authorities,but during the war other leadership abilities werein demand. A leader had to organise weapons,money and food which were often supplied viaPakistan or Iran. Hence, a leader needed access tomilitary groups and foreign organisations. Many ofthe elderly traditional leaders were physicallyunable to cope with these tasks and left theirposition to military commanders.55

The second group of traditional elders consists ofpersons whose prestige and influence are basedexclusively on personal attributes and on theknowledge and experience they have gainedduring their long lives. Such elders are regarded aswise men and are respectfully called spin hiri('white bearded men', singular: spin hirai). Theyhave a good knowledge of the traditions andvalues of Pashtunwali. They are experiencedrhetoricians and can be asked for advice in almostall situations. Generally, every aged man can becalled spin hirai, but one must possess allaforementioned personal attributes and have theknowledge and experience of an aged wise man to

54 See J. W. Anderson, 'There are no khan any more:economic development and social change in tribalAfghanistan',Middle East Journal (1978) 2, pp. 167 183.55 For details concerning the situation of traditionalelders during the civil war of the 1990ies see BerntGlatzer, 'Being Pashtun �– being Muslim: Concepts ofperson and war in Afghanistan', in Bernt Glatzer (ed.),Essays on South Asian Society: Culture and Politics II(Berlin, Das Arabische Buch 1998), p. 83 f.

be respected as a leader of that type. Economicpower is less important, but one should own atleast a plot of land to demonstrate that one iseconomically independent. Aged men who have anexpert knowledge of the customary legal systemare called narkhi (singular: narkhai) respectfully. Anarkhai is not a judge, but a person who isexperienced in judicial matters, who is able toquote precedents and who is therefore asked foradvice on various issues. Elders of this type (bothspin hiri and narkhi) are granted numerousprivileges that enable them to act asintermediaries in cases of conflict. Sayyids, Hajjis,some spiritual leaders of Sufi brotherhoods andother dignitaries are privileged in a similar way.

5.4 Consultation and decision makingAs mentioned above, individual honour and shameare closely linked to the honour and shame of thetribal group to which one belongs. All questionsrequire thorough consultations with othertribesmen who may be affected by them. In manycases, it is sufficient to ask the elders for advice; inother cases, all concerned persons are calledtogether for consultations. In the tribal structure ofthe Pashtuns, the demand for consultation hasbeen institutionalised in the Jirga tradition.Generally speaking, every gathering of Pashtunmen which is held in order to solve a question ofcommon interest can be called Jirga. In most cases,a Jirga is convened spontaneously whenever aproblem of common interest needs to be solved.There are no superior or inferior Jirgas. The groupof participants is defined by the circle of personswho are affected by a particular problem. When aJirga is held on the village level, all adult men whohave founded a household and own at least apatch of land have the formal right to join it. Inother cases, only the elders of a tribal group orvillage may come together. Supporters of aparticular position can form informal parties inadvance and authorise elders to define theirposition at the Jirga gathering. Experienced eldersemphasise their ideas impressively using proverbs,quoting precedents or telling moralising narratives.In some regions such as Paktia, the Jirga hastransformed into a tribal assembly of elders whichis not open to everyone though this assembly isalso called Jirga. When a Jirga of this kind comestogether the elders are surrounded by a kind oftribal police which is called arbaki (singular:arbakai) and recruited from brave tribesmen.56

The arbaki deny access to unauthorised persons

56 See Ali Mohammad Sobman, 'Arbakai in Paktia', Pa toQuarterly (1359/1980) 3:81.

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and are responsible for the enforcement of theJirga decision.

Depending on the problem to be solved, a Jirga cantake on a consulting and designing role, it can bepart of the dispute resolution mechanism in adispute between two groups, and it can be used asa court in cases of criminal conduct. In all cases,decisions are made by consensus.57 The discussionlasts as long as there is no longer any opposition toa particular position. All participants must agree toa proposal. It can happen, therefore, that a Jirgalasts a very long time or that it breaks up withouttaking a decision. In such cases, a new Jirga can becalled or intermediaries are invited to come to adecision.

The decision taken by a Jirga is binding for allmembers of a tribal group. Contravention of a Jirgadecision can cause a tribal penalty (n gha). It isreported that with serious violations, the house ofthe offender was burned or he or she was expelledfrom the village or tribal group.58

5.5 Willpower and sincerityThe concept ofme n expresses the demand forwillpower and tenacity. Doing Pashto means toovercome any difficulties with considerable effortand a great deal of time if necessary. The wordme n was derived from the Pashto word for'[married] man' (me ), but the demand forwillpower and tenacity must be met by womenand children as well. Pashtun authors claim thatthese are national attributes of the Pashtuns whichwere brought forth by the difficult geographicalconditions of their homeland.59 Faithfulness,reliability and sincerity are special features of theconcept ofme n . A given word must not bebroken. Promises are weighed thoroughly becausedoing Pashto requires keeping promises withoutexception. In Pashtunwali, these values areexpressed by the concept of ahd au waf('promise and fidelity'). It is said that inPashtunwali 'speaking Pashto' and 'keeping one'spromises' are synonyms.60 Furthermore, doingPashto requires telling the truth. In his articleabout the educational principles of the Pashtuns,Qiy muddin Kh dim has an extra chapter namedri h y 'truth' and he emphasises that the wordswhich are used in Pashto for 'lie' (durogh), 'flattery'

57 Only at the Loya Jirga as enshrined in the Constitutionof Afghanistan decisions are taken by voting.58 See Kh dim, Pa htunwali, p. 54.59 See Bakht ni, Pa htani khuyuna, p. 16.60 See Kh dim, Pa htunwali, p. 58.

(mud hina) and 'blarney' (ch plus y) are not ofPashto origin.With this statement he wants toshow that Pashtuns disdain falseness andinsincerity. He argues that sincerity is not a matterof wealth. On the contrary, willpower will help apoor person to cope with his situation. As in othercases, Qiy muddin Kh dim does not refrain fromusing big words, saying that generally for a Pashtunit is better to die than to lie. And when a Pashtundies, he does not even want to be buried next to aliar.61

5.6 Compensation and retaliationFreedom, strong mindedness and sincerity arebasic features of one's dignity and honour. Thesefeelings are incompatible with the idea of owinganybody anything. The concept of badal conveysthe demand for compensation without condition.The original meaning of the word badal is'exchange'. In the course of time, it acquired themeaning of compensation and retaliation. InWestern publications, badal is often understoodexclusively as revenge and blood feud.62 Pashtunauthors, however, unmistakably point out thatboth good deeds (nek i) and bad deeds (bad i)require corresponding actions in return.63 Hence,the concept of badal expresses not merely the callfor revenge, but also the obligation to thank forthe provision of help and to provide compensationas soon as possible. In Pashtunwali, it is sinful to begiven something good without reciprocation. Thefeeling of indebtedness to someone who has doneyou a favour is considered unmanly and cowardlyalthough reciprocation does not need to begranted right away. Compensation can be providedat a convenient time because doing Pashto meansto settle one's debt when the opportunity arises.On these grounds, numerous nets of mutualobligations are woven. One simple example canillustrate how such nets work. In 2006 in Nimrozprovince, a local kh n of the Nurzi told me that hehad bought with his own money more than 100prayer mats for a friend in Far h province who hadcompleted the hajj to Mecca and needed theseprayer mats to be presented as souvenirs torelatives and friends. When I asked him if thefriend had already given back the money for thecarpet mats, he said no. He explained that hewouldn�’t take the money, but whenever he wouldhave a problem in Far h province, this friend who

61 See Kh dim, 'Pa htunwali �– tarbiyawi usul', p. 30.62 See Lindholm, Generosity and Jealousy, p. 210, Steul,Paschtunwali, p. 153, Strickland, 'The way of thePashtun', pp. 4 5.63 See Kh dim, Pa htunwali, p. 48.



had a high position in the local administrationwould be obliged to help him. This could betomorrow or in some years. Numerous obligationsof this and similar kinds are woven into numerousnets of mutual obligations which makes anydiscussion about corruption much more difficultthan it would seem at a first glance.

Like good deeds, bad deeds also call forreciprocation. If a bad deed consists in an attack ona person's honour or physical integrity,reciprocation means to take revenge. Revenge isaimed at restoring the primary balance betweenindividuals and groups and at retrieving one'shonour. This equivalence is also called badal. Acycle of retaliatory violence can turn into a bloodfeud. Such feuds are named blood feud notbecause bloodshed must be necessarily involved,but because they are carried out by kin groupswhich are related by blood, i.e. by descent groupsof different genealogical depth. Revenge can betaken by the patrilineal relatives of someone whohas been wounded, killed or otherwise wronged ordishonoured, and it can be directed against theoffender or against one of his patrilineal relatives.Since blood feuds are aimed at restoring theprimary balance between individuals and groups,revenge must be reciprocal. The principle to beapplied is an eye for an eye and a tooth for a tooth.For example, killing a person requires killing thekiller or one of his relatives. Only in this case theprimary balance and equivalence between the twogroups would be restored and peace negotiationswould be promising. Revenge does not need to betaken right away. Vengeance can be delayed andthe obligation to take revenge (por, literary 'debt')can even be left to the next generation. A popularproverb says: pa htun s l k la pas khp l por wuasikht / ham way l ye chi ghal mi wu k a ('APashtun took his revenge after one hundred yearsand he said that he was in a hurry.')64

Moral harm caused by killing and injury must alsobe taken into consideration when the primarybalance between individuals and groups is to berestored in the course of vengeance. According tocustom, some money needs to be paid by theoffender or his relatives to compensate moraldamage. In Pashto, this money is called sharm.Originally, this word means 'shame' and thus itshows that revenge is also a question of honourand shame. Money can be paid as compensationfor physical harm as well to avoid pointlessbloodshed. This money is called khunbah ('bloodmoney'). Such payments are very important for thepeaceful solution of disputes.

64 See Kh dim, Pa htunwali, p. 43.

5.7 Generosity and hospitalityThe concept of sakh wat expresses the habit ofgiving freely without expecting anything in return.A generous person is called sakhi respectfully.65 Itis said that a Pashtun will never sacrifice hishonour, but giving away one's belongings isnothing exceptional for Pashtuns.66 Hospitality(melmastiy ) is a special form of demonstratinggenerosity. Every person who enters the house isprovided with at least some tea and food and, ifnecessary, a place to stay. Even poor people arehospitable to such an extent that a guest willprobably get a wrong picture of their realeconomic situation. A guest is seen as a gift sent byGod and demonstrating hospitality therefore is apious deed.67 According to custom, a guest istreated with special honour for three days.Afterwards, a guest is served like other membersof the household. Hospitality includes not onlyrules of behaviour to be observed by the host, butrules for the guest as well.68 Everyone is free tobecome somebody's guest, but once this hashappened, the guest must give the host theopportunity to show generosity. Hence, a guestcan leave the host's house only with the host'spermission. It goes without saying, that it is notrespectable to refuse offered food. Furthermore, aguest should frankly talk to his hosts although thehost may not even ask who the guest is, where hecomes from and where he is going. A Pashtun doesnot need to know a guest's personal details tohonour him generously.69 The host and his familywill entertain a guest, having conversation withhim or her in order that a guest shall not be bored.On these grounds, a guest is never left alone. If thehost needs to be absent for a while, he willcommission his brothers or sons to keep companywith the guest. A typical question addressed to aguest is s at di ter d i? ('Aren't you bored?').Often, guests are offered a present when they areleaving.

65 The word sakhi can be used as a proper name as well.Furthermore, in Afghanistan it is a well known epithet ofAli, the cousin and son in law of the Islamic prophetMuhammad.66 See Bakht ni, Pa htani khuyuna, p. 29.67 Of course, being generous is also a way to expressone�’s wealth and to gain public reputation but as aprimary motive of action, such behaviour does notcorrespond to the ideals of 'doing Pashto'.68 See Muhammad K ka , 'D Afgh nist n d xatidzo', p.55.69 See Bakht ni, Pa htani khuyuna, p. 30.

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Hospitality also finds its expression in the waybuildings are designed and erected. Almost everyhouse has a guestroom which is strictly separatedfrom the house's family part. Many villages have aseparate hut which is called hujra and serves as aresting place for guests and travellers. Thehouseholds of a village will supply food andcompany in turn.

In Pashtunwali, a guest is not only provided withfood and a place to stay, but with protection aswell. A person is under the host's protection aslong as he is the host's guest. The guest on his partmust not raise his hand against anyone as long ashe is in the house of his host. This element ofhospitality includes the obligation to grant asylum(pan kaw l) to a person who is persecuted byanyone. A host can try to act as a middleman forthe guest and his persecutors, but when the guestis attacked the host will do his utmost to protecthim. Defending one's guest means to defend one'shonour and the honour of one's tribal group.Asylum must not even be refused to one's enemy.Special mechanisms of peaceful conflict resolutionhave developed on these grounds. Following thesame rationale of hospitality, a woman can presentherself as a guest in the house of the man whomshe wishes to marry when she is going to bemarried to another man against her wishes. In thiscase, the chosen host must settle the matter withher father. In reality, however, this does nothappen very often because a woman who resortsto this tactic loses face and runs the risk of startinga revenge cycle.70

Escorting (badraga) is another feature ofhospitality in the meaning of doing Pashto. Aperson who is travelling in a region where othertribes reside can ask for an escort. Local tribesmenwill escort him and provide protection if necessary.An intelligent traveller will never cross foreignregions without seeking an escort by local people.

5.8 Pride and zealThe concept of ghairat is probably the mostcomplex tenet of Pashtunwali. The word ghairatmeans 1. dignity, self esteem, pride,ambitiousness; 2. zeal, eagerness, passion; 3.bravery, courage, audacity; 4. indignation, anger;5. modesty.71 Thus the concept of ghairat pools 70 See Erika Knabe, 'Afghan Women: Does Their RoleChange?, in Louis Dupree and Linette Alberts (eds.),Afghanistan in the 1970s (New York, Prager 1974), pp.146, 147.71 See M. G. Aslanov, Pushtu russkij slovar' ['PashtoRussian dictionary'] (Moskva, Russkij jazyk 1985), pp.621 622.

almost all values and rules of behaviour of thecode of honour of the Pashtuns. A person to whomghairat is attributed is respectfully calledghairatman. Such a person is not simply doingPashto but he is anxious to do so and leaves nodoubt that he does his utmost. Such a person isheld in high esteem because a ghairatman Pashtunpersonifies the 'ideal Pashtun'.72

6 THE CUSTOMARY LEGALSYSTEM

6.1 Legal norms and the code of honourLegal norms differ from other social normsbecause compliance is supervised by institutionswhich are socially recognised for this function. In asociety where honour covers everything and wherethe honour of an individual and the honour of thegroup to which one belongs are interdependent,matters of dispute can hardly be delegated to anypersons other than those whose honour is inquestion. Among the Pashtun tribes, whenever acommonly recognised norm is broken, thethreatened group feels responsible to takemeasures against the norm breaker in order to reestablish the previous balance and to retrieve theirhonour. Imposed sanctions need to be accepted byother tribesmen and, if necessary, supported bythem to become legal sanctions. This philosophyconstitutes the basis for a complex of norms andmechanisms which are known under the namenarkh (literally 'price') in Pashto and which can beinterpreted as the customary legal system of thePashtuns. 73 The customary legal system and thecode of honour are closely related to each other.One cannot understand the philosophy andmechanisms of the customary legal system withouttaking into consideration the ideology of patrilinealdescent, the tribal spirit as well as the values andrules of behaviour as expressed in Pashtunwali.

Besides customary legal norms, Pashtuns acceptthe Sharia, i.e. the sacred law of Islam, and followthe Hanafi School in jurisprudence. Traditionally,Sharia addressed several aspects of family lawprimarily whereas cases of crime and inheritancedisputes were settled according to customary legalnorms. No opposition existed between these legal

72 See Alfred Janata and Reihanodin Hassas, 'Ghairatman�– Der gute Paschtune', M. Ibr him At yi, D pa htaniqabilo istil hi q m s, p. 199.73 The fact that a word with the original meaning 'price'is used to denote the customary legal system is relatedto the custom of paying blood money in the process ofconflict solution (for details see below).



systems until the mid 1990s when the Talebanintroduced a fundamentalist interpretation ofIslam and declared some traditional customs andnorms of the Pashtuns to be opposing Islamic law.In 1998, the Taleban issued a decree which bannedthe custom that in dispute resolution the clan ofthe offender would present a woman or severalwomen to the clan of the victim as compensation.Another decree forbade levirate marriagesdeclaring that widows had the right to choose theirown husbands regardless of whether theybelonged to the husband's family or tribe or not.74

Today, however, the Taleban recommend cautionin applying Islamic law. In a statute for themembers of the Taleban movement (Dmuj hidino askari l yha 'Military rules for themujahedin') which was issued in August 2010, it issaid that judicial disputes which are taken to theTaleban by the local population with the requestfor resolution should be addressed firstly viamediation by legal peacemaking Jirgas. Only if aJirga cannot come to a solution or if a Jirga cannotbe held, disputes shall be taken to an Islamiccourt.75 This recommended preference for tribalmethods of conflict resolution strengthensPashtunwali even though it might be a temporaryapproach in the eyes of the Taleban.76

Furthermore, the customary legal norms of thePashtuns deal with many topics addressed bysecular law. However, self governance was one ofthe privileges which Pashtun tribes traditionallywere granted in the state system of Afghanistan.

74 For details see Juan R. I. Cole, 'The Taleban, Women,and the Hegelian Private Sphere', in Robert D. Crews andAmin Tarzi, The Taleban and the Crisis of Afghanistan(Cambridge, London, Harvard University Press 2008), pp.118, 143 144.75 The third edition of these rules was published in theInternet on 8 August 2010 by the secretariat of theIslamic Emirate of Afghanistan (D afgh nist n isl miim rat d r ul in�š ). It consists of fourteen chapters and85 sections. The referred statement is given in section 62of chapter 14 titled ol si mauzu t ('Public questions'). Idownloaded the text on 2 November 2010 under theaddresshttp://shahamat.info/index.php?option=com_content&view=category&id=9&Itemid=24 but today this site is notworking anymore.76 They believe that the conditions for Islamic jurisdictionare unfavourable today. In section 63 of the samedocument it is said, therefore, that even solutions whichwere taken by Islamic courts under the sovereignty ofthe Islamic Emirate of Afghanistan, i.e. between 1995and 2001, and require renegotiation should not berenegotiated today 'because unlike today betterconditions for justified solutions existed at that time'(ibid).

As mentioned earlier, it has always been a fact thatin the tribal regions the state would rarelyinterfere into affairs which were regulated byofficial institutions in most other parts of thecountry. When a conflict arose, many Pashtunsused to say pa hto kawu 'we will do Pashto', i.e.they resolved the conflict by applying customarylegal norms. Correspondingly, a Jirga which is heldto resolve a legal conflict according to the tribalcustoms of the Pashtuns is called pa hto jirga.77

Especially in remote areas and in areas withcompact Pashtun settlements, governmentagencies accepted this situation until the recentpast by condoning the customary legal system oreven by applying customary legal norms in theirown judgements. In the early 1980s, Afghanscholars carried out an anthropological survey inPashtun tribal areas and documented 104 criminalcases. 84 of them were resolved by the tribeswithout informing government agencies and onlyin 20 cases were the police or other governmentagencies engaged to resolve the conflict. In almostall cases, however, their judgments conformed tothe customary legal norms of the Pashtuns.78

Since in many parts of Afghanistan no functioninggovernment institutions existed during the civilwar, customary law continued to be important andin remote areas it is still being applied today. In2005, I had the chance to join a Jirga of tribalelders of the Nurzi who had come from Far h andNimroz provinces to Zaranj in order to discuss adeath threat against a young man from their tribewho had been engaged in cross border drugtrafficking. Although a leading security officer ofFar h province who also belonged to the Nurzi waspresent at this Jirga, it was clear from the verybeginning that the problem would be solved by'doing Pashto', i.e. the tribal way and withoutaddressing official institutions.

The customary legal norms of the Pashtuns havenever been codified in written form. They weretransmitted orally and consequently particularnorms and customs may vary in some details fromtribe to tribe and from region to region. Variationmainly concerns the computation of the amount ofblood money to be paid but not the mechanism ofconflict resolution.79 Here the main types of

77 Muhammad Gul Muhmand, D musawade p aullum ai pa hto sind ['A draft of the first Pashtodictionary'], (K bul, Matba a yi umumiya i Kabul1316/1937), pp. 210 211.78 See Hikmati (ed.), D pa htano ol niz iq s di ju ht,pp. 235 284.79 Some examples for variation among the Ta i andAhmadzai tribes are given below. For more details seeSteul, Paschtunwali, 185 ff. and Hikmati (ed.), D

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http://shahamat.info/index.php?option=com_content&view=category&id=9&Itemid=24


conflicts and principles of dispute resolution will bedescribed.

6.2 Typology of conflictsCrimes which offend the whole community aredifferentiated from crimes which offend only aparticular group of persons such as, for example,the members of a lineage or clan. Each type ofcrimes gives rise to other sanctions and differentgroups are authorised to impose and exercise thesanctions.80

Actions which threaten the whole community aresubject to sanctions to be imposed by thecommunity, i.e. by a Jirga. For example, in caseswhen somebody has refused to participate in taskswhich are to be performed as relief by communitymembers (ashar), when somebody has clearedtribal woodlands without permission, or whensomebody has exceeded the maximum of the brideprice which had been established for a region, aJirga is convened and the offender is forced to giveoff some animals or some money as punishmentfor his behaviour. In the case of gross violations,the house of the offender can be burned down orhis land confiscated and distributed among othertribesmen.81 This means that this person is defacto expelled from the community.

Attempts on somebody's life or physical integrity,assaults on a person, adultery or other attempts ona female's sexual integrity as well as propertyoffences and attempts to exploit a person or groupare actions which are directed against a particularperson or against a particular group of persons.Consequently, in the first instance, the offendedperson or group of persons is responsible forimposing and exercising sanctions. Taking revengeis the usual response in these cases and in thecustomary legal system, revenge is regarded alegitimate sanction for such actions.

pa htano ol niz iq s di ju ht, pp. 176 . (both for thetribes of Khost), Haqmal, 'Ij m i mas yil' (for the Ta itribe), Waziri, 'D wazirist n d barmali d xalko ul snarkhuna' (for the Waziri tribe), Kh dim, Pa htunwali,pp. 50 ff. (for the Afridi tribe).80 In that respect customary legal norms in various partsof the world are more or less identical. Cf. HeiderichBarnim, Genese und Funktion der Rache (Gleichzeitig einBeitrag zum Problem der Universalrechtsinstitute), (Köln,Universität zu Köln 1972), pp. 12 ff.81 See Hikmati (ed.), D pa htano ol niz iq s di ju ht,pp. 235ff.

6.3 Dispute settlementRevenge does not necessarily involve bloodshed.Various habits and customs enable a blood feudcycle to be avoided and a conflict to be peacefullyresolved. The most famous custom is a ritual offorgiveness called n naw ta in Pashto whichliterally means 'entering [the house of theoffended party]'. This ritual is performed in casesof attacks on a person's physical integrity (bothkilling and injury) when one of the feuding partiesis too weak to take revenge or when bloodshedshould be avoided for other reasons. Then naw ta ritual is based on the concepts ofhospitality (melmastiy ) and asylum (pan kaw l)according to which asylum must not even berefused to one's enemy. N naw tameans that theoffender comes to the house of the opposing partyto admit guilt. Sometimes a mullah is sent first toannounce a n naw ta ritual, at other times theoffender appears in person without any advanceannouncement, then usually accompanied by amullah, tribal elders, an elder woman or severalwomen. In the past, a person who performed then naw ta ritual bound a cord around his neck andbore a tuft of grass in his mouth to show that headmits his guilt.82 A Pashtun is obliged to acceptthe n naw ta ritual because a person whoperforms it repents and demonstrates devotion.

When the n naw ta ritual is being performed theoffender gives the so called blood money(khunbah ) to the family of the victim. The bloodmoney is a compensation for the inflicted damageand it is paid out to avoid further revenge. Theamount of the blood money varies depending onthe damage. The basic unit is established accordingto the average bride price (walwar) which iscurrently paid in a particular region. If a male hasbeen killed the blood money to be paid consists oftwo bride prices. This unit is called one khun(literally 'blood') or one nek (literally 'good', 'goodman') in some regions. The rationale behind it isthat the blood money enables the family of thevictim to marry a girl who can give birth to a son.Due to the ideology of patrilineal descent, this sonwould be a member of the victim's patrilineal

82 This used to be the most humiliating form ofn naw ta because a person demonstrates that even inhis own eyes he is not a tury lai. No detailed informationis available about when this type of n naw na wasperformed. Kh dim describes it as a contemporarycustom and his data belong to the 1950s (see Kh dim,Pa htunwali, p. 40). Willy Steul, who gathered hismaterial in the late 1970s in Khost province, reports thatsome informants remember this type of n naw ta 'butthey were unable to state particulars' (Willy Steul,Paschtunwali, p. 163).



descent group and a replacement for the killedperson. For that reason, the blood money alwaysdepends on the average bride price.

If a woman has been killed, the blood money is halfof that amount, i.e. ½ khun which is equal to oneaverage bride price. In the case of injury, differentamounts of blood money are established for everybody part. For example, if somebody has losteyesight in both eyes the blood money is 1 khun, ifone eye has been blinded it is ½ khun. If somebodyhas lost a leg the blood money is ½ khun. The samemust be paid when somebody lost his leg or cannotuse it anymore after being wounded. Ifsomebody's leg has been wounded but still can beused the blood money is ¼ khun.83 The amount ofblood money which was to be paid for killing andinjuries among the Ahmadzai tribe according todata presented by Qiy muddin Kh dim, is given inFigure 1. Furthermore, a certain amount of moneyneeds to be paid by the offender or his relatives tocompensate for moral damage (sharm).

The amount of the blood money is raised in caseswhere the victim was an honoured elder like aspin hirai or belonged to the dignitaries. Theamount of the blood money is also raised in thecase that the victim was unarmed and defencelesswhen he was killed or injured, in the case wherethe victim was mutilated after being killed or in thecase that the killer took possession of the victim'sweapon.

Since the amount of blood money to be paid isalways established in proportion to the averagebride price, the offender's family can also give oneor several marriageable girls to the victim's familyinstead of paying money. For example, ifsomebody has been murdered and the offender'sfamily gives one girl to the victim's family, theamount of money which remains to be paid isreduced to ½ khun. Revenge and blood feuds aredisputes which are carried out between patrilinealdescent groups. Hence, dispute settlement isaimed at re establishing the primary balancebetween these patrilineal descent groups.

After the n naw ta ritual has been accepted bythe victim's family and the blood money has beenpaid to them, the blood feud must be stopped. Nofurther revenge can be taken because the previousbalance between the disputing families or clanshas been re established. Any other behaviourwould be dishonouring.

83 These data refer to the Ta i tribe of Pak a in the1970ies. See Haqmal, 'Ijtim i mas yil ', pp. 62 ff.

Figure 1: The blood money of the Ahmadzaitribe84

KillingPremeditated murder 2 khunManslaughter 1 khunInjuries

Spin �– 'white [visible] body parts'Eye 1 eye ½ khun

Both eyes 1 khunNose ½ khunEars 1 ear ½ khun

Both ears 1 khunTongue 1 khunTeeth Every visible

toothone tenth of akhun

Every nonvisible tooth

Special bloodmoney

Legs One leg ½ khunBoth legs 1 khunThe blood money can differ inthe case that only the part belowthe knee was lost.

Arms andhands

One arm /hand

½ khun

Both arms /hands

1 khun

The blood money can differ inthe case when only the partbelow the elbow was lost.Furthermore the blood moneycan differ depending on whetherthe right arm or hand or the leftone was lost.

Fingers Thumb or allfour bearingfingers on onehand

1 khun

Thumbs or allfour bearingfingers on bothhands

2 khun

Tor �– 'black [invisible] body parts'Genitals Injury or

cutting offbefore thedeath

2 khun

Desecration orcutting offafter the death

1 khun inaddition to theblood moneyto be paid forkilling

84 See Kh dim, Pa htunwali, pp. 183 ff.

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6.4 MediationSerious disputes can give rise to a blood feud cyclewith numerous victims that would threaten thewhole community. In such cases, a communitymight be well advised to bring the dispute to anend. For this purpose, the elders of a lineage, clanor tribe would persuade the feuding parties to laydown their arms and agree to peace talks. To makesuch efforts a success, they would appeal to theconcept of nang, i.e. to the individual honour ofthe persons involved and to the honour of theirlineage, clan or tribe. For peace negotiations,mediators (drey mg ai,miyandzg ai) can beinvited. Mediators must be respectable elders andthey must be neutral. For that reason, it is usuallytribal elders of other lineages or clans who arecalled up to arbitrate between the conflictingparties. Furthermore, the weapons of bothconflicting parties can be confiscated by thecommunity to prevent a new flare up of hostilitiesfor the time of the peace talks. This custom iscalled baramta in Pashto.85 A ceasefire is anessential precondition for peace talks.

Peace negotiations are conducted at a Jirga towhich the mediators and representatives of bothconflicting parties are invited. In a society which isorganised in patrilineal descent groups, peacecannot be made between individuals only, butmust be realised between patrilineal descentgroups. For that reason, both conflicting partiesmust send dignified representatives, usually theirelders, to the Jirga. Such a Jirga is by no means ajudicial hearing or a trial court, but a peacemakinginstitution. Hence, the question of guilt would notbe discussed at all. The Jirga would find out howmany members of the conflicting parties werekilled. If the number of killed persons is equal inevery party, peace can be concluded. If one partyhas more victims than the other, the other partymust pay the corresponding amount of bloodmoney. In some cases, the ritual of forgiveness(n naw ta) could also be part of the peacemakingprocess. In any case, the principal object ofpeacemaking is to re establish the balance andequivalence between the disputing groups as ithad existed before the outbreak of the dispute.Only in this situation can peace be concluded. Thedecision of a peacemaking Jirga is binding for allparticipants because a peacemaking Jirga can beheld only if both conflicting parties have agreed to

85 Generally baramta describes all kinds of confiscationmade to force somebody to clear his debt. See Kh dim,Pa htunwali, p. 39, At yi, D pa htani qabilo is l hiq m s, p. 21.

mediation and peace negotiations. Acceptance of aJirga decision is a question of honour.86

Sometimes a Jirga is used as a trial court. Thiswould happen when a right of ownership or usageright such as of pastures is in dispute. In this case,every conflicting party must testify under oath thataccording to patrilineal succession it is the legalheir of the object of dispute. It is believed that afalse oath would evoke God's penalty. If,nevertheless, both parties swear to be the legalheir, the object of dispute will be divided betweenthem.87

All decisions of a Jirga that has been held forconflict management are made by consensus andthey are therefore compromises. The quotation ofprecedents or if the event is quite unprecedented,references to similar events are very important fordecision making. The authority of a Jirga decision isbased upon the appeal to nanga, i.e. acceptance isa matter of honour.

7 CONCLUDING REMARKS

In summary, it must be reiterated that Pashtunwalidescribes an ideal, namely the ideal of the Pashtunway of life, and that ideals never come up toreality. Actual behaviour can be guided by othervalues as well. In recent decades, Afghan societyhas been subject to fundamental change in almostevery respect. The society of the Pashtun tribes isno longer the society that existed when most ofthe native accounts drawn on for this paper werewritten. At that time, many of the values ofPashtunwali were already less predominant in themilieu of urban Pashtuns in cities like Kabul than inmost rural areas. Later, foreign aggressions and thecivil war created a wartime experience which isalmost without precedent in the history ofAfghanistan. While the war was waged inAfghanistan, it was in fact an international conflictbetween superpowers which ended with thecollapse of the Soviet Union and the Eastern bloc.Afghan mujahidin felt like global players in the newinternational order and the concept of turaseemed to promise a way to solve global conflicts.But the military power of the commandersundermined the traditional hierarchy of Pashtunsociety as well as the concept of equality. At thesame time, numerous migrations brought millionsof Pashtuns into a socio economic environmentwhich was organised in a fundamentally differentway from their former village communities. Several

86 For details see Steul, Paschtunwali, pp. 229 ff.87 For details see Steul, Paschtunwali, pp. 226 ff.


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traditional values and rules of behaviour were putinto question by the Taleban, their fundamentalistinterpretation of Islamic law and a new art ofwarfare. Moreover, the civil war also changed thenature of relationships between the ethnic groupsof Afghanistan. Other groups gained in military andpolitical power during the war and in their eyes,the Pashtun tribes lost their traditional exceptionalposition within Afghan society. After 2001, a newpolitical order and a new constitution wereestablished with enormous foreign support. Thisnew order, self evidently, was crafted to respondto international expectations rather thantraditional values as expressed, for example, in theconcept of Pashtunwali. And besides all that, therising level of education among the youngergeneration is bringing new values into awareness,while modern means of communication areenabling the people of Afghanistan to become partof the globalised world with its globaliseddiscussion of values.

The question about the importance of Pashtunwaliin modern Afghanistan cannot be answered in anygeneral way.88 The transformation of the formaland organisational aspects of tribal life is moreobvious than changes within the system of values.Recently, a fundamental discussion of some of thechanges within Pashtun tribal society, which hadbeen caused by thirty years of conflict and thegradual collapse of the state, was presented byThomas Ruttig in his paper 'How tribal are theTaleban?'89 He argues quite rightly that mightoften trumps Pashtunwali and he cites manyexamples showing that the Jirga has lost much ofits authority and that it has been replaced by theless egalitarian shur , that intra tribal cohesion hasdeclined in strength, and that several factors standin the way of a coherent and continuous triballeadership. Thomas Ruttig does not confine himselfto the formal aspects of political and socialorganisation. Concerning the Pashtunwali as thecode of conduct of the Pashtuns, he argues thatmuch of it had been mystified, both by Afghans

88 For a discussion of the effects of the civil war on someaspects of Pashtunwali see Glatzer, 'Zum Pashtunwali '.Gender issues were discussed from a legal point of viewby Palwasha Kakar, 'Tribal Law of Pashtunwali andWomen's Legislative Authority', published by theHarvard Law School in the Internet onhttp://www.law.harvard.edu/programs/ilsp/research/kakar.pdf (referred to on 8 December 2010).89 See Thomas Ruttig, 'How tribal are the Taleban?Afghanistan's largest insurgent movement between itstribal roots and Islamist ideology', Afghanistan AnalystNetwork, http://www.aanafghanistan.org/uploads/20100624TRHowTribalAretheTaleban FINAL.pdf.

and foreign observers, and that much of what istold about it are idealised versions of a goldenpast.90 This is true because Pashtunwali, by nature,is an idealised picture of the Pashtun way of life.The idea that in former times all behaviour fulfilledthe demands of Pashtunwali is without a doubt anidealisation, but there is also no doubt thatPashtunwali itself presents ideals and that theseideals serve as values to be pursued as goals.

The ideal of the Pashtun way of life as presentedby Pashtunwali includes values, norms, customsand habits which for a fairly long time have beenheld sacred by virtue of tradition and which byvirtue of their imperative character are intended todetermine the behaviour of the individual and ofsocial groups in everyday life and in exceptionalsituations as well. Today, the value system ofPashtunwali competes with other systems ofvalues which have gained influence in Afghanistanover the last few decades. Indeed, the valuesguiding the behaviour of individuals or groups arelargely dependent on the demands of a particularsituation. Attempts to fulfil the requirements ofPashtunwali may remain a compromise from caseto case, yet among current competing valuesystems, the ideals of Pashtunwali still present anattractive and sometimes a binding option today.

90 Ibid, pp. 4, 7.

http://www.law.harvard.edu/programs/ilsp/research/kakar.pdf

http://www.law.harvard.edu/programs/ilsp/research/kakar.pdf

http://www.aan-afghanistan.org/uploads/20100624TR-HowTribalAretheTaleban-FINAL.pdf



ABOUT THE AFGHANISTAN ANALYSTS NETWORK (AAN)

The Afghanistan Analysts Network (AAN) is a non profit, independent policy research organisation. It aims tobring together the knowledge and experience of a large number of experts to inform policy and increase theunderstanding of Afghan realities.

The institutional structure of AAN includes a core team (currently consisting of three senior analysts) and anetwork of regular contributors with expertise in the fields of Afghan politics, governance, rule of law andsecurity. AAN will publish regular in depth thematic reports, policy briefings and comments.

The main channel for dissemination of the reports is the AAN web site. For further information, please visitwww.aan afghanistan.org.

AUTHOR BIO: LUTZ RZEHAK

Lutz Rzehak is a senior researcher and assistant professor at the Department for Central Asian Studies of BerlinHumboldt University. He graduated from St Petersburg University, then Leningrad, USSR, in 1985 and earnedhis PhD at Berlin Humboldt University in 1991. Currently, he teaches languages and cultural history ofAfghanistan and Central Asia. He published extensively about language development, social and cultural historyand folklore of Afghanistan and neighbouring regions. In one of his major projects, he collaborated in theedition of a Balochi Pashto Dari English dictionary that was published in Kabul in 2007 as a contribution to thedevelopment program for ethnic and linguistic minorities of Afghanistan.

© Afghanistan Analysts Network 2011.All rights reserved. No part of this publication can may be reproduced, stored in a retrieval system or transmitted in any form or by anymeans, electronic, mechanical, photocopying, recording or otherwise without full attribution.

http://www.aan-afghanistan/

lutz rzehak: doing pashto

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