Marakah and Women: Resolution of Elopement Cases through Customary law

Abstract

This study examined the marakah and women: the resolution of elopement cases through customary law. Marakah is an institution of conflict resolution. It is consisted on the notables of the areas i.e malaks, sardars, females of transgressor‟s family, females and religious fraternity who have the most prestigious authority in society and they are believed to be the most trustworthy and it is run by these notables. It is initiated and organized by the transgressor who breaches the secrecy of the family or the women. When a man manages to elope with a girl for the marriage, this act of elopement for marriage is considered the beaching the conduct and code of izzat of the girl‟s family, for this the Marakah is organized and initiated by transgressor‟s family to reconcile with the girl‟s family and to convert the enmity to friendship and normalcy between two families. This anthropological research is designed to investigate the structure of marakah and process of resolution of elopement cases. Marakah is an indigenous legal system which is used for resolution of elopement cases. This study is the output of fieldwork in the area to study the process, culture and mechanism process to reach the final decision of marakah and resolution of izzat and honour related issues. Research data shows that notable elders of the area (malaks, sardars, nawab and religious personalities and respectable members of society) initiate marakah along with female, sheep or ox and sit on starvation at the house of mateeza for at least four days to get peaceful forgiveness with fine for maleeloper. This case of izzat which is commonly known in literature as matter of ghairat or honour is solved peacefully by marakah. study revealed the difference the practice of ghairat and izzat with the help of fieldwork which is locally practiced