Section 1: Introduction: Theory and Concepts Scope of the study:

This study is an attempt to analyse the existing literature on the social, cultural and religious customs regarding Punjabi women. The first part is theoretical which deals with the significance of the social, cultural and religious customs and the roletbey play in the lives of communities. The second part examines the literature of the British period which includes administrative and official records on social, cultural and religious customs of the various tribes, castes and communities. It will also observe the role of customs and mores in the behaviour and attitudes of the people. The third part of this study analyses the literature which was produced after the partition of 1947 with the intention to Irighfight the cultures of the various provinces of Pakistan. The fourth part is based on the reports of the •various women's NGOs, who have either published or prepared reports on the different aspects of the Pakistani women. However, the paucity of material and the need for a systematic study is greatly felt,

Introduction:

Before discussing the definition of socio- cultural and religious customs, it is necessary to understand the framework in which these customs originated and which consequently undermined the status of women in society.

'With the patriarchal family we enter the field of written history' (Marx, Engels: 234: 1976). The monogamous patriarchal family ^was the first form of the family based not on natural but on economic conditions, namely on the victory of private property over original naturally developed, common ownership' (Marx, Engels: 239: 1976).

Simply defined patriarchy is the rule or control oTthe father over women, young girls and boys. Maria Mies extends the definition of patriarchy by saying that today male dominance goes beyond this rule of the father to include husbands, male bosses, ruling men in most societal institutions in politics and economics. She contends that historically patriarchal systems were developed at a particular time, by particular people in particular geographical regions. Their main mechanisms of expansion were robbery, warfare and conquest (Mies: 37:1994).

There are two interpretations regarding the emergence of patriarchy: the Marxist and the Feminist. Engels points out that the emergence of surplus and growth of male inheritance transformed the relationship between men and women. The system of

private property transformed women's role 'from an equal partner to a subordinate wife'. Class exploitation and sexual repression emerged together to serve the interests of propertied class. Strongly influenced by evolutionist thinking, Engds separates earlier stages as pre-history from actual human history, which, according to him, begins only with civilisation. Tins means that it begins with fully-fledged class and patriarchal relations. Engels is not able to answer the question how humanity then jumped from pre-history to social history, moreover, he does not apply the method of dialectical materialism to the study of these primitive societies which have 'not yet entered history'. He thinks that the laws of evolution prevailed up to the emergence of private property, of the family and the state. Moreover, the Marxists conceive of the 'production of new fife' as a ^naturaT and not an historical fact. On the other hand, the feminist interpretation is that patriarchy is the outcome of an historical phenomenon. It contests the Marxist view by saying that the social relations of patriarchy emerged when the mother gave birth to achild and reared the «hild; giving birth to a child and feeding it was a truly human i.e. conscious social activity. Patriarchal relations developed with women's and men's object-relation to nature. Women's relationship with nature was productive while that of men was destructive. Tools such as spear, bow and arrow, axe and hammer, used by men were purely for killing purposes, whereas women used tools such as a hoe or a digging stick to cultivate land and to gather plants (Mies:50, 53: 1994).

Historically, vath the emergence of patriarchy the social status of women was subordinated to men. Historical evidence suggests that men dominated women with their coercive weapons. When the pastoral nomads domesticated and bred animals, they discovered a new mode of production. Female animals were subjected to sexual coercion to increase the herds. The institution of private property completely enslaved women; they became responsible for producing heirs to the property and keeping the family line in continuity. Their work was to procreate, nourish and train the male issues for the sake of the family, she was regarded as cattle, as breeders. It is plausible that the establishment of harems, the kidnapping and raping of women, the patriarchal tines of descent and inheritance were part of the new mode of production. The agriculturists used female slaves for they were productive in two ways; as agricultural workers and as producers of more slaves. The feudal and capitalist systems modified the means of violence and replaced them with institutions like the patriarchal family and the state, the manager, and also powerful ideological systems. Above all patriarchal religion, law, medicine have defined women as part of nature to be controlled by domination of men. New lands were acquired by feudal lords and the bodies of women did not belong to themselves but to their lords. Women were the inexhaustible reservoir of human energy. Under patriarchy the socio-cultural and religious customs were developed to further family interests, to exploit women and to use them politically (Mies: 36: 1994 & M. Ali: 1996).

Thus 'the victory of private property' led to the formation of the monogamous family where man reigned supreme and the property, by producing an heir^ remained within the confines of the family. But marriage was also 'a burden, a duty which had to be

  performed, whether one liked it or not, to gods, state and one's ancestors'. Therefore practices of hetaerism, prostitution and adultery coexisted with ^nonogamous marriage. However, hetaerism was to the advantage of men. It was condemned in words. In reality women were accused, despised and regarded as outcasts. At the same time adultery became an anavoidable social institution denounced, severely penalised, but impossible to suppress (Engels: 22, 23: 1977).

The institution of marriage was fully utilised for the sake of the preservation of the family where girls were forced into undesirable Tnarriages to maintain amiable relations with an enemy family. This was possible because of the various sacrifices made by women. However, these sacrifices failed to raise the status of women; they remained subordinated. History is replete with examples of royal princesses being married to the conquerors after defeat in order to inaintain diplomatic relations. For example, Baber's sister, Khanzadah, was married to the Usbekidng Shaibani Khan in a deal to allow the besieged Baber to escape from Samarqand. Also, Mary Louis, the Austrian princess married Napoleon against her wishes to save the kingdom from his hands. Women were also given as gifts, especially conquered tribes presented their girls to the victors. In the Eskimo tribes there was a custom to allow the guests to sleep with the wife ( M.AII: 9, 10; 1996).

Patriarchy moulds itself according to respective cultures and communities. Patriarchy also creates a division between the public and the private, between 'world' and 'home'. It is actually a gender division, the public world being male and the private world being female and it is one which affects women most profoundly. Patriarchy underestimates the capabilities of women. It pays them less for doing the same work. It tells them that girls are difTerent from boys in every way, not only biologically but also temperamentaHy. It also places a high value on virginity and purity. It Imposes chastity ^n women as the highest virtue. And yet it is patriarchy that tells men that they can beat, abuse and rape women. In fact it tells them that it is their own fault if they are raped, beaten or abused (Abeyeskera: 14, 15: 1995).

Patriarchy has established a system ^f control over the world that places more men than women in positions of power and authority. Patriarchy is visible in the structures of the institutions that guide and govern our lives-within the family, at school and universities, in church, temple and mosques; in marriage and the work place, in the factories and in the fields, in the state and in the institutions of local government; in the armed forces and in the civilian defence squads; in the mass media, in the courts oflawdbid).

Patriarchy socialises women so that they accept hierarchies and other structures of power and control without ever daring to question them. Patriarchy uses-violence and the threat of violence in many overt and covert ways in order to maintain its hold on power (Ibid).

  However, it would be enconragmg to have an optimistic approach towards the struggle against patriarchy. "Patriarchy enables us to link our present struggles to a past and thus can also give us liope that there will be a future. If patriarchy had a specific beginning in history itwn also have an end" (Mies: 38: 1994).

Concepts:

Socio-cultural practices evolve in a community to maintain unity and cobesiveness among the members. They are based on social Ties, economic relations, environment, climate and gender differences. Shared social customs are transmitted from generation to generation, ^hich provides an imbroken channel of continuity with past (Darling.'3:1980). Customs make a community organised for a purpose.

Social practices are mundane and basically pragmatic. A society, by keeping its customs in practice, produces and sustains primary values, benefits, attitudes and motivation (Darling^, 4:1980). However, some of the customs have class interests to subjugate lower classes and castes. Male culture is presented at the expense of individuals, especially female.

Socio- cultural practices have more appeal for the people than religious customs or laws. Especially in the case of conversion, the foreign origin religions fail to change their behaviour. For example, "The Musalman RaJput, Gujur, or Jat is for all social, tribal, political and administrative purposes exactly as much a Rajput, Gujur or Jat as his Hindu brother. His social customs are unaltered, his tribal restrictions are unrelaxed, his values of marriage and inheritance are unchanged.... The fact is that the people are bound by social and tribal customs far more than any rules of religion" (lbbetsan: 14; 1986). Sometimes a compromise is made to amalgamate religious ceremonies and symbols in socio-cultural customs. In other words, customs and religions interact and reproduce each other.

There is a difference between customs and laws. Customs originate within a community and the whole community participates in their formation. Customs evolve in a society through social activity of the people. Laws, whether divine or secular, need an authority to implement them; the implementation often relies on coercive methods. Laws also vary from government to government, whereas customs are formed over a period of centuries and are thus enduring. Hence, customs have more power, influence ^nd respect among people than laws. ff anybody raises a voice against them, be/she is boycotted, expelled and excommunicated. In the Medieval period it was a serious crime to question a custom and inade the member defenceless against all odds. Survival of the individual without the help of the community would be difficult. History suggests that laws were unable to have any effect on social practices. For example, when Akbar passed the law against the custom of sati, it remained ineffective. However, the Brahmo Samaj movement against sati in Bengal, led by Raj Ram Mohanroy, was successful in abolishing the custom and hence made the law passed by the British government against sati effective.

  As a result of the evolution of customs a system is shaped and solidified which includes knowledge, belief, art, morals, laws, and habits. It becomes obligatory for every member to follow this system. They are part of the identity process. Shahida Latif observes that "most religious and cultural systems in the world endeavour to control men and women's lives and activities in order to ensure the continuity of a society" (Latif: 7:1990).

Customs and Identity:

As each community evolves its own socio-cultural customs, they become its essential part. By maintaining and following the customs, the community members feel proud and sometimes distinguish from others. This sense of identity provides a source of unity and integrity. Abner Cohen remarks.' "Ethnicity awareness will produce homogenisation of internal society and cultural values in order to increase interaction within the group while resisting homogenisation with other groups. This requires the creation and utilisation of myths , beliefs, pressures and sanctions. Diflerent elements are employed which become so interdependent that they seem an integrated ideological scheme" (quoted by S. Latif: 6: 1990).

Whenever a tribe or caste asserts its identity, socio-cultural customs and traditions are revived and strengthened. Especially in the process of modernisation, when all socio-cultural differences are merging in a global culture, the fear of losing identity creates an urge to preserve particular customs. Under such pressures some old, outdated and defunct customs are reborn to keep identity intact. Thus, identity and socio-cultural customs have deep affinity with each other and women become symbols of culture and tradition and identity.

Women and Customs:

As most of the socio-cultural and religious customs are related to women, they become the custodians of these customs. Owing to meagre or no access to education and lack of exposure to the external environment, old customs and practices are deeply embedded in the psyche of women and men. They trace their legitimacy from the past. Any change is regarded as blasphemous and an insult to their ancestors, who bequeath those customs to them. To abolish them means to end the continuity and to deprive them of their identity. These socio-cultural practices provide motivation and inspiration to them. This makes them defenders and protectors of their customs, especially those which are related to rituals and ceremonies such as birth, betrothal and marriage. It also helps in creating female bonding.

Change of Customs:

However, socio-cultural customs never remain static. They change in spite c^ efforts to preserve them. "Human beings sought to preserve a familiar stage of lif^ unless

change was forced on by factors that were beyond their control" (Trigger; 290: 1993). As earlier pointed out, every society contains within itself the forces of change and resistance. This antagonism of factors produces energy that forces society to alter its norms and mores. The internal and external forces of change   disintegrate established customs and either completely wipe them out or drastically change them. Changes occur as a result of technological development; demography and the economic relations which affect the concepts of property, family life, laws, practices, customs and beliefs.

However, it is evident from history that the pace of change is much more rapid in urban centres than in rural areas where change is resisted and old practices and traditions are preserved. Thus in any society change is uneven. Some areas become more developed while others remain underdeveloped. Accordingly, socio-cultural and religious practices vary from area to area.

Tribes and castes who identify themselves with their traditional practices conserve them in order to retain their individuality. The tribes which are located in remote areas and have less contact with urban areas adhere to their old practices. Their folk tales and stories gloria customs and institutions. Even anthropologists, historians and intellectuals cherish their traditional values.

In Punjab there is a difference between urban and rural areas in observing socio-cultural practices. Rural areas are more conservative than urban areas. However, recently, there has been a resurgence of tribal identity, which is evident from the inclusion of tribal names as surnames and reconstruction of tribal history. It is in the interest of the feudal lords and tribal chiefs to preserve and solidify existing practices because in doing so they retain their privileges and leadership in the tribe or community. The customs are evolved in their favour to maintain their overlordship. Therefore, they give importance to those socio-cultural practices which were dormant or obsolete. The retention of tribal pride becomes a cause to revive the old practices. As a result, women become the victims of the new revivalism.

Shariat vs Customs:

After conversion to Islam, most of the non-Arab nationalities kept their ancestral socio-cultural practices intact A crisis was created wJien there was a clash between Shariat and the customs. Tlie orthodox ulema condemned the customs known in Arabic as 'Urf and exhorted people to abandon them as un-lslamic. In most cases this appeal was unheard since those customs were strongly ingrained in the psyche of most people.

In India there was a long unresolved conflict between Shariat and the local customs. Not only the local Muslim converts but the foreign origin Muslims also adopted the customs, especially the customs which were observed at the time of birth, marriage and death. Women technically observed them in spite of the warning of the ulema.

Throughout Muslim rule in India, the ulema lamented against the Hindu practices which were adopted by the Muslims (All: 146: 1996). la spite of all their efforts, the ulema failed to purify religion from Indian customs.

Customs and Legislation:

As most of the socio-cultural practices in India evolved under patriarchal systems, they were detrimental to women and undermined their role in the community. In spite of the Muslim rule in India, the rulers never made an attempt to implement Shariat fully and preferred to observe secular principles in organising the State and its policies. However, the various local converted tribes, castes and communities restored their customs concerning women and their social organisation.

These practices were not in favour of women, deprived them of their basic rights and made them completely dependent on men. No attempt was made during this period to improve the condition of women. However, in the British period reformist movements among the Hindus and Muslims highlighted the plight of the Indian women and concentrated their efforts to reform the customs through legislation.

The dilemma of the Muslim community is explained by the census report of India 1901. "The feeling among the Muslim communities was that due to the assertion of customary laws, the right of Muslim women had been eroded. However, there was no clear consensus within the community on how this could be resolved. "( Latif: 63; 1993)

As a result of this variation, some of the regulations which were passed in favour of women were not fully appreciated by the different Muslim communities. For example, the Shariat Act of 1937, which overrode customary laws and gave right of inheritance to Muslim women, was not accepted by the majority of the Indian Muslims. They continued to settle the matters of inheritance according to the local practices and conventions (Lakhandwala:71:19^7). ^Similarly, the case of early marriages was supported by them and it was claimed^ that it was not against the Islamic teachings and therefore should not be legislated against. They further argued that the spread of education and social awareness would automatically raise the age of marriage. Hence, legislation was not required to change the age old practices. The same thing happened to the Dissolution of Muslim Marriages Act 1939. State, Custom and family collude against women.

Thus, the attempt to abolish those customary laws which were against the basic rights «f women, was not replaced with social legislation for two reasons. Firstly few Muslim communities preferred to abandon the customary laws and ignored the legislations as antithetical to their traditional system. Secondly^ women were not in a position to assert their rights and demand the implementation of the laws. However, it was one step forward as these legislations recognised some of the basic rights of women.

Section II: Colonial Period Customary Laws:

The British administration, after its annexation of the PunJab in 1849, briefly described the socio-cuUnral and religions practices in the Village Administration Papers. Later on due to their administrative requirements, a detailed study of customary laws of each district of the Punjab was needed. These reports were based on the questionnaire which was used by the administrators to examine the customary laws of the Hindus and the Muslims separately. They were revived from time to time to study the changes in them.

As these customary laws were the basis of the social organisation of the tribes, castes and communities, the policy of the British government was not to interfere m them. According to Shahida Latif: 'Those measures were designed to ensure the preservation and expansion of British interest by streamimingthe administration and recasting it to the convenience of the new rulers' (Latif:23:1993).

The failure of the Reform policy of the British administration of the 1830s and the occurrence of the 'Mutiny' made them very sensitive to making any attempt to change these from above. The motive of this study^ however, was to understand the different patterns of customary laws organising tribes, castes and communities in the Punjab. It helped them to administer and rule over them.

The customary laws relating to women which are mentioned in these reports are: betrothal, marriage, divorce, dower, resumption of marriage, number of waives, widow, inheritance, rights of daughters and their issues, sisters and their issues, abduction, special property of females, wills and gifts. Hindu and Muslim communities shared some of the customs but there were dilTcrences as well. The author of customary law under xxi, observes:

"The Muhammadan law governs questions relating to marriage and divorce. The Musalmans' and the Qazi's decision in these questions is absolute, although the details of marriage ceremonies and betrothal are based on customs. But in all questions relating to property, customs based upen i^er^tance by ^gnatjc relationship is followed" (Kaul: 10:1908).

The information on the customary laws, which is collected district ^s^, ^ conietee and brief. No attempt is made to discuss the historical evaluation of t^^ ^peio-cultural practices and their positive and negative impact on the Kfie of comi^wnity. In the revised edition, if change in any practice was related, it was simply pointed out without analysing the reason for the change. We also find the differeire^s ¹ practices and customs from district to district but these differences were minor and'ftfrt radical. The motive of the British administration to compile these customary laws 'appears to

be to understand the social set up of communities in order to formulate their administrative policies.

By the Punjab Laws Act of 1872 customs govern all questions regarding succession, betrothal, marriage, divorce, the separate property of women, dower, wills, gifts, partitions, family relations such as adoption and guardianship, and religious usages or Institutions, provided that the custom be not contrary to justice, equity, or good conscience. On these subjects the Mohammadan or Hindu law is applied only in the absence of customs,

From the study of this compilation it also appears that the socio-cuUural and religious practices and customs upheld the hierarchical system and strongly retained the bond of kinship. Under this system, women remained undermale tutelage throughout their lives, from their birth to death. The structure of the family made them dependent upon their male guardians.

In the case of betrothal it was recorded that in every district it was the practice that the elders of the family decided the fate of the ^iri. Only in the case of a man, if his father was not alive, could he consent to about his betrothal. The girl, in any circumstance, was not allowed to express her consent (C.L. aii:8:1916). Betrothal could take place at anytime after the birth of the girl. The only condition was that the girl should be younger than the boy (I bid: 8).

Girls were generally married within a family. The concept «f a family consisted of a group of agnate descendants from a common generation through males. If a girl married outside the family, she severed her relations with her father's family and became a part of her husband's. Descendants of females were not included in the parental family (C,L. voLxii: 3:1908).

Girls were married from age twelve to fifteen (C.L.voLxx: 3:1903). Marriage with a brother's or sister's son was preferred in order to safeguard the property (lbid:3).

It was also a practice that on the death other husband, the widow usually married his brother. If there was no brother, she married someone from the 'biradari' (lbid:24). In this case differences of age played no role.

The practice of 'Watta Satta' (exchange of girls) was prevalent in afl districts of the Punjab. The custom in MuzafTargarh was known as the Ambo Samhava, in which each party betrothed his girl to the boy of the other party's family. The second was known as Trebhang, in which three brothers were married in exchange with one another. The third was known as the^hobhang, in which four brothers were married in exchange for their sisters. In the case of 'Watta Satta' it was customary to make a contract on the basis of equal status of families (C.L.vol.-xx: 15; 1903). There were also some relaxations in 'Watta Satta'. If the other party had no girl in the family, the cash payment was made instead (C.L.xx:2:1903).

In the case of divorce, religious and local practices were exploited. The husband had the right to divorce his wife according to Islamic practices, but the wife also had the right to ask for divorce in case of her husband's impotency, or the contraction of some incurable disease. In the case of change of religion by either party, marriage was dissolved without formal divorce. In the local practice if a woman required divorce, she had to relinquish her 'Mihr' (dower) or pay some amount to her husband. This practice was known as 'Lunda'. There were instances that in such cases Rs 50 or 40 or an acre of land was given to her husband (C.L. xx: 18,22-23:1903). A divorced wife had no claim against her husband either for maintenance or for a share in the property (C.L, xiii:17:1916).

There were variations in matters of 'Mihr'. The amount also varied. It was either according to Shariat or one gold 'Mihr' or more. The wife had the right to demand it whenever she liked. It was customary that ornaments which were presented to the wife at the time of marriage were taken as Mihr (c.l.xh: 17,18:1908).

In matters of inheritance, religious laws were not followed. Women were excluded from property inheritance. According to the customary law report on Lahore district: the Sayyids, Sheikhs and Kashmirs of Lahore and Khojas of Kasur, who had no landed property, followed Islamic regulations in matters of inheritance. Otherwise in the presence of male descendants, daughters were excluded. A widow was not allowed to have any share if her sons were alive. If the sons were not alive, or she had no sons then she would inherit the property of her husband. If she remarried then she had to relinquish her property rights. She also lost her right ifitwas proved that she was unchaste (C.L. xiii: 31, 32: 1916; C.L.xx:4, 5:1903).

In practice a widow could become the guardian of her minor children as long as she did not remarry. Even marriage -withm the family retained her right, but in case of marriage outside her family, she ceased to be the guardian (C.L. xiii :23:1916).

As far as adoption is concerned, there is no scope in Islamic law, butJn some districts the Muslim communities were also allowed adoption to safeguard their ancestral properties.

The mention of two important practices is missing from these reports: the custom of 'jehez' (dowry) and the observance of 'purdah' (veiling). However, it mentions the practice of accepting bride price.

In 1854 a census was conducted in the Punjab which covers, besides other information, prevailing socio-cultural and religious customs. Later census reports in the nineteenth and twentieth centuries contain more information regarding the society of the Punjab.

Glossary of Tribes and Castes:

In 'A Glossary of the tribes and castes of the Punjab aad North- West Frontier Province', which is based on the census report forthe Punjab 1883, there is a chapter on 'Rites and Ceremonies' separately dealing   with the Hindu and Muslim communities,

It deals with those socio-cultural and religious practices which were associated with birth, betrothal, marriage and death. These practices were common in both Hindus and Muslim communities. But the Muslims differentiated their practices by inserting Islamic elements. The most important stage in a woman's life was to giv« birth to a child. From the beginning, women had to go through several rituals to give safe birth to a child, and -to keep the new born away from evils. The birth of a child was a symbol of fertility in an agricultural society. The high rate of infant mortality and lack of medical care gave rise to rituals and ceremonies to protect women and children. Superstitions and religious practices were integrated to give them sanctity. The glossary reports that, 'As among Hindus, delivery is usually affected on the ground, the mother being made to lie on a quilt with her head to the north and her feet to the south. She thus faces Meeca'(Glossary:763:1911).

The reaction to the birth of a boy was different to that of a girL In the case of a baby girt some grain was put in a black "handi" (pot) and it was given to the midwife. However in case of a baby boy, she was given a rupee( Ibid: 763). Just after the birth, a "mullah" was caHed to say "Azan" in his orherTight ear and "takbir" in his w her left ear. Even after that the mother was not relieved, but remained under strict supervision. ' For six days themotherisTiever left alone, partly to keep away the evil spirits. Amongst the well to do a lamp is kept burning continuously for forty days'dbid: 765).

Sometimes just after birth, girls would be betrothed. In this case the mother of the boy would drop one rupee in an earthen pot (thikri). This made the engagement irrevocable. It was known as "Thikri Ki Mangni" (lbid;7(>8). The motive behind this practice was, probably, to strengthen the relations between the two families. There were a number of cultural practices which followed the birth of a child. The mother and the child had to undergo all these rituals for the sake of safety.

The ceremony of betrothal played a very important role in a family. It signified the transfer of a girl from the parent's family to the husband's. TherefOTe, several rituals and practices were observed to make the girl a part of the bridegroom's family; to confirm the agreement, a ring, a ^chadder", and some ornaments were given lo the girl. They were Imown as "Nishan". After confirmation "Dua-i-Khair"(prayer for goodness) was Tecited. The mingl]^g of these cultural religious practices made the occasion sober as well as coloui^i)(Jfoid: 808).

The "irikah" was solemnised according to religions tenets. It followed a number of social and cultural observances. For example, 'on the morning after the "nikah" the bridegroom and "shahbala" with their companions are feasted on "khir", a usage called 'Kanwar Kalawa'. This follows another ceremony, "After this sugar on a plate is set before the bridegroom and he puts some Tnoney into the plate- an observance called 'Sulu Arta'. The bride and the bridegroom then sit before each other and an earthen plate full of water is put between the pair which contains a silver ring, a nut and some coins." Both then scramble for their rings in the plate and the one who gets the ring wins. 'This was known as 'Juwa Khelna' or to gamble' (Ibid: 815).

The ceremony of 'Aina Mashuf was mingled with religious symbols to give sanctity to its performance. 'When the pair sits down, a covering of silkw shawl is spread over them. First of all an open 'Quran* is put Into their hands as a token of blessing. Next a looking glass is given to the pair and for the time they see each other's face in if (lbid:831-32).

The practice to display the dowry wasa^ common. The contents of the dowry were dependent on the financial status of the parents. Rich and well to do parents ofTered more to show their wealth and family pride. 'Rich folks, th order to be well spoken of, give 101 clothes, 40 pieces of cloth, Rs 100 in cash, a palanquin, a box, a small wooden box, utensils, gold and silver ornaments'(lbid: 827).

There is no evidence that the bridegroom demanded the dowry of his choice. It depended on the resources of the bride's family to present what they considered best for their daughter.

Most of the socio-cultural practices originated from the agriculturist society of the Pui^ab. The rituals, ceremonies, and customs which were observed at the time of betrothal, marriage, and birth indicated their significance in society. They led to the setting up of another family with the expectations to have more children for a prosperous life. The fertility of the" woman was regarded as important for the family. Infertility was shameful for the woman. It was her responsibility to produce heirs for the family.

Most of the religious practices observed were intended for blessing and sanctity. The motive was to make the match successful in life. Those ceremonies and celebrations also provided an opportunity to teHthe members of the bride to participate, to bwy their differences and to strengthen the bond oflanshap.

TJie impact of those socio-cultural and religious practices on the woman was to determine her status, which was decided by the society^ndlegitinrisediJy rituals and ceremonies. She^iad to depend on male protection and bad no rights. It appears that divorce was very rare. The reasons were^he involvement of families, expenditure, and, most important of all, the submission of women. The other factor in the prevention of divorce was the opportunity for a man to marry again and to have two,

three or four wives. The first wife had to accept her fate as she had no place to go. Moreover, religion allowed polygamy to which women could not object Also, family honour restrained her 'Khula' from demanding. Financial consideration also forced her to accept her fate.

The chapter on 'Customs and observations' in Wikeley's book 'Punjabi Musalmans' (1915) deals with some of these practices which are not mentioned in the Glossary of Tribes and Castes. Regarding marriage he observes that either marriage took place within the family or in case of outside the family or tribe, higher status was chosen, especially, the husband's family should be either equal or higher in status (Wikeley;35:1915). High status of the male guaranteed the nobility of the family.

Although there were no restrictions on solemnising a wedding, it was forbidden during the month of Moharram, on the Ids, during the first thirteen days of the month of saflar, and 3rd, 8th, 13th, 18th, 23rd and 28th days of other months (lbid:39).

Widow marriage among the higher castes and families was not regarded as favourable and considered a 'sin of good hearing' (lhid:30). Although religion sanctions widow marriage, social practices overruled it. This highlights the power of patriarchy and property.

'Purdah' (veiling) was observed among the affluent families; the Sayyids and the Qureshis were particular to maintain it in their family (lbid.'40).

The Muslims followed Hindu practices in relation to inheritance. Succession of landed property was regulated by two rules. Pagribund, when the property was divided equally among the sons; 'Chadarband\ when the property was divided among the wives so that the offsprings of each "wife could get an equal share. However this was in the case where the deceased had more than one wife. The practice prevented disputes among the heirs belonging to different wives.

When a widow didn't have any son, she could inherit the property which later on would ^o to the daughter or to a distant collateral male line. The daughter rarely got a share in landed property. Only in cases when the father gave her a share during his life or she got a piece of land in her dowry did she have property (I bid: 42,43). This shows that if ever she got a share it was not because of her right but as a favour.

The Imperial Gazetteer of India (Punfab vol. l& 2) and the District Gazettes of the Pui^ab also contain material on socio-cultural and religious practices. The Gazetteer of the Lahore District describes the confinement of^vomen in their houses and their entanglement in household work, which has become a part of social norms. On the position of women ^nrongthe agriculturists it isinentioned that 'they are used more as domestic servants than as companions of their lords and masters; their time from morning till night is fully occupied in sweeping the house, grinding corn, milking the

cows, churning butter, warming it to convert it to 'ghi’, cooking and carrying food to their relations working in the fields, fetching water, making thread from raw cotton for home consumption, sewing, picking cotton from the plants, collecting vegetables; and in the harvest time they often thrash the corn for daily use, manufacture fuel by drying cowdung in cakes, carry flour to large villages, where they barter it for chillies, salts etc.; these and various other occupations take their entire time, and it is a rare thing to find a cultivator as a bachelor, for without such a helpmate, his work m the field would be much retarded. The higher functions of the wife, however are not unknown. In addition to the duties already detailed, she generally keeps the household purse and endeavours in every way to prevent her lord from extravagance. She also has the management of family marriages; and if a clever woman, her husband, if only for his comfort, has to keep her in good humour' (Gazetteer of the Lahore District 1883-84:1989).

Parakash Tandon's 'Punjabi Country'^1961) interestingly points out the transformation of the traditional Punjabi society up to the colonial period. Although the detail of the socio-cultural practices is related to the Hindu society, it gives an insight into how change has taken place in the Puiu^b.

Denzal lbbetson's 'Punjabi Castes' is a mine of mformatioa on the social structure of Punjabi tribes and castes. It provides an insight into the evolution of socio-culturai customs in different tribes and castes and how different branches of these tribes retained their traditional customs even after conversion to Islam. The information also leads to the conclusion that once socio-cultural customs become a part of tribal social organisation and a matter of pride, it becomes difficult to change them. Religious sanctions and different acts passed by the government failed to uproot them.

'Muslim women in Punjab' (1872- 1947) by Dushka Sayyid is under the process of publishing by the ASR publication Lahore and is expected to be ready by 1996- 1997 It appears from the brochure of ASR a women's NGO, that it deals more with the women of upper class and middle class rather than rural or peasant women. It also looks into the process of the politicisation of women «nd their struggle against the socio-cultural and religious practices which hampered their emancipation.

The socio-cultural and religious practices which prevailed in the Punjab during the 19th and early 20th centuries are carefully recorded in the reports. They help us to understand the status and subjugation of women in society. We find that traditional family structure was hierarchical and male-dominated which curbed the independence and rights of"women. It was generally believed that the male-elders had more wisdom as they were more experienced and knowledgeable. Therefore, it was incumbent upon young girls and women to recognise their authority and follow their

decisions. Women were expected to be virtuous, submissive and obedient, so in the case of their betrothal and marriage, they played no role. Everything was decided by their elders. Restrictions and the rigidity of the family structure strangled their intellectual growth so much so that they accepted their status as natural.

The custom of early marriage proved a great impediment in a woman's progress. She got no opportunity and time to educate herself or to be professionally trained. Education was thought to be useless for a woman as she had to stay at home dependent on men. Illiteracy and lack of social awareness led to her domestication. The birth of children at an early age affected her health. Housework confined her horizons to the walls of the home. Even the sources of enjoyment and amusement were limited and rarely could she express her joy freely.

It has been argued that lack of education is one of the main reasons for a successful marriage. As an uneducated woman she is unaware other rights and so accepts male dominance without any challenge. Under the fear of violating the socio-cuitural practices, she succumbs to the desires and authority of her husband. The marriage might appear successful from the outside, but the insidious details are often not ascertained. Divorce and separation were dishonourable acts and put a woman through immense torture. A divorced woman had no place to go. Neither the father's family nor the husband's family would accept her after divorce.

In the practice of 'watta-satta' a woman is regarded as a property. Its purpose was to strengthen the relations with the other family and the woman was given in exchange like a commodity. The practice perhaps originated in those tribes where the ratio of women was less than men. In some cases it was the only way to get a wife in exchange for his sister or some other girl from the family. Generally in watta-satta the age of both the boy and girl was not important. However, the exchange took place between families of equal status.

The family following the practice saved cash, which they had to pay if the girl was not available in the family. However, evidence suggests that girls in both families were regarded as hostages. In case of maltreatment of one, the other had to counter it. The practice of 'watta-satta' definitely put the fate of the two wives in serious jeopardy. Unfortunately the practice has not yet taught any lesson and it is still followed with its negative results.

Socio-cuitural and religious practices never provided financial support to women. 'Mihr' (bride money) which was fixed at the time of marriage gave no guarantee for financial independence to women. Generally Mihr was fixed in the light of religious practice which is a negligible amount. Only the well-to-do kept high mihr to show off their wealth. It was also a general practice that gifts and jewellery presented to women were considered as part of the mihr. In practice, however, mihr was rarely paid to the wife. She was persuaded to forego her right in favour of her husband which was regarded as a virtuous act. Though religion allows the deduction of the

amount of 'Mihr' from the deceased husband's property, sociat pressures forced her to surrender her right upon the death other husband.

As far as inheritance was concerned, she was disinherited, although religion allows her a share in the property. But here social practice was followed. In an agricultural society land, is the source of production and wealth. It keeps the family's identity. As a girl were not considered a part of the parent's family but that of the husband's family, as an 'outsider' she was not allowed to take her share outside the family. It was also in the interest of the British adnnnistration to keep landed property undivided and therefore the Land Alienation Act (1901) protected landed property and saved the feudal class from annihilation. Hence the feudals supported the British interests. In the absence of a male successor she got the legal right over the property but had no social recognition. Even mere possession of a piece of land gave her no control over its resources (Agarwal: 14:1994).

The argument put forth rests on the fact that the stability of the tribal Punjabi kinship depended on the exclusion of women from their father's property. This social structure served the British interest so they defended it As Agarwal points out women's interests were subordinate to political interests (Agarwal:228:1994). Even the introduction of the Shariat Law 1937 which abrogated the prevailing practices and customs in favour of the Muslim Personal Law, excluded from its purview the agricultural land which continued to be governed by social customs and practices (Agarwal;230; 1994).

Section: III

Post Colonial;

As pointed out earlier, the codification and assessment of the socio-aittaral and religious practices and institutions was done during the Colonial period for administrative Teasons. It was required that after the tndependence a new study should be made to restructure society. It had the intention of bringing reforms regarding women who were the victims of these practices. The only worthwhile book is written by Irshad Punjabi entitled ^Punjab Ki Auraf (Punjabi Women). Irshad Pui^abi was not a historian nor was he a sociologist or an anthropologist. He was a man of letters. He collected immense material regarding socio-cultural and religious practices which are prevailing in the PuBQab with the help of folk lores' songs, and proverbs. Irshad Punjabi's weakness is his romanticism. He adores every custom, glorifies every ceremony and abhors change. He firmly believes in the preservation of traditional values. Whenever he observes change he laments. He does not want the romantic village life to disappear. The result of this romanticism is that he fails to detect the plight, misery and woeful condition of women. He accepts the role of women in society, which is determined try traditions. He sees everything from a distance and romanticises it. To him, the songs sung by women in the early morning while they are grinding wheat appear beautiful. But he fails to consider the agony of women in waking up early in the morning to do their tedious work, which is considered shameful for men. He is not pleased with flour mills "which replaced the 'chakki' and relieved women from hard and boring labour.

He supports patriarchy and considers the tutelage of a male important for female protection. Brothers give 'Dupatta* to their sisters to signify their support. A girl with seven brothers is known as 'Sat Barai' (seven brothers), and it is a matter of pride.  Girls  without  toothers  are  regarded  as  being  protectionless (Pumabi: 176:1976). He prefers to use the traditional term of 'Poke' instead of 'Mefee', the family of girls' parents, because 'Poke' represents father which is more natural than meke which identifies with mother (lbid:417).

There is great detail of those customs and practices which give a realisation to girls that they are a burden to their families. Tlie birth of a girl is not "welcomed as is indicated by two Punjabi proverbs: ' daughter js an unwelcome guest' and 'as soon as a giri is bwn you hear lamentation from every side'. She is regarded as 'amanat' or the property of others. She is guarded and protected so as to hand her over to her filture husband as a blameless virgin (Punjabi: 314:1976). She is trained in household work and deprived of education. Education is considered a bad investment since the family doesn't get any benefit out of it

It appears from PHujafci's descriptron that parents have to give something to their daughter on all occasions even after marriage. These practices are known as 'Maldaway', "Tarwenday', and 'Satwendy'. Parents have to give either in cash or something in kind. Another such practice is called 'Wartan Bhanyi' in which all the relatives of the girl give something according to their status in relation to the married girl (Ibid: 147,149). If the family of the girl ^ives more gifts, she is called 'a girl having strong back' to mean background (I bid; 150). These practices even though they keep girls in contact with their families, become an unbearable burden for the parents; especially if they are poor. The girl's status In law is also determined on the basis of what she gets from her family. Traditions do not allow accepting anything from the daughter. Even parents and brothers avoid eating at her house (Ibid: 164).

The socio-cultural practices observed on the occasion of marriage indicate the status of women. As soon as the girl is betrothed she is called 'Mang'. It means that she has been reserved for somebody. After the fixation of the wedding date red, white and yellow threads are sent to the relatives to convey the message of their ties. Once the date is fixed, the girl is not allowed to leave the house. This was known as 'Sahe Bandhi'. In dowry the girl is always given things which are required for household use. The display of dowry is known as 'Khat Dikham' (Ibid; 40). Landed property is not transferred to her name. There is no limit in 'Mihr'. Besides cash sometimes animals, such as ftorses, buffaloes and cows are fixed as Mihr. Sometimes a part of land is also transferred; she becomes the owner and has the right to sell, mortgage or transfer it (Ibid; 148,150,307,318,332^3).

Punjabi gives one more reason for the practice of^Watta Satta' which we mentioned earlier. He says that in the case of a boy who is stupid and useless and nobody is ready to give the hand of his daughter to him, he can be married by 'Watta Satta' (lbid.'329). The purchase of the bride is called 'Take'. In this case a part of the amount is given before the wedding and the rest is paid afterwards (lbid:33).

The ^Sohagan' (whose husband is alive) plays an important role and takes part in different ceremonies. She is regarded as fortunate and her blessings are given to the newly wed giri. For example, seven 'Sohagan' women rub 'hena' on the palms of the liride and at the time of bride's segregation before marriage '(Mayun)' again seven 'Sohagan' women help to organise this ceremony (lbid:312,352). A widow is not allowed to be present on these ceremonies. She is condemned and cursed. It is common to say that she devours her husband. Tire bride is expected to produce children to increase family strength. Such women are proudly called 'sat pati' or the mother of heroes.

Women observe 'pwdafr'. They- bide their faces' either with a- 'D«patt»' w'Chadder'. Generally they don't appear without covering their faces before their father- in- law or other male relatives. It is not considered respectable to go outside the house and those women who visit their neighbours frequently are sarcastically called 'Cat of Seven houses' (lbid;581).

It is considered a matter of shame for women to eat their meals before men. This practice indicates the secondary' position of women. The same practice is followed in feasts and on other occasions (lbid:517). This practice could have malnutrition effects particularly on girls. A girl receives less food than her brother. Poor nutrition as a child, and later at puberty, can result in anaemia, a normal condition for most Pakistani women.

Social customs and practices strengthen the patriarchal system and form the character of a woman in such a way that she can successfully play the role of a subordinate human being. It is argued that in patriarchy a woman is protected and it is man's responsibility to earn and provide finances. She remains unpolluted from the worries and miseries of the outer world. However, it is a heavy price for such a security which secludes a woman and makes her dependent on her male protector. This reduces her role and importance in worldly matters.

In the rural areas girls are regarded as the honour of the village and are called 'Dhai Dhiyani'. If there is a conflict between two parties and a girl comes in between and asks them to resolve their differences, they immediately make peace showing their respect to her interference.

On the other hand, cultural practices also play a positive role in women's lives. They are a source of enjoyment for them. Dance, songs and other cultural activities bring them together in one place and relieve them from the agony of a segregated life. These cultural practices not only allow them to participate but also to express their creativity. They compose songs, rhymes, and invent new types of dances. In the cultural domain they rule and resist any interference. In spite of the pressure from orthodoxy against these cultural practices women continued to defy them.

The changes which have taken place in the socio-cultural structure of the Punjabi society are discussed in 'Culture, class and development in Pakistan: the emergence of an Industrial bourgeoisie in Punjab' by Anita M. Weiss (1991). The restructuring of the social values indicates the emergence of a wide gap between the rural and urban areas.

Analysis:

After the partition of 1947 the social structure of the Punjab changed. The province was divided into two parts. Unprecedented migration took place which excluded Muslims from the Eastern part and Hindus from the Western. This exclusiveness had an impact on Punjabi society. In western Punjab, i.e. Pakistan, Muslim identity which remained dormant during the colonial period w^as awakened and reinforced by the communal riots of 1947. This made ground for the political parties which were relying on the religious factor for the mobilisation of people in order to grasp power.

It also encouraged religious elements to launch a movement against un-lslamic practices and replace them with religious customs.

Since the partition, a number of changes took place which transformed the Punjab completely. The communication system has affected the social structure. The linkage of rural areas to urban centres exposed them to new ideas and concepts. Villages and cities not only absorb the new comers but also weaken their tribal and 'bradari' roots. The religious parties offer a sense of security to the poor, jobless and identityless people. This security, religious identity and pride on piety place them higher than the affluent elite class. They have contempt against the rich who imitate western culture. They derive their pride from religious institutions and traditions. They are the ones who fight against the socio-cultural practices which are un- Islamic and propagated pure Islamic teachings.

The other trend is the resurgence of Punjabi nationalism which revived tribal identities. Under its influence old sauce-cultural practices are becoming fashionable. However there are a number of other factors which are constantly changing the life pattern of the Punjab. The growth of population, economic problems, and political and social awareness are other factors of change.

The important social institution of the joint family system is breaking apart. Once the extended family was a source of social control. Girls living in a joint family were watched and it was not possible for them to rebel, break, or abandon the socio-cultural customs which were regarded as family honour. It was their duty to observe them. The break up of joint family system relatively liberates women from this vigilance.

The institution of 'purdah' is an effective tool for segregation in both public and private places, and excludes women from the public eye. The distinction between the public and private spheres has meant that women have less access to information, education and employment as their activities are confined to the private sphere, i.e. their home. 'Purdah' has become a symbol of social status and confirms the dominant social status of the man. Most Pakistani women do not have their own identity, and they derive their position from a man whose wife, daughter, sister, or mother they may be. The culture in which they are immersed dictates that all 'decent' women remain in their houses and be completely covered from head to foot if they go out.

The custom of 'Purdah' is also losing its grip. Peasant women could never afford such a restriction since they work outside the house from dawn to dusk. Their daily routine of work has not changed since time immemorial. The 'purdah' they observe is to hide their face, not the whole body. It is unlike the custom in upper classes where seclusion and segregation from the basis of 'Purdah'.

The practice of 'Purdah' is related to family honour and protection of property. It reduces women access to education, deprives them of the control of their property,

rules out divorce or remarriage, and thus reduces their economic independence (Latif: 77:1993). However, the practice of 'purdah' is weakening under economic and social pressures. Except for the top notch feudals who keep their women under strict 'purdah', the other sections of the society are relaxing it. There are co-educational institutions where girls and boys from upper and middle class study together. Gradually girls are entering different professions and are competing with men.

There is change in the practice of dowry. Initially there was no demand as to what should be included, but now the family of the bridegroom demands a number of things in dowry. In the family of the bridegroom the wife's respect depends on the size and cost of her dowry. Sometimes it leads to insatiable greed when the husband and his family continue to demand even after marriage. Brides are burnt if they cannot keep up with the dowry demands of the bridegroom's family. The number of such incidences is increasing rapidly.

Rajarawan, writing on the custom of dowry, observes that it has become strong when the house work of women, their child bearing and capacity to increase family income is outweighed by consumption costs of feeding and clothing. Dowry is the 'value of the cost supporting a woman over a life time if female earnings drop to zero' (Mies: 158:1994). Maria Mies, reflecting on this argument WTites, 'Historically and structurally, dowry has nothing to do with compensation for providing the bride with her life long subsistence. It is indeed a kind of tribute from the bride giving family to the bride receiving family. The tribute is demanded to give the honour to admit the girl in their family' (Mies: 160:1994). She further writes that dowry shows unequal status. One side commands (the woman, goods, money, services, offsprings) and the other side has to supply those goods. ' All the giving side receives is the honour of having given the daughter to such and such man' (Mies: 161:1994).

To get more dowry new concepts have evolved by the interested parties. Some argue that what they invest in the education of their sons they should get back in the form of dowry. This is the reason that doctors, engineers, and civil servants demand more in comparison to others. However, parents' investment in girls and boys education is becoming the same, therefore if girls have the same qualifications as boys, the argument to give dowry is refuted. With the rising pressure of dowry, educated girls in urban centres buy their own dowries after getting employment so they don't become the burden on their parents. These customs create enormous financial and social problems in the family. Sometimes fathers, after retirement spend their entire Gratuity or commuted pension on dowry and face poverty and starvation for the rest of their lives. Thus women are viewed as financial liabilities with nothing to contribute towards the welfare of the family. Before marriage a woman is kept in trust by her family where she attends to the washing and cleaning and taking care of younger siblings. Marriage becomes the only vocation in life for most Pakistani girls. In fact the view that marriage will give women greater freedom is widespread. Marriage is therefore viewed as the only outlet, and young girls are given in marriage at an early age, even though legislation prohibits the marriage of girls below the age

of sixteen. The practice of child brides combined with dowry has resulted in many parents getting into heavy debt.

The marriage pattern is also changing. Boys prefer to marry educated girls who are as qualified as they are. If education can raise the status of women, there is no need of any dowry. In the urban centres changing economic conditions have wrestled with traditional mores to produce a new matrix of socially acceptable behaviour. A minority of women have worked their way up into the higher echelons of government. By breaking new ground, such women have helped change attitudes towards women in general. But these women form only a small minority whose privileges stem from their class background and its attendant opportunities. The status of women is undermined as a result of a strong patriarchal system and mere qualifications cannot raise their status without uprooting patriarchy.

The argument in favour of dowry is that what the parents give their daughter they get back when their sons marry (Mies: 158:1994). The question arises where somebody has no son? Moreover one evil cannot be replaced by another evil. It is evident that the custom of dowry makes a daughter burdensome and that's why the birth of a girl is considered unwelcome.

The custom to get money for a bride is not common in the Punjab, however it is still practised in some families. According to Maria Mies, it originated from matrilineal traditions and is regarded as compensation for the loss of women's contribution to family income (Mies: 161:1994). In families it is a disgrace to give the hand of the girl without anything. To prove that she is worth something a sum is demanded according to the status of the family. This matrilineal tradition was reversed under patriarchy. It is just like a deal between masters and slaves. It subjugates a woman to those who paid for her. She becomes a commodity. The bride money makes her completely subordinate to the husband's family.

In the feudal families girls are excluded from the property on the plea that they get their share as dowry. After marriage the dowry becomes a part of the husband's household and she becomes financially viable.

Empirical studies show that 70"/o - 80°/o of rural women work in recognisable economically productive tasks but in the division of economic power this is hardly apparent. Women are not counted as agriculture workers because land is never leased out in the name of a woman. Moreover, when women are employed as agricultural labour, e.g. during the peak season, the male head of the family receives all the payments for the labour of his wife and children.

The Agricultural Census Data and Labour Force Surveys point to a rising proportion of women in agriculture. Surveys of female participation in family farms indicate that the labour force participation rates for female aged ten years and above increased from 39"/o in 1972 to 54% in 1980. More recent labour statistics show an upward

trend in the category of agriculture workers from 14.5**/o in 1984-85 to 16.6 in 1987-88.

This upward trend is attributed to the 'feminisation' of agriculture and reduction in the available male labour for agriculture. This is due to the migration of males to urban areas and to the gulf region, as well as men increasingly taking on non- farm occupations. In this way women were left with the responsibility of managing farm production and taking care of the family.

Women not only remain within the least skilled, low level, jobs, but they are also discriminated against in being denied access to more skilled jobs. Even in a factory women are allotted jobs such as packing and sorting, while men are responsible for handling machines as this is considered to be a 'heavier' job. The menial jobs done by women, however, are often physically 'heavier' than operating a machine. Women are also not allocated supervisory jobs as men do not accept supervision from women.

Women workers are employed in the informal sector as cleaners, sweepers, domestic servants, attendants and so on. They are unprotected by legislation, their sen-ice is insecure and their hours of work are not regulated. This work has remained invisible and no data exists as to its extent or the degree of exploitation of workers in this sector. Women may work in private homes as sendee personnel, but no woman works in a Pakistani restaurant. Women are also absent from vegetable and cattle markets. Women are precluded from being exposed to men and from participating in financial transactions in their work. These disabilities are justified by quoting cultural norms and the household responsibilities of women.

The increasing importance of cultural norms can be seen as the main reason in the low representation of women in jobs that involve contact with men. Although, inroads are being made, progress is very slow. Educated women are concentrated in 'respectable' jobs such as teaching or medicine. Others prefer to forgo the income and remain within the respectable confines of their homes to avoid the loss of status associated with female employment in most jobs outside the home.

In rural areas in particular the facilities available for a girl to pursue education are virtually non-existent. Parents have to send their girl children to neighbouring villages if they want them to be educated. But this rarely happens and it is attributed to an attitude towards education. There the privilege of gaining knowledge and power is not considered necessary for girls. It is feared that education would expose them to undesirable ideas. A girl's labour is viewed as being required in the home. Besides most girls stop going to school when they reach puberty. Such views and practices are believed to be a part and parcel of Islamic culture.

'The educational provisions of the Shariah Bill are an insidious way of reproducing the class cultural power of the dominant classes and ideology of subordination for the underprivileged' (Pakistan:72, 73, 74:1990).

 Section: III NGO Reports:

After studying the socio-cultural and religious customs and practices we pose a question: do past customs and practices continue to exist or do they change in their structure? As far as religious customs are concerned, they remain unaltered; for example the procedure ofNikah, Talaq, Khula and lddat is the same. However, there are some changes in socio-cultural practices such as child marriage which is becoming rare, remarriage of a widow is now acceptable, and purdah or seclusion of women is losing its ground. But still women are excluded from landed property anil are rarely given their share according to Shariat.

In Muslim society the conflict between Shariat and socio-cultural customs still exists. In the Punjab socio-cultural customs maintain their superiority over Shariat. This is because the social structure of rural Punjabi society was controlled by feudals, tribal chiefs and the elders on the basis of their ancestral and traditional customs. The 'Mulla' or the 'Mualvi' had no power and influence in society and was regarded as a 'Kammi'. He had no courage to issue any Fatwa against the social norms of the society. Even in the urban centres his social status was not high. Therefore, in 1961 when the Muslim Family Laws ordinance was implemented the ulema failed to counter it.

However, as a result of political instability in the 1970s the situation changed in the country. Huge funding from the rich Arab states was presented to religious parties, associations, 'madrassas' and individual 'maulvis' which made them an active force in society. In Zia ul Haq's reign they found a patron who was enthusiastic to implement Shariat and support them in their efforts to convert the institutions of the state into religious ones. The Hudud Ordinances, which were promulgated during this period, greatly weakened the position of women. Cases of violence against women, rape, acid burning, stove burning, beating and kidnapping increased and became more frequent.

Therefore, keeping these changes in view, there is a need to study socio-cultural practices verses statutory laws. Unfortunately, so far no comprehensive study is conducted by any NGO. Shirkat Gah published a 'Chart of Customary Practices in Pakistan in Comparison with Statutory Law' (1995). This study compares the customary practices of the four provinces of Pakistan with the statutory laws. The study lacks analysis of the practices, historical background of their origin, development and change. However, the study could be useful for the present project as the customs in the context of colonial Punjab have already been discussed and the changes could be pointed out by reading the chart, especially the resurgence of religious practices as a result of the increasing influence of the 'Mulla'. For example, in the rural areas, the consent of a girl is still not considered in the selection of her

husband; in the urban centres, on the contrary, the majority of educated families allow girls to express their consent in choosing their life partners. In the countryside marriage within the tribe or castes is common, but in the cities the custom to marry on the basis of 'Kafu' is losing its strength and caste or 'zat' is not an important factor. The economic conditions of the family and the moral character of the boy are two important considerations which persuade a girl's family to accept the offer. Owing to financial constraints, polygamy is not practised and is only confined to feudals and rich people.

Divorce and 'Khula' are not common in the rural areas because both families are involved and 'Watta Satta' also restrains them. In the case of adultery, either the husband divorces immediately or in some areas of Southern Punjab where the Baluch tribes are populated, 'Karo Kari' is practised in which the accused man and woman are killed. Restrictions on widow marriage are also relaxed. There is a continuation of tradition in w^hich young widows are married to their brothers- in-law. It is also pointed out that the religious practice of 'Hilala' is rare in the Punjab.

Women are still excluded from inheriting the landed and immovable property, but like Sindh, in the Punjab girls are forced to marry the Holy Quran which is called Haq Bakhshwana. In some cases they are not married at all. This is done in order to save property.

Generally, women are not allowed to go to the mosque to pray or to become an Imarn' or 'Muzzam'. However, within their own circle they are free to perform those religious practices.

Violence against women is rapidly increasing due to psychological, social, and economic reasons. The Hudud Ordinance has proved most degrading for them. The Law does not protect women in case of beating or sexual harassment. In case of murder or suspicion of adultery the man is protected by social norms and his actions are justified, even glorified at times. In the case of rape, the man is set free if four witnesses are not produced, while the woman is punished because she fails to produce evidence. The vulnerability of a woman makes her an easy victim of violence. This is evident from the daily newspapers which publish news about violence against w^omen in every part of the Punjab.

The Simorgh, a collective women's NGO, recently published a report In the Court of Women' (1995). It consists of the tribunal proceedings held in 1993-94 at Lahore which heard the testimonies of those women who became victims of different sorts of violence including violence in the name of socio-cultural and religious customs. In the case of Pakistan, Hina Jilani's observations expose the extent of violence which women suffer. The Punjab is no exception.

As we have seen in the Reports of Customary Laws, Glossary of Tribes and Castes and 'Punjab ki Aurat, divorce is mentioned, but it is not practised generally because

it involves the families of the boy and girl. This deters the couple from divorce. Among the respectable families it was very rare. Among other castes it was resorted to the case of adultery. In some tribes if a man was caught having an illicit affair with a woman he would be pardoned if he paid a heavy fine (C.L.xxi:6:1908).

As there was no break up of the family, the custody of children never arose as a crucial problem. Similarly, the cases of 'Hilala' are not mentioned. In some parts of the Punjab, Kidnapping of women occurred, but the kidnapped women were accepted by the family or tribe. Among the pathans of Mianwali districts, 'If a man abducts a virgin or a widow he is liable to give two 'sharams' (girls) in return,' if the abducted person is married he has to give her four ' sharams' (girls) with or without damages. In case of the abductor having no woman in the family to give, he has to pay compensation in cash' (C.L. xxi: 13:1908).

Socio-cultural customs and practices have deep roots and deviation from them is tantamount to rebellion. Therefore, whenever there is a challenge to customs by enacting statutory laws in order to curtail their influence or abolish them, ways and means are invented to continue their application; for example, when the display of dowry was banned, people started sending it before the wedding ceremony to the bridegroom's house. Similarly, when the number of guests was limited at wedding feasts, food was offered in groups to avoid the ban.

Whenever social customs are attached with 'honour' it becomes difficult to get rid of them. There is pressure from the family, 'biradri', and from the whole society to follow the practices, in spite of personal dislike. Therefore, to fight in order to abolish out-dated and backward customs, a two pronged policy could be applicable: by educating people and by enforcing laws forcefully. Thus to change the attitude and behaviours of a society and to shape the mind of young generation, primary and secondary education is very important. To change the education system there is a need to write new text books, keeping in perspective gender roles and exposing those socio-cultural practices which are antithetical to progress.

The other factors for effecting social change are radio, T.V, theatre, cinema, newspapers and general books. Political parties and pressure groups can also assist in the mobilisation for change. Pressure from the government to pass laws which are against the interest of women and their strong implementation is needed.

 

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