Between Sharia and Custom: Navigating Cultural Norms and Law
Journal name: Archives De Sciences Sociales Des Religions
Original article title: Entre charia et coutume
The journal “Archives of Social Sciences of Religions” publishes advanced research on religion in French, English, and Spanish. It studies the sociology of religions and religious traditions or theologies. It is supported by the INSHS-CNRS (“Institut des Sciences Humaines et Sociales”)
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Subtitle: Le qāżī en action dans une romance indienne du xviiie siècle 1
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Denis Matringe
Archives De Sciences Sociales Des Religions:
(Founded in 1956 and published quarterly”)
Full text available for: Entre charia et coutume
Year: 2011 | Doi: 10.4000/assr.23168
Copyright (license): © Archives de sciences sociales des religions
Summary of article contents:
Introduction
The article "Entre charia et coutume" by Denis Matringe explores the role and practice of the qāẕī (Islamic judge) in 18th-century India, particularly through the lens of the Punjabi narrative poem "Hīr" by Vāris̱ Šāh. The study investigates the intersection of Islamic law (sharī‘a) and local customs within the social fabric of the Punjab region during a transitional period marked by the decline of the Mughal Empire. By comparing narrative accounts from the traveler Ibn Battūṭa and the fictional qāẕī in Vāris̱ Šāh’s poem, the article illustrates the evolving legal landscape and the complexities faced by judicial authorities in enforcing laws amid cultural customs.
The Intersection of Shari‘a and Local Custom
One of the central themes of the article is the interplay between shari‘a and local customs in the administration of justice. In the narrative of "Hīr," the qāẕī embodies the struggle to uphold Islamic principles while often yielding to entrenched social norms. The poem illustrates instances where the qāẕī’s authority is subverted by customary practices, suggesting that the local caste council (pañcāyat) and social customs heavily influenced legal proceedings. This tension highlights the qāẕī's dual role as an enforcer of Islamic law and a mediator of societal order.
Role of the Pañcāyat in Conflict Resolution
The pañcāyat, or caste council, emerges as a significant authority alongside the qāẕī in the poem. It serves as a traditional forum for conflict resolution, often able to bypass the formal legal system represented by the qāẕī. The interactions between the pañcāyat and the qāẕī demonstrate a collaborative yet competitive relationship. In many cases, the pañcāyat operates independently, reinforcing the status quo and custom over the rigid application of shari‘a, particularly in matters regarding marriage and inheritance. This dynamic reveals a complex legal culture where local customs often override formal Islamic rulings.
Historical Context and Judicial Practice
Matringe situates the practice of the qāẕī within a broader historical context marked by the decline of Mughal authority and the emergence of successor states in the Punjab. The narrative references Ibn Battūṭa's accounts from the 14th century, providing insights into how judicial practices have evolved. The article underscores the importance of the qāẕī's capacity to navigate the nuances of local customs while promoting the principles of shari‘a, indicating that their role was not merely administrative but also deeply embedded in the social hierarchy and local politics.
Judicial Corruption and Authority
The article further examines instances of corruption within the judicial framework, highlighting the qāẕī’s vulnerability to bribery and external influences. The poem portrays the qāẕī as sometimes being swayed by powerful local interests, as seen in the case of Rāmŏjhā’s inheritance dispute, where the qāẕī is depicted as complicit in unlawful arrangements. This portrayal serves to critique the integrity of judicial offices and illustrates how the corrupt practices of individual qāẕīs undermine the legitimacy of their roles, consequently affecting the impartiality of justice in the region.
Conclusion
In conclusion, Denis Matringe's article sheds light on the multifaceted role of the qāẕī in 18th-century Punjab, revealing how judicial authority is exercised in a complex interplay with local customs and societal structures. The narrative of "Hīr" serves as both a literary and historical lens through which the challenges of enforcing shari‘a amidst entrenched customs can be examined. By juxtaposing the fictional representation of the qāẕī with historical accounts, the study enhances our understanding of the legal dynamics in pre-colonial South Asia, illustrating the enduring conflicts between law and tradition.
FAQ section (important questions/answers):
What is the focus of Denis Matringe's article?
Denis Matringe's article explores the role and actions of the qa¯z˙ı¯, a traditional Muslim judge, in an 18th-century Indian romance, highlighting the interplay between Islamic law (sharia) and local custom.
What is the historical background discussed in the article?
The article discusses the 18th-century South Asian context, focusing on the Mughal Empire's decline and the rise of successor states in the Punjab, emphasizing the complex legal landscape shaped by both Islamic and local customs.
How does the qa¯z˙ı¯ interact with local customs?
The qa¯z˙ı¯ navigates between applying sharia and respecting local customs, often prioritizing the latter, as seen in the narratives where he is influenced by community opinions and pressures from caste councils.
What literary work is analyzed in the article?
The article analyzes the Punjabi narrative poem 'Hı¯r' by Va¯risßSˇa¯h, focusing on legal conflicts surrounding inheritance and marriage, revealing the qa¯z˙ı¯'s role within the story's cultural and legal framework.
What example does Matringe use for context?
Matringe refers to historical accounts by the Moroccan traveler Ibn Batøtøu¯tøa¯, providing insight into the qa¯z˙ı¯'s legal practices and the social dynamics of justice in medieval South Asia.
What does the qa¯z˙ı¯ represent in the narrative?
The qa¯z˙ı¯ represents the authority of Islamic law but also acts as a mediator between traditional customs and the legal expectations of Islamic jurisprudence within the local community.
How is the theme of justice portrayed in the article?
Justice is portrayed as a complex negotiation between law and custom, where the qa¯z˙ı¯'s decisions are often influenced more by community values than strict adherence to sharia, emphasizing the cultural context of South Asian society.
Glossary definitions and references:
Theological and religious glossary list for “Between Sharia and Custom: Navigating Cultural Norms and Law”. The list explains important keywords that occur in this and other scholarly articles. It is also linked to the glossary for understanding that concept in the context of History, Religion, Philosophy, Theology, Sociology etc.
1) Caste:
Caste plays a critical role in the social structure of India, especially in the narrative of Hīr and its portrayal of societal norms. The characters in the poem navigate their relationships within the confines of caste customs, impacting decisions related to love, marriage, and family honor. Caste oppression is evident as the young lovers Rāmøjhā and Hīr face resistance from their respective families, with the caste council (pañca¯yat) wielding power over their fates, emphasizing the interplay between caste and personal desire.
2) Poem:
The poem Hīr, composed by Vārisāh, is a significant piece of Punjabi literature that embodies the themes of love, caste, and societal norms in 18th-century India. It illustrates the conflicts faced by its characters as they struggle against traditional customs, showcasing how poetic expression serves as a medium for exploring deeper issues of justice and the human experience within the context of love and marriage.
3) Panca (Pancan, Pamca):
The pañca¯yat, or caste council, functions as a crucial judicial authority in the narrative, often overriding the decisions of the qāzī. Its members are deeply embedded in the customs and social fabric of their community, exercising power to enforce caste norms and resolve disputes, indicating the complex relationship between traditional governance and Islamic law in medieval South Asia.
4) Woman (Women):
Woman, particularly represented by Hīr, highlights the struggles faced by female figures in a patriarchal society. The character's journey reflects themes of empowerment and resistance against societal constraints, underscoring the importance of female agency within the narrative.
5) India:
India serves as the backdrop for the events of the poem Hīr, where the complex interplay of caste, love, and Islamic law unfolds. The diverse cultural landscape of India in the 18th century influences the characters' decisions, illustrating how regional customs and religious practices intersect to shape social relationships. The nuances of Indian society are critical in understanding the narrative's themes.
6) Delhi:
Delhi, as a historical center of power in the Mughal Empire, represents a significant geographic and cultural context for understanding the legal and social dynamics of the time. The administration of justice within this cosmopolitan city contrasts sharply with the more localized customs seen in smaller towns, underscoring the differences between urban and rural governance in 18th-century India.
7) Raja:
The rājā embodies the authority of the ruling class in the poem, illustrating the intersection of political power and personal desire. His intervention in the lovers' plight reflects the fragility of individual agency in the face of sovereign command and societal expectations.
8) Love:
Love is the driving force behind the narrative of Hīr, challenging the boundaries set by caste and social norms. The passionate connection between Rāmøjhā and Hīr emphasizes the theme of romantic love as a transcendent force that defies the rigid structures of societal expectations, ultimately leading to tragic consequences for the lovers within their cultural context.
9) Marriage:
Marriage within the tale serves as a pivotal theme intertwined with caste obligations and personal desires. Hīr's forced marriage to Saidā instead of her lover Rāmøjhā showcases the often cruel reality of marriage customs that prioritize family honor over individual happiness, highlighting the oppressive nature of societal expectations in 18th-century India.
10) Punjab:
Punjab is the geographical setting of the poem Hīr, where the cultural dynamics of the region significantly influence the narrative. The local customs, inter-caste relationships, and the historical context of Punjab, marked by Islamization and Hindu practices, shape the characters' interactions and struggles, reflecting the broader socio-political landscape of the time.
11) Religion:
Religion plays a significant role in framing the legal and moral values present in the narrative. The clash between Sharia (Islamic law) and local customs reflects the complexities inherent in a society where multiple religious influences intersect, demonstrating how religion governs personal and communal relationships in 18th-century South Asia.
12) Indian:
The term Indian encompasses the rich tapestry of diverse cultures, religions, and social structures present in the region during the 18th century, illustrated through the characters and their struggles in the poem Hīr. It emphasizes the social and legal context that influences their lives, intertwining identity, religion, and custom in the narrative.
13) Lover:
As the central figures of the narrative, the lovers Rāmøjhā and Hīr embody the conflict between personal desires and societal obligations. Their love, though strong and passionate, is constantly challenged by external forces including family, caste structures, and religious authorities, underscoring the barriers to love in a traditional society.
14) Death:
Death emerges as a tragic consequence within the poem, illustrating the high stakes involved in defying societal norms. The eventual demise of Hīr and Rāmøjhā not only enforces the narrative's dramatic tension but also serves as a commentary on the repercussions of love that challenges entrenched customs and caste hierarchies.
15) Power:
Power dynamics are evident in the relationships between the characters and the various authorities they encounter. The interplay of power—be it familial, societal, or judicial—illustrates how deeply embedded structures control individual destinies in the face of love and desire, particularly within the legal framework of 18th-century India.
16) Island:
[see source text or glossary: #island#]
17) Yogi (Yogin):
The figure of the yogi in the poem symbolizes a departure from traditional caste constraints, representing spiritual emancipation and mystical transcendence. Rāmøjhā's transformation into a yogi illustrates his departure from societal roles, capturing the tension between spiritual aspirations and worldly obligations related to love and honor.
18) Young girl:
In the narrative, the young girl Hīr becomes emblematic of both vulnerability and resistance against oppressive social norms. Her portrayal highlights the struggles faced by women in navigating their desires within a patriarchal and caste-dominated society, ultimately culminating in tragic outcomes driven by their constraints.
19) Pargana:
The pargana serves as a fundamental administrative unit in the Mughal Empire, where local social structures and customs are enforced. In Hīr, the complexities of justice in a pargana become apparent, as the qāzī acts within this context, often influenced by local customs and the pañca¯yat, demonstrating the localized nature of governance.
20) King:
[see source text or glossary: #king#]
21) Pari:
[see source text or glossary: #pari#]
22) City:
The city represents a locus of social interactions and judicial authority, reflecting how urban centers in Punjab contributed to a mix of cultural, religious, and legal influences. The dynamics within the city shape the characters' fates, as seen in the encounters between the qāzī, the pañca¯yat, and the lovers.
23) Young men (Young man):
The young man Rāmøjhā signifies the passionate pursuit of love in defiance of societal expectations, often facing the brutal repercussions of his choices. His characterization evokes themes of honor, betrayal, and resistance, illustrating the struggles faced by young men in a caste-oriented society.
24) Literature:
Literature, particularly Punjabi poetry, serves as a vehicle for expressing cultural narratives, societal dilemmas, and emotional truths. The poem Hīr exemplifies how literature reflects the complexities of love, caste, and justice, contributing to the rich literary heritage of South Asia.
25) Prayer:
Prayer manifests as a practice linking spiritual aspiration and social order in the narrative, particularly in the context of Islamic traditions. The characters engage in prayer amidst their struggles, demonstrating how faith serves as both comfort and a call to adhere to societal values, even within contradictions of desire and duty.
26) Poetry (Poetic, Poetical):
Poetry emerges as a form of cultural expression in Hīr, encapsulating the emotions, conflicts, and moral dilemmas faced by its characters. The art of poetry not only narrates the story but also offers insight into the societal values and norms that govern personal relationships in 18th-century Punjab.
27) Dress:
Dress functions as a significant symbol of identity and societal expectations for women in the narrative. Hīr's struggles with her clothing choices reflect the tension between personal expression and the obligations imposed by custom, illustrating the intersection of gender, culture, and religious norms.
28) Judge:
The judge (qāzī) is depicted as a figure who often upholds societal norms and caste customs over individual desires, frequently acting under pressure from the pañca¯yat. The character embodies the tension between justice as defined by Sharia and the prevailing local customs, highlighting the complexities of legal authority.
29) Image:
[see source text or glossary: #image#]
30) New Delhi:
[see source text or glossary: #new delhi#]
31) Language:
Language, particularly Punjabi, serves as a medium for conveying cultural narratives and societal issues in the poem Hīr. The use of local vernacular allows for greater accessibility and connection to the audience, reinforcing the important role of language in expressing regional identities and experiences.
32) Exercise:
[see source text or glossary: #exercise#]
33) Pakistan:
Pakistan, as the contemporary setting for the region where the poem takes place, provides historical context for understanding the cultural and social dynamics of Punjab. The narrative within Hīr has lasting implications for the identities and social structures that persist across the subcontinent, depicting how history informs modern relationships.
34) Village:
The village serves as the immediate backdrop for the characters' lives, highlighting the importance of local customs, familial ties, and community dynamics. The rural environment in the poem reflects the deeply rooted traditions that shape the characters' destinies, showcasing how village life influences societal norms.
35) Family:
Family dynamics are central to the conflicts faced by Hīr and Rāmøjhā in the narrative. The role of family, with its expectations and pressures, shapes the decisions made by the young lovers, underscoring the significant influence of familial obligations in the context of love and marriage.
36) Market:
[see source text or glossary: #market#]
37) Court:
The court serves as a site of conflict resolution and validation of social norms within the narrative. The interventions by the qāzī and the pañca¯yat in court proceedings underscore the complexities of justice, illustrating how personal matters are subjected to public scrutiny and adjudication.
38) Fire:
Fire symbolizes destruction and transformation in the narrative. The burning city represents the ultimate consequence of the lovers' rebellion against societal norms, serving as a catalyst for change and illustrating the powerful emotions that drive the characters to tragic actions.
39) Book:
[see source text or glossary: #book#]
40) Love-making (Making love, Lovemaking):
Making love between the protagonists serves as a critical act of defiance against the societal constraints imposed by caste and familial expectations. Their intimate connection becomes a focal point that challenges the norms governing their lives, highlighting the tension between personal autonomy and social obligation.
41) Cosmopolitan:
The term cosmopolitan highlights the diverse cultural influences present in the urban centers of 18th-century India. The interactions among various religious and social groups contribute to the richness of the narrative, emphasizing the complexities of identity and legal authority during the period.
42) Conquest:
Conquest denotes the historical shifts in power dynamics within the Indian subcontinent, particularly with the Mughal Empire's decline. This changing landscape impacts the characters' realities, reflecting how broader socio-political developments inform local customs and judicial practices.
43) Panjabi:
Panjabi refers to the cultural and linguistic identity of the characters in the poem Hīr. The use of the Panjabi language underscores the local context in which the narrative occurs, contributing to the authenticity and relatability of the characters' experiences.
44) Hundred:
[see source text or glossary: #hundred#]
45) Leaf (Leaves):
[see source text or glossary: #leaves#]
46) Throne:
[see source text or glossary: #throne#]
47) Breast:
[see source text or glossary: #breast#]
48) Poison:
Poison serves as a potent symbol of betrayal and demise in the narrative, reflecting the extremes to which familial honor can drive individuals. The act of administering poison to Hīr signifies the tragic culmination of societal pressures and the ultimate sacrifice imposed by family loyalties.
49) Indus:
[see source text or glossary: #indus#]
50) Heart:
Heart symbolizes deep emotional connection and love, particularly in the context of Hīr's and Rāmøjhā's relationship. The heart also represents the conflicts faced by individuals when their desires clash with social norms and expectations, illustrating the profound human experiences within the narrative.
51) Indu (Imdu):
[see source text or glossary: #indu#]
52) Northern India:
Northern India emerges as a culturally rich region where the events of the poem transpire. The unique social and historical dynamics of Northern India influence the narrative's characters and their interactions, reflecting the broader complexities of Indian society during the 18th century.
53) Western India:
[see source text or glossary: #western india#]
54) Oral tradition:
Oral tradition underscores the storytelling aspect of the poem, emphasizing how narratives are passed down through generations. The reliance on oral recounting reflects the cultural significance of preserving community values, norms, and histories within the Punjabi context.
55) Ramakrishna (Ramakrsna):
[see source text or glossary: #rama-krishna#]
56) Environment:
[see source text or glossary: #environment#]
57) Experience:
Experience within the narrative emphasizes the lived realities of the characters as they navigate love, justice, and societal pressures. Their experiences serve as a reflection of the broader human condition, capturing the emotional complexities inherent in navigating conflicting desires.
58) Observance:
Observance refers to adherence to societal and religious norms within the context of the poem. The characters' struggles with observance highlight the tension between personal desires and the expectations imposed by their communities, underscoring the intricate balance of customs and relations.
59) Science (Scientific):
[see source text or glossary: #scientific#]
60) Spiritual:
Spirituality is represented through the themes of longing and devotion in the poem. The characters' search for love transcends mere physical attraction and ventures into the realm of spiritual connection, highlighting the profound dimensions of their relationships.
61) Residence:
[see source text or glossary: #residence#]
62) Calcutta:
[see source text or glossary: #calcutta#]
63) Pancayat:
The pañcāyat encompasses the governance and judicial roles within caste society in Hīr, asserting authority over local disputes and conflicts. Its function illustrates how caste councils uphold traditional norms, often intertwining with legal proceedings in their enforcement of social order.
64) Township:
[see source text or glossary: #township#]
65) Dialogue:
[see source text or glossary: #dialogue#]
66) Child (Children):
[see source text or glossary: #children#]
67) Devotion (Devoted):
Devotion encapsulates the deep emotional connections forged between characters, particularly in love. It transcends romantic engagement, linking personal sacrifice and social duty within the narrative, reflecting the characters' commitment to one another amid societal constraints.
68) Manohar:
[see source text or glossary: #manohar#]
69) Brahmin:
[see source text or glossary: #brahmin#]
70) Krishna (Krsna):
[see source text or glossary: #krishna#]
71) Buffalo (Buffaloes):
[see source text or glossary: #buffalo#]
72) Torture:
[see source text or glossary: #torture#]
73) Extreme:
[see source text or glossary: #extreme#]
74) Bengal (Bemgal):
[see source text or glossary: #bengal#]
75) Debate:
[see source text or glossary: #debate#]
[Note: The above list is limited to 75. Total glossary definitions available: 108]