The Federal Shariat Court on Monday declared the practice of swara as un-Islamic, reported Dawn.

According to the report a three-judge bench headed by FSC Chief Justice Noor Mohammad Meskenzai observed giving away a minor girl to settle dispute was against the teachings of Islam.

Taking up a plea of petitioner Sakeena Bibi, the bench held that Pakistani Ulema had reached a consensus that vani or swara are practices against the teachings of Islam.

Swara is a custom wherein a minor girl is given in marriage to an aggrieved family as a compensation, often a murder, to resolve a dispute. The custom is a form of an arranged or forced child marriage, while the decision or punishment is taken by tribal elders, called jirga.

The petitioner challenged the custom of swara on multiple grounds. According to the petitioner, the decision taken by a jirga and panchayat — a traditional fora for dispute resolution — deprives the girl/woman of her fundamental rights.

In its plea, the petitioner argued that jirga or panchayat misconstrued the concept of 'badl-i-sulah' — compensation to settle a dispute by offering a woman to the aggrieved party. It was requested the custom be declared illegal.

Quoting Dr Mohammad Aslam Khaki, Jurist Consult at FSC, the report said swara/vani violated four fundamental rights of women namely, they are subjected to discrimination as in most cases a young girl is deprived of basic facilities; her consent was set aside in the marriage; she is deprived of dower; and she can't file a legal suit for khula — dissolution of marriage.

In the report Dr Khaki said the legitimate way to settle a murder is payment of diyat or blood money, which is acceptable in Islam.