Chitral State – A Legal History
Reviewed by Dr Inayatullah Faizi
The princely state of Chitral ruled by despotic Mehtar was one of the 600 infamous autonomous entities of the Indian subcontinent before the emergence of Pakistan. Due to its close proximity to the borders of Afghanistan, Russia and China, the princely state remained in the limelight during the “Great Game” in the later half of the 19th century.
The presence of the British forces in India as colonial rulers gave particular significance to Chitral State in 1870s when Russia and England were at a dagger’s drawn for Central Asian theatre and parleys were underway among various actors in the theatre. Chitral State was then sandwiched between the Amir of Kabul and Maharaja of Kashmir, both claiming their suzerainty. It was the time when explorers and missionaries from Europe embarked on their special missions to the Hindukush-Karakorum region, including Chitral State succeeded by military observers and diplomatic commissaries. Reports and diaries from Chitral were discussed in Royal Geographic Society of England subsequently released to the press, thus the name of Chitral used to hit the corner.
Hundreds of books and research papers were published on Chitral. Latest of the series is Chitral State: A Legal History by young lawyer and writer Barrister Asad-ul-Mulk. Comprising 20 chapters in 530 pages, the highly acclaimed research work cites 180 primary and secondary sources and reproduces a good number of letters, instruments and legal documents from the records and chronicles of history. Carefully selected 12 photographs also make interesting feature of the well-presented book. The contents give a vivid picture of the administrative structure and embedded customary laws governed by the moral authority of rulers or relevant courtiers.
The study highlights the unique system of Mizan-e-Shariah to dispose of civil and criminal cases in accordance with Islamic jurisprudence in the light of Quran and Sunnah. The hierarchy pf Mizan-e-Shariah included local magistrates known as Qazis appointed for all regions of the State under a council of 5-6 judges known as Qazis with a chief justice named Qaziul Quzat (judge of the judges) having principal seat in the Capital town. The author has described some controversial events happening between 1876 and 1947 in impartial and unbiased manner.
The agreements of Mehtar Aman-ul-Mulk with British India through the good officers of Maharaja Kashmir, the defense of Chitral against Umara Khan and his allies, the siege of Chitral in March-April 1895 and coronation of Shuja-ul-Mulk in teenage, declaration of Chitral as a British protectorate with internal autonomy, policy of pluralism to include the Ismaili subjects in mainstream administration, the positive role of Chitral State in third Afghan war and decision of the Mehtar to accede to Pakistan at the time of partition have been taken into well documented account.
The book carries original texts of letters exchanged between British officers and later M.A. Jinnah, Governor General of Pakistan, and the Mehtar of Chitral. Also worth mentioning is the agreements of Mehtar with the crown representative in British India on the law of establishment and regularization of Chitral State Scouts, inked in 1945 (though Chitral Scouts was established in 1903 and regularized in 1943). The most important of all papers is the instrument of document signed by Mehtar Muzafar-ul-Mulk on 6th November 1947 and Quid-e-Azam on 18th February 1948.
The book is useful for research scholars as well as general readers and students interested in history and legality. The author’s style is scholastic and romantic at the same time. I was carried away by the last sentences of his lines on dedication. Dedicating the work to his illustrious paternal grand father Khush Ahmad-ul-Mulk (1920-2017), he writes: “He could marvel the melody of birds, the pouring of the rain, the dye of wild flowers and the star-covered sky, for him the fragrance in the air, the glow in the horizon and the stillness of calm water were all testaments of the magnificence of Life, which he saw as one great odysseys. This view of the world and our Cosmic occupancy constitutes a powerful forethought – and I carry it with me as part of cherished memories”.