Murder of Ghadabi Bap and Judicial Proceedings: A Jurisprudential and Historical Analysis of a Case (Case No. 15, 1912) in the Former State of Chitral

Abstract

This paper presents a historical and jurisprudential analysis of a murder case (Case No. 15, 1912) from the former princely state of Chitral. The case revolves around the murder of Ghadabi Bap, a resident of Terich in the present-day Molkhow Tehsil. The murder occurred in the area of Mroi while the victim was traveling from Chitral town to his village. Despite the delay in the judicial investigation, the Mehtar (ruler) of Chitral, Shuja ul-Mulk, took a personal interest in the case. He ordered a collective oath from fifty men of Mroi village, following Islamic jurisprudential principles, to determine the perpetrator’s identity. The Mehtar also imposed a fine on the local community, which was later directed to the heir of the deceased, marking the case as an example of justice administration based on Islamic law in the region. This research aims to analyze the case through the lens of Islamic judicial principles, particularly focusing on the application of Qisas (retribution) and Diyat (blood money), alongside the customary practices that were employed to maintain social order and justice in Chitral. The case exemplifies how Islamic legal norms were integrated into the governance of a semi-autonomous Muslim state and reflects the cultural and legal legacy of the region.