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Abstract
Jirga is an informal mechanism in Pakhtun society for the resolution of civil and criminal disputes. This article analysis the legal and constitutional status of jirga system in the light of case laws in Pakistan. For the said purpose, Pakistan Criminal Law Journal, Supreme Court Monthly Review, Pakistan Legal Decisions and other sources were consulted. The findings show that jirga system is in contradiction with some of the constitutional provisions in Pakistan. However, it cannot be discarded immediately. There is a room for improvement in the jirga systesm.
Keywords
Jirga, Pakhutn Society, Pakhtun, FATA, PATA, Pakhtunkhwa.
Introduction
Jirga means 'an assembly, meeting of a party for consultation, and a sort of democratic council.' According to the Pashto Descriptive Dictionary jirga is an original Pashto word, which in its common usage refers to the gathering of a few, or a large number of people; it also means consultation according to this source. The word jirga is also used in Persian, Turkish and Mongolian languages that appears to be related to the word 'circle', but is commonly used to refer to the gathering of people. But regardless of the origin of the word, y/Vga refers to "Pashtun traditional tribal jirga, local/tribal institution of decision-making and dispute settlement that incorporates the prevalent local customary law, institutionalized rituals, and a body of village elders whose collective decision about the resolution of a dispute (or a local problem) is binding on the parties involved.
Jirga, in Persian is called Majlis and in Punjabi and Hindi Panchayat. The Jirga exercises both judicial and executive roles to settle all disputes pertaining to the distribution of land, properties, blood feuds, blood money and other important intertribal affairs on the basis of tribal conventions, traditions and principles of justice. There are no hard and fast rules for the selection of Jirga members. All reputable elders - Speen Geeri (white-beards) - are considered eligible for its membership. However, for effective enforcement of the decision taken by the Jirga, the Jirga members should have social status with sound economic position and sufficient manpower at home. The Jirga assembles are normally held in a hujra or a village mosque or in an open field outside the village. The Jirga members usually sit in a...