Jirga and dispute resolution in Khyber Pakhtunkhwa: a critical analysis

Disputes are inevitable and take place in all human societies. Hence, the Pushtoon community is not immune from having disputes at all levels among individuals, families, tribes, or even nations. The Pushtoon community has been using the Jirga system which is the oldest and still one of the typical...

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Main Authors: Ahmad, Muhamad Hassan, Khan, Ihtesham Ullah, Eishan Jan, Mohammad Naqib
Format: Article
Language:English
Published: Serials Publications (P) Ltd. 2019
Subjects:
Online Access:http://irep.iium.edu.my/78221/
http://irep.iium.edu.my/78221/1/78221_Jirga%20and%20dispute%20resolution%20in%20Khyber.pdf
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author Ahmad, Muhamad Hassan
Khan, Ihtesham Ullah
Eishan Jan, Mohammad Naqib
author_facet Ahmad, Muhamad Hassan
Khan, Ihtesham Ullah
Eishan Jan, Mohammad Naqib
author_sort Ahmad, Muhamad Hassan
building IIUM Repository
collection Online Access
description Disputes are inevitable and take place in all human societies. Hence, the Pushtoon community is not immune from having disputes at all levels among individuals, families, tribes, or even nations. The Pushtoon community has been using the Jirga system which is the oldest and still one of the typical dispute resolution mechanisms in the society. Although the Jirga system has been very crucial in ensuring the administration of justice and harmony in the Pushtoon community in various ways, it has also been subjected to several criticisms due to its application of unwritten rules and informal structures which sometimes may lead to grave injustice to the parties to the disputes. Accordingly, this article aims at exploring the nature of the Jirga system being used in the Pushtoon community from Khyber Pakhtunkhwa; analysing the methods of dispute resolution through the Jirga system; and proposing viable recommendations for the betterment of the Jirga system in administration of justice in the said region.
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spelling iium-782212023-04-19T06:40:43Z http://irep.iium.edu.my/78221/ Jirga and dispute resolution in Khyber Pakhtunkhwa: a critical analysis Ahmad, Muhamad Hassan Khan, Ihtesham Ullah Eishan Jan, Mohammad Naqib K Law (General) Disputes are inevitable and take place in all human societies. Hence, the Pushtoon community is not immune from having disputes at all levels among individuals, families, tribes, or even nations. The Pushtoon community has been using the Jirga system which is the oldest and still one of the typical dispute resolution mechanisms in the society. Although the Jirga system has been very crucial in ensuring the administration of justice and harmony in the Pushtoon community in various ways, it has also been subjected to several criticisms due to its application of unwritten rules and informal structures which sometimes may lead to grave injustice to the parties to the disputes. Accordingly, this article aims at exploring the nature of the Jirga system being used in the Pushtoon community from Khyber Pakhtunkhwa; analysing the methods of dispute resolution through the Jirga system; and proposing viable recommendations for the betterment of the Jirga system in administration of justice in the said region. Serials Publications (P) Ltd. 2019-06-01 Article PeerReviewed application/pdf en http://irep.iium.edu.my/78221/1/78221_Jirga%20and%20dispute%20resolution%20in%20Khyber.pdf Ahmad, Muhamad Hassan and Khan, Ihtesham Ullah and Eishan Jan, Mohammad Naqib (2019) Jirga and dispute resolution in Khyber Pakhtunkhwa: a critical analysis. Journal of Islamic Law Review, 15 (1). pp. 63-79. ISSN 0973-2918 https://www.serialsjournals.com/index.php?route=product/product&product_id=411
spellingShingle K Law (General)
Ahmad, Muhamad Hassan
Khan, Ihtesham Ullah
Eishan Jan, Mohammad Naqib
Jirga and dispute resolution in Khyber Pakhtunkhwa: a critical analysis
title Jirga and dispute resolution in Khyber Pakhtunkhwa: a critical analysis
title_full Jirga and dispute resolution in Khyber Pakhtunkhwa: a critical analysis
title_fullStr Jirga and dispute resolution in Khyber Pakhtunkhwa: a critical analysis
title_full_unstemmed Jirga and dispute resolution in Khyber Pakhtunkhwa: a critical analysis
title_short Jirga and dispute resolution in Khyber Pakhtunkhwa: a critical analysis
title_sort jirga and dispute resolution in khyber pakhtunkhwa: a critical analysis
topic K Law (General)
url http://irep.iium.edu.my/78221/
http://irep.iium.edu.my/78221/
http://irep.iium.edu.my/78221/1/78221_Jirga%20and%20dispute%20resolution%20in%20Khyber.pdf