The legal position of community mediation in Khyber Pakhtunkhwa: a critical analysis

Resolving neighbourhood disputes in the community through amicable settlements has been in practice in different provinces of Pakistan in various forms such as Panchayat, Jirga, Faislo. Nevertheless, these traditional dispute settlement mechanisms do not exactly resemble the contemporary community m...

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Main Authors: Ahmad, Muhamad Hassan, Khan, Ihtesham Ullah, Eishan Jan, Mohammad Naqib, Md. Dahlan, Nuarrual Hilal
Format: Article
Language:English
Published: Serials Publications (P) Ltd. 2019
Subjects:
Online Access:http://irep.iium.edu.my/78223/
http://irep.iium.edu.my/78223/1/IREP%20ARTICLE%20THE%20LEGAL%20POSITION%20OF%20COMMUNITY%20MEDIATION%20IN%20KHYBER%20PAKHTUNKHWA.pdf
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author Ahmad, Muhamad Hassan
Khan, Ihtesham Ullah
Eishan Jan, Mohammad Naqib
Md. Dahlan, Nuarrual Hilal
author_facet Ahmad, Muhamad Hassan
Khan, Ihtesham Ullah
Eishan Jan, Mohammad Naqib
Md. Dahlan, Nuarrual Hilal
author_sort Ahmad, Muhamad Hassan
building IIUM Repository
collection Online Access
description Resolving neighbourhood disputes in the community through amicable settlements has been in practice in different provinces of Pakistan in various forms such as Panchayat, Jirga, Faislo. Nevertheless, these traditional dispute settlement mechanisms do not exactly resemble the contemporary community mediation practices. Accordingly, this paper aims to discover the legal status of community mediation in the Pakistani legal system. It can be observed that there is no specific legal framework governing the community mediation, the training and qualifications of community mediators, and the community mediation centres in Khyber Pakhtunkhwa. Thus, this paper proposes that there is a need to legislate a comprehensive legal framework which covers mediation from all dimensions - including community mediation - at the federal level by giving importance to the traditional dispute resolution methods in place in various provinces of Pakistan and also learning experiences from other suitable jurisdictions.
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spelling iium-782232023-04-19T06:38:29Z http://irep.iium.edu.my/78223/ The legal position of community mediation in Khyber Pakhtunkhwa: a critical analysis Ahmad, Muhamad Hassan Khan, Ihtesham Ullah Eishan Jan, Mohammad Naqib Md. Dahlan, Nuarrual Hilal K Law (General) Resolving neighbourhood disputes in the community through amicable settlements has been in practice in different provinces of Pakistan in various forms such as Panchayat, Jirga, Faislo. Nevertheless, these traditional dispute settlement mechanisms do not exactly resemble the contemporary community mediation practices. Accordingly, this paper aims to discover the legal status of community mediation in the Pakistani legal system. It can be observed that there is no specific legal framework governing the community mediation, the training and qualifications of community mediators, and the community mediation centres in Khyber Pakhtunkhwa. Thus, this paper proposes that there is a need to legislate a comprehensive legal framework which covers mediation from all dimensions - including community mediation - at the federal level by giving importance to the traditional dispute resolution methods in place in various provinces of Pakistan and also learning experiences from other suitable jurisdictions. Serials Publications (P) Ltd. 2019-12-01 Article PeerReviewed application/pdf en http://irep.iium.edu.my/78223/1/IREP%20ARTICLE%20THE%20LEGAL%20POSITION%20OF%20COMMUNITY%20MEDIATION%20IN%20KHYBER%20PAKHTUNKHWA.pdf Ahmad, Muhamad Hassan and Khan, Ihtesham Ullah and Eishan Jan, Mohammad Naqib and Md. Dahlan, Nuarrual Hilal (2019) The legal position of community mediation in Khyber Pakhtunkhwa: a critical analysis. Journal of Islamic Law Review, 15 (2). pp. 241-258. 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
Md. Dahlan, Nuarrual Hilal
The legal position of community mediation in Khyber Pakhtunkhwa: a critical analysis
title The legal position of community mediation in Khyber Pakhtunkhwa: a critical analysis
title_full The legal position of community mediation in Khyber Pakhtunkhwa: a critical analysis
title_fullStr The legal position of community mediation in Khyber Pakhtunkhwa: a critical analysis
title_full_unstemmed The legal position of community mediation in Khyber Pakhtunkhwa: a critical analysis
title_short The legal position of community mediation in Khyber Pakhtunkhwa: a critical analysis
title_sort legal position of community mediation in khyber pakhtunkhwa: a critical analysis
topic K Law (General)
url http://irep.iium.edu.my/78223/
http://irep.iium.edu.my/78223/
http://irep.iium.edu.my/78223/1/IREP%20ARTICLE%20THE%20LEGAL%20POSITION%20OF%20COMMUNITY%20MEDIATION%20IN%20KHYBER%20PAKHTUNKHWA.pdf