It is evident through the various instances that this system has been put into practice that it yields quick results. But the outcome is often unfair and therefore ironically, unjust. Given that Jirgas are often led by men, they are usually reflective of only men's interests. Many men use them to get their will and do as they please. Thus the interests of women are quite often compromised in this system.
The argument that the Jirga system results in individuals taking law into their own hands is therefore very valid. It can be an unrepresentative and corrupt system as well. Although the justice system in Pakistan is also corrupt, using the Jirga system as an alternative is not in the interests of the entire community. It is a shot-term solution to a quite complex problem that needs to be resolved carefully.
3 comments:
This matter has been debated to a good extent in class as well.
The system may be unfair at times but by no means is it ineffective. Considering how our judiciary takes decades to solve a single case (my father has to attend court hearings for cases my great grand father started).
Also, if the system is male dominated does the Government have an alternative? Does Pakistan's legal system give any special rights to women?
Criticizing the system is no good unless we come up with an alternative.
I agree with your point made regarding the Jirga system largely constituting of male decision making . Another point that can be added to the strengths of the Jirga system is that the decision making process is swift , unlike the criminal justice system in Pakistan and even European courts.
There also few administrative Costs as the system does not have to go through large nets of formal power. It largely comprises of a circle of men who are assigned to make the decision or make the peace as they call it.
Resolving this issue will take the collective input of all stakeholders. I imagine change will come to the system only through many years of effort and ultimately acceptance by those who use this system.
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