Through the various discussions in class regarding the Jirga System and its role in the legal sphere, I have learnt that the outright banning of the system is a costly and risky process. If such a ban is not implemented properly, not only could it lead to the alienation of feudal lords in such areas, but also to disastrous consequences for those who actually do benefit from such speedy justice.
I believe the fundamental problem is that the people that reside in such vicinities have invested a lot of faith in the Jirga system, primarily because they assume that it is a system that was followed by their ancestors and therefore consider it a part of their traditions. To counter this, the state would not only have to ensure that the Jirga system is non-functional in all areas of Pakistan, but also certify that the state law is being followed by members of rural communities. Given the state already has a lot on its plate, as discussed in almost every class this semester; this would be a really hard goal to achieve.
Furthermore, I do believe now, in the light of numerous examples that gender inequalities will continue to exist in such systems because of countrywide patriarchy. The problem is therefore not one which can be solved quickly using a single solution. Solving a problem so deeply rooted in society will take time and effort and a particular focus on education so that we can work towards building faith and assuring such rural communities that they can and should trust the state judiciary rather than rely on such local systems.
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