Urbanites who have little knowledge about
the legal system of the tribal regions feel that the Jirga System should be
demolished. However, the Jirga System has been the only form of justice for
people living in the tribal areas long before the advent of Islam and the emergence of the western democratic system. Influencing the judicial decisions in
the big cities is not a new concept, which directly represents the discredited Pakistani
legal system. At the same time, the Jirga system is an easily accessible,
inexpensive way for locals who do not have the same influence that the upper
middle class might have to access justice.
In my previous article, I highlighted that
the executive, for the longest time, has been interfering with the judicial
decisions. This is one of the underlying causes of the Jirga systems success. The
executive would not interfere with the Jirga’s decisions, establishing a law
uniform to all. Where the western
judicial system has failed our society, the Jirga system has successfully
decided cases on murder, theft and land disputes.
Suggesting that the tribal legal system is
completely an inhumane system is a relative portrayal. I agree there are
decisions made by this apparatus that are beyond justification such as Honor
Killings, Vani, and child abuse, but
refuting the structure completely is not the equitable way to go about it.
The Jirga is in fact an outdated and
oppressive system (especially towards women and children). However, it cannot
be denied that no credible substitutes are available in tribal regions of KPK
and Baluchistan, not only because the people are not very open to the idea of a new legal
system but also because the government does not have sufficient power to really
demolish it.
2 comments:
I totally agree with the fact that the Jirgah system cannot be abolished until a credible alternate system is developed.
However, we should be aware of the fact that the Jirgah system existing today is not in it's "purest" form. Similar to the existing judicial system, where the executive is expected to be interfering with the judiciary, the jirgah system is also not unbiased. It is influenced by the powerful and influential in those areas.
You identify the ultimate problem that exists with those who advocate for the jirga system to be abolished, i.e. what will be put in its place? Since no viable alternative structures exist, then it probably makes more sense to reform the jirga system rather than attempt to completely abolish it.
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