Is the Jirgah system even the problem or Is the root of the problem something else? Session 5:

When we talk about the Jirgah system we find two kinds of views related to it. Both extreme. There are some people especially from places where it is commonly practiced, who are in support of the system and they see a lot of benefits associated with such a system and that might very well be true. The formal system of law has failed them miserably which is why they have to turn to such a system to deal with the every day issues that arise as this system is faster and commonly accepted.

Then there is the other extreme where people condemn the jirgah system as something that is wholly inhumane. As it is a system which reflects the bias of the male members of a certain society and justifies the killing of individuals under this system as that bias is strong enough to be considered a law. Killing under such a system is not seen as a murder, it is justified and not questioned.

My point is, to debate whether the Jirgah system is good or bad? Is really not what the debate should be about. I think the problem lies way deep in such a society. It is not the jirgah as in the system that permits the killing of women or legitimizes the use of violence against women. It is the male members in charge. The problem is not in the system, the problem actually lies in the thinking process of these men. The lack of education, tolerance or exposure to difference in thought. The system reflects the rigid mentality of men in positions of power who have formed such a system. So if at all, we are trying to point fingers at something or someone we must point the fingers at the patriarchs of such societies. I can respect that every society is different and ‘izzat’ is a very important aspect in their society  but to kill a human because they married out of their choice can not be justified. Further more these people are mostly muslims and they consider adultery a sin because it is a sin in Islam. However, they conveniently pick and choose aspects of the religion that seem to serve their interests as no where in Islam a woman is to be punished if she marries out of her free will. Under this system, despite her nikkah, the woman is labeled as ‘kari’ and killed in the name of honor.

This is anything but HONOR. It is a male taking a human life to cover his own insecurity about losing power over the women in his family or society as a whole.

What system a society follows is irrelevant to me. It can be at a local level or a higher level such as a formal system of law. It needs to fulfill what its function needs to be, to serve justice and not discriminate against a group of individuals. It needs to be fair and humane at the very least otherwise there really is no point of its existence if it only serves the interests of the ruling members of the society, which in this case are the patriarchs.