While many undermine the Jirga system by quickly declaring it as 'barbaric', 'immoral' or 'contemptible', I feel that we shall take a step back to reflect upon the fundamentals of a system we barely understand before abruptly slamming it. It would be a highly despicable practice for us to rebuke the issue solely because it is not in line with our ideologies. The tribal system of settling feuds and resolving issues concerning the citizens dates back to before the advent of Islam or any other modern democratic system. The Jirga system greatly resembles the structure of town councils and is a form of collective decision making for tribal issues much like that in a local court.
In this structure the town
elders gather together to resolve community issues with the consensus of all
members present in light of Islamic law. Verdicts are passed only after
necessary procedures and considerable and careful contemplation is carried out,
For the Jirga law recipients, the system is as fair, legal and reliable
as our courts or state's decisions are for us. The Jirga's decisions are the
sovereign law of the land and aren't unfounded or unsubstantiated as one may
assume. The are based on a proper legal system of Shariah as well as moral
codes of "hospitality, refuge and revenge". (Yes, I had to google its foundations)
It may be true that one could
assume the Jirga as a way of Individuals taking the law into their own hands
and undermining the writ of the state but the harsh reality is that the need
for Jirga system originates from a huge vacuum of justice that the state failed
to provide due to the nature of those regions. Without even the system of Jirga
councils in place, anarchy would persist in the land and then the situation would actually be
primitive and uncivilized. Not only that, the Jirga is a system of swift and
cheap justice in regions where law courts take decades and huge amounts are
spent in the legal process despite which no action is taken against aggressors.
I acknowledge the fact that yes, the
Jirga system may be highly flawed, patriarchal and unfair to women, and even
that it has been hijacked by certain radical factions to be manipulated to
further their own interests instead of fulfilling the system's intended
purpose. But before raising fingers at that system one must look towards our
own justice system which is failing terribly today and incidents of system loopholes
freeing the guilty, never-ending cases or false implications of the innocent are common. The Jirda system had stood the test of time by efficiently and democratically resolving issues for centuries. Anyone arguing its replacement by a Western judiciary needs to realize the impossibility of such a Eutopia in a nation where a free and independent judiciary is still a dream in the major cities!
7 comments:
Jirgas have different rules and standards to make decisions and according to my research, rules in jirgas today have no relation to what Islam has to say.
Though Jirgas may be a better option temporarily but efforts should be made to decrease the differences between the courts and jirgas so that equality could be implemented.
Risha, I agree that the Pakistani court system is flawed and that the Jirga system is based on a proper legal system of Shariah as well as moral codes of "hospitality, refuge and revenge". However the honor killing of more than 900 girls in rural areas of Pakistan, each year, cannot be justified. People have been using the Jirga system for their own advantage, and mould it in a way to benefit mostly the elite, and the patriarchs.
The fact that is more alarming is that serious offences, such as rape, and even honor killings are being justified in the name of the Shariah law. On the outside, there is the Jirga system, which in essence is a system free of these very problems- but if we look closely, this system is being used to suit the purposes of particular parties and is hardly to the Shariah.
While the tribal Jirgah system may have its positive features the treatment of women under it can not be justified. A woman who chooses to marry the man out of her will is considered as 'kari' and punished despite her nikkah. So in this regard it is really not a system following islamic law. Furthermore, any accused female is given no right to defend herself. I completely agree with Zainab that the Jirgah system is used by people for their own advantage, usually by the patriarchs of our society.
Jirga system might run on the Shariah system I agree. But the biggest limitation of this system is the role of women and how badly they are treated through this system. They are not even given an equal voice in these jirga systems.
What I got out of the first two paragraphs was that the Jirgah system is purely democratic and it allows for the voices of all those that are effected by it to be heard and considered in the decision making processes.
While it might be described that way on various sites online, that is not the case. Although the panel consists of more than one person, it might as well be called an autocracy because these people are the decision makers who base their judgments solely on their own views and disregard the opinions of others while making decisions which they later on forcefully impose on these people.
Democracy is the right of every citizen of Pakistan and despite its many strengths, the Jirgah system denies the people this right which is a flaw that should be given some serious consideration.
So basically the system can be improved by giving rights to women especially if women were placed on the decision making panel to give them a voice to enforce decisions that aren't detrimental to women.
What I believe is that yes, the system is prejudiced against women and many female lives ARE ruined at its hands. But if not this system, then what else would work in such regions? The entire reason that this system exists is because our own legal system has gravely failed there! Western judiciary systems have NOT worked and thus they cannot be applied there! Without Jirga, there would be no justice system in place at all. Then imagine teh barbarous acts that would occur with no law in place. Both men and women would fear for their lives, property and families. Lets choose the lesser of the two evils and try to bring about the essential reforms in the existing setup where possible and try to bridge the gap between the two legal systems.
I like how you contextualized the Jirga system and provided its pros and cons.
Zainab, where are you getting your 900 women a year killed in the tribal areas statistic? Please provide evidence for claims. Also you say, "People have been using the Jirga system for their own advantage, and mould it in a way to benefit mostly the elite, and the patriarchs." What if I were to say, "People have been using the state's legal system for their own advantage, and mould it in a way to benefit mostly the elite, and the patriarchs." Isn't this criticism valid for both?
As Risha highlights, "Without Jirga, there would be no justice system in place at all. Then imagine the barbarous acts that would occur with no law in place." Is the jirga system therefore necessary to fill the justice gap, even though it has failings when it comes to the treatment of women and is not entirely representative?
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