Rather than hold a debate on whether the Jirga system should
be considered good or bad, we should question the existence of the Jirga system
itself. The important question to ask is “Why does the Jirga exist?” It exists
as a symbol of the ineffectiveness of the state. Regardless of whether the
system is good or not, it should be known that a need should not have arisen
for this system if said “State” functioned in accordance to its defined
characteristics and functioned effectively.
The state fails to maintain its legitimate use of violence
and this usage is distributed among the people. People take the law in their
own hands and can use violence in any manner. The use of violence should only
be restricted to the state itself and should not be let out for the usage of
the people. Violence as power is a dangerous tool to be playing with and not
everyone is capable of dealing with this tool.
This failure of the state then ultimately puts it self’s
existence into question. The state is not in control of power. If it is not in
control of power then the state fails to safeguard the interests of
society.
4 comments:
The state has failed in many ways, they have failed to carry out the promises done to the public in many areas but we do not stop to question them, in the same way if we cannot completely eradicate jirga system the least we can do is to question their rulings and codes under which they take power in their hands and become the worldly gods who cannot be questioned.
You are right that only state should be in power. It does exist not only because of state's ineffectiveness but also because jirga system is a deeply rooted seed in the minds of tribal people which cannot be easily removed. Its their old cherished tradition and we do need jirga because if it works properly, it is helping state in maintaining law and order at a micro level which otherwise would be very difficult for the state to maintain.
I don't think anyone questioned or disagreed with the claim that the state has failed to perform its duties, that is a commonly accepted fact. But the Jirga existed far before the state malfunctioned and as Ayesha mentioned, it is a tradition. It has been in place ever since the British rule.
However, even if it is a cherished tradition, this does not justify the heinous crimes committed under the protection of the Jirga. Which is why this justice system needs to be manipulated greatly before its allowed to function.
I don't know if the jirga system "exists as a symbol of the ineffectiveness of the state" as much as it exists because it has existed in these regions for hundreds of years. It's hard to change traditional beliefs and systems, especially systems that have deep historical salience in these regions.
Also why does everyone put so much faith in the state? Why is the state seen as sacrosanct as compared to traditiona governance, culture, and traditions?
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