Jirga System
Jirga is the customary judicial institution in which the cases are tried, rewards and punishments are inflicted. The use of Jirga is from the outset, not limited to trials of major or minor crimes and civil disputes but it also helps and assists in resolving conflicts and disputes b/w individuals, groups and tribes .It is the only vehicle through which the political administration in tribal areas asserts itself in different ways. Whenever, there is a clash or fight b/w two rival groups or clans in an agency, usually on their proprietary rights of certain land or mountain, the well armed rival groups dig in and the fight starts. This usually results in several deaths and dozens being wounded, paralyzing every day activity completely. The political administration lacks the authority to enforce peace. so jirga is held with the two sides separately; either a cease-fir is obtained, or a ‘Tiga’ is placed.
The origin of jirgas is lost in the mist of history. It may have been indigenous to pakhtun society or may have been brought along by central Asian invaders .Jirga is, however, an institution which helps to promote and enrich the pakhtun culture and values.
Different societies have their own traditions of justice like, the concept of puncbaiat in Sub-Continent or Anglo-American concept of Jury, in United States. These institutions are of historic importance, in which a group of people participates in major way in deciding cases brought to the trial. So Jirga is also one tradition of Justice.
The origin of jirgas is lost in the mist of history. It may have been indigenous to pakhtun society or may have been brought along by central Asian invaders .Jirga is, however, an institution which helps to promote and enrich the pakhtun culture and values.
Different societies have their own traditions of justice like, the concept of puncbaiat in Sub-Continent or Anglo-American concept of Jury, in United States. These institutions are of historic importance, in which a group of people participates in major way in deciding cases brought to the trial. So Jirga is also one tradition of Justice.