Jirga System in FATA-Pakistan (A Forum to Dispense Justice): Guidance from the Teachings of Ahl al-Bayt.

Abstract

Jirga (informal judicial setup) in its unique form, is practiced in the northern tribal areas of Pakistan, bordering Afghanistan, known as Fata. It comprises of elders from various local tribes, coordinated by leading personalities known as Maliks. Pakistani federal government in the past had granted autonomy to the region. Majority of the tribes are Sunni Muslims, while Shia tribes also exist in a sizable minority. The construction of the tribal society adheres to a mixture of cultural and religious norms, at times making it difficult to separate the two. After the advent of Taliban, the centuries old Jirga system lost its construction and effectiveness under the rigid rule of the Taliban. Since the military operation in the last decade and dislodging of the Taliban, a vacuum is created, which has become a foundation of a debate in Pakistan, regarding the future set-up, in these tribal areas. In this situation, we believe the current environment of rebuilding after evacuation of Taliban from this area, provide a conducive setting for the new system, which should be influenced by the teachings and examples of the family of the Holy Prophet (PBUH)-Ahl Al Bayt. Through this restructuring of Jirga system, many deficiencies within the cultural traits of the tribal system can also be addressed and foundation of a healthy society on the principles of justice, equality and fair play can be established.