INSTALLATIONS OF THE JUDICIAL SETUP IN THE NEWLY MERGED AREAS OF ERSTWHILE FATA: THE FUTURE OF JIRGA

Abstract

The Pashtun Jirga, a traditional dispute resolution system, has historically played a crucial role in promoting peace and resolving conflicts within Pashtun communities. However, the recent installation of a formal judicial system in the merged areas of the former Federally Administered Tribal Areas (FATA) in Pakistan raises questions about the future of the Jirga. This study examines the significance of the Jirga in Pashtun society and analyses the potential impact of the new judicial system on its continued existence. The research concludes that the formal system has had minimal influence on the prevalence of the Jirga primarily due to two factors: The local population is accustomed to and trusts the traditional Jirga system. Certain complex cases in the region prove challenging for the formal system to handle effectively, necessitating the assistance of the Jirga. Based on these findings, the study recommends the coexistence of both the Jirga and the judicial system. This approach would enable the region to benefit from the strengths of both traditional and formal systems, ultimately contributing to lasting peace and security.