The Process of Jirga and Maraka (common negotiation) amongst the Pashtun Tribes

Abstract

Of the many traditions of the Pashtun tribes, one of them is thepractices of Jirga and Maraka. After a crime has occurred, if the victimchooses the path of peace instead of taking revenge, they have choseneither Jirga or Maraka. The Pashtun Jirga has a regular flow andprogresses at various stages. The Pashtun Jirga is created by taking bothparties of the dispute and having them take part in a mediation meeting inorder to begin the process of inquiry. After the investigation, the Jirgacouncil makes a decision based on the tribal law and once decided, sharesthe decision with the members of the Jirga. If it was acceptable for thecouncil, they then announce the decision to both sides of the dispute in thepresence of tribal elders, Mullah Imam and the youth. If agreed,conciliation will be made and the appropriate compensation will be givento the victimized party. If the decision is not accepted, they will be invitedfor the second and third stages of the discussions. The third attempt isfinal and must be the conclusion of the Jirga.