Jirga System in Pakhtun Society: An Informal Mechanism for Dispute Resolution

Barakatullah Advocate & Imran Ahmad Sajid

Abstract
Jirga is an informal mechanism in Pakhtun society for the resolution of civil and criminal
disputes. This article analysis the legal and constitutional status of jirga system in the light of
case laws in Pakistan. For the said purpose, Pakistan Criminal Law Journal, Supreme Court
Monthly Review, Pakistan Legal Decisions and other sources were consulted. The findings
show that jirga system is in contradiction with some of the constitutional provisions in
Pakistan. However, it cannot be discarded immediately. There is a room for improvement in
the jirga systems.

Keywords: Jirga, Pakhutn Society, Pakhtun, FATA, PATA, Pakhtunkhwa.