Jirga and Panchayat for the Resolution of Family Disputes in Pakistan: An Analytical Prospects

Zeeshan Ashraf1, Mohammad Azam Hussain2 & Ain Husna Mohd Arshad3

Abstract
Jirga and Panchayat exist in the rural social system of Pakistan for the resolution of family disputes. Conflicting parties use these to resolve conflict amicably and quickly in an informal justice system. However, the Jirga and Panchayat methods have no backing of the legal framework. The composition of said methods to resolve disputes among the two families by the village elders who have power of land, and authority to rule over the people of the community. The proceedings of said Jirga and Panchayat have no proper mechanism and procedure
of proceedings and the verdicts are given without consideration of Islamic injunctions and human rights laws. This article has found the answer, to whether the Jirga and Panchayat are in line with the injunctions of Islam and human rights or not. This socio-legal research has been carried out using qualitative methodologies, and data analysis has been carried out through an analytical and critical analysis. The article significantly concludes that these practices have no backing of law except if it is permitted by the family court to resolve their disputes out of court. Therefore, it is recommended that there should be an amendment in the family laws of Pakistan to adopt the procedure provided under section 3, schedule 1 clause IV
of provincial ADR laws for amicable settlement of family disputes in Pakistan.

Keywords: Alternative Dispute Resolution; Customary Practices; Family Dispute Resolution; Jirga; Panchayat.