Jirga as a Mechanism of Dispute Resolution: An Evaluation in the Eyes of Islamic Principles and Legal Challenges in Pakistan

Abstract

The Jirga system in Pakistan has historically served as an informal approach to imparting community-based justice. However, the practical implications of this system raise serious questions regarding its compliance with Islamic
jurisprudence and constitutional mandates. This thesis analyses the Jirga system through an Islamic lens, exploring its conceptual foundation in Islamic law and identifying elements contradicting Islamic principles and constitutional provisions. Additionally, it also examines any obstacles, legal
or systemic, that are impeding the recognition and legalization of the Jirga system in Pakistan. By juxtaposing the Jirga system with Alternative Dispute Resolution (ADR) mechanisms, the research critically identifies Pakistan’s reluctance to institutionalize Jirga while accommodating ADR frameworks. The study concludes by assessing whether the Jirga system can be reformed to operate within the boundaries of Islamic and constitutional law, and it also proposes recommendations to make tradition comply with legal and religious compliance.