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1

Sazhenov, Nickolay. "LOYA JIRGA IN THE SYSTEM OF POLITICAL INSTITUTE OF MODERN AFGHANISTAN." Eastern Analytics, no. 2 (2020): 111–21. http://dx.doi.org/10.31696/2227-5568-2020-02-111-121.

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The article is devoted to the analysis of Loya Jirga’s role and place in the political system of modern Afghanistan. General information about Jirgas in Afghanistan is provided because this institution replicates similar traditional tribal bodies on the national level. The author describes four possible types of Jirga in terms of participants and territorial coverage. Special attention is given to the analysis of constitutional rules which determine the powers of the Loya Jirga and its status in the political system of post-Taliban Afghanistan. Moreover, the author provides a brief characteris
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2

Mahmood, Amna, Shaukat Ullah, and Shughla Ashfaq. "The Evolution of Jirga System: A Conflict Resolution Mechanism in FATA." Liberal Arts and Social Sciences International Journal (LASSIJ) 2, no. 1 (2018): 21–28. http://dx.doi.org/10.47264/idea.lassij/2.1.3.

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This study aims to evaluate the mechanism of conflict resolution through the Jirga system in Federally Administered Tribal Areas (FATA) of Pakistan. Conflict is a common issue in every society, but the resolving bodies exist in every society which are working according to their socio-cultural set-up. The Jirga system is a conflict resolution body in semi-governed tribal areas of Pakistan in the absence of formal legal and justice system. This study highlights the evolution or historical background and concept of the Jirga system as well as the kinds of Jirga system. The study further evaluates
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3

Sajjad Ali, Asif Ali Sha, and Altaf Hussain. "Conflict Resolution in Erstwhile FATA: A case Study of Jirga." Social Science Review Archives 3, no. 2 (2025): 1033–39. https://doi.org/10.70670/sra.v3i2.693.

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The aim of this paper is to expand on the conflict resolution process of the Jirga system in Pakistan's Erstwhile (FATA). In any culture, disputes are very normal, but there are also resolving mechanism that function according to their traditions. In the absence of a structured legal and justice system, the Jirga system is a dispute resolution authority in Pakistan's tribal districts. This research examines the history of the Jirga system and various kinds of Jirga system, as well as its historical context and definition. The research further elaborates the Jirga system's procedures as to how
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Shahzad, Khurram, and Waqar Ahmad. "Comparative Analysis of Formal and Informal Dispute Resolution Council in Tehsil Razzar, District Swabi." Qlantic Journal of Social Sciences and Humanities 3, no. 1 (2022): 23–40. http://dx.doi.org/10.55737/qjssh.67814599.

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Jirga is a non-official but restricted institution that exists in Pashtun social structures.. Jirga is defined as the group of members of exact subgroup of Pashtun, considering a matter of universal interests. Particularly in tribal communities adhering to Pashtun traditional standards, it is viewed as a cover of safety and protection for the underprivileged. Jirga is used to settle conflicts over public and private space. Jirga upholds democratic principles and maintains an impartial stance when mediating and arbitrating disputes between plaintiffs. Jirga is a representation of a democratic s
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Ali, Muhammad Umair. "Gender Identity and the Issues of Acceptance in Pakistani Community." Global Sociological Review V, no. I (2020): 7–15. http://dx.doi.org/10.31703/gsr.2020(v-i).02.

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irga is a unique traditional justice system, the word “JIRGA” in Shina (local language) means Arbitration in English. Its employees a process of dispute settlement with the intervention of notables of the society followed by the free consent of the disputing parties. This study was carried out to study the structure and functioning of Jirga system. Researcher adopted the purposive sampling technique and collects the data from 36 respondents; area of the study was Haramosh Gilgit-Baltistan. Study focus the Jirga system and its implications; researcher designed the questioner to investigate the
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Gul, Sumara, and Sadia Fayaz. "ROLE OF WOMEN IN DISPUTE RESOLUTION AND PEACE BUILDING IN KHYBER PAKHTUNKHWA: A CRITICAL ANALYSIS OF KHWENDO JIRGA (SISTERS’ COUNCIL)." Pakistan Journal of Social Research 04, no. 02 (2022): 1163–73. http://dx.doi.org/10.52567/pjsr.v4i2.611.

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This paper examines the status of women role in dispute resolution in Khyber Pakhtunkhwa. In Pakhtun culture, disputes are resolved through alternative means to avoid formal court procedures and to keep the secrecy of the matters. The most appropriate method of dispute resolution is Jirga, which is centuries old phenomena of this region. Jirga is conducted locally and the decisions made are binding on the disputant parties through the cultural codes and traditional values. Jirga is composed of male members of the society and women are not allowed to take part in its decision making although ma
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7

Mehmood, Wajid, Syed Imran Haider, and Rashid Ali. "JIRGA AND SHARITIZATION: AN ANALYSIS OF MARAKA IN DISTRICT KARAK." Global Political Review 2, no. 1 (2017): 54–60. http://dx.doi.org/10.31703/gpr.2017(ii-i).06.

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This paper aims at analyzing the traditional processes of conflict resolution in Pukhtoon society. The institution under study is Jirga an essential element of Pukhtunwali. By using Karak district in Khyber Pakhtunkhwa as a case study, this paper explores Maraka a form of Jirga that dispenses justice at a local level on the basis of Pukhtunwali and Shariah. This study found that the current conflict in the region has significant implications for the institution of Maraka in terms of its structure, composition and dispensation of justice. In most of the Jirgas Ulama (religious clerics) are cons
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8

Wajid, Mehmood. "JIRGA AND SHARITIZATION: AN ANALYSIS OF MARAKA IN DISTRICT KARAK." Global Political Review - GPR 2, no. 1 (2017): 54–60. https://doi.org/10.31703/gpr.2017(II-I).06.

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This paper aims at analyzing the traditional processes of conflict resolution in Pukhtoon society. The institution under study is Jirga an essential element of Pukhtunwali. By using Karak district in Khyber Pakhtunkhwa as a case study, this paper explores Maraka a form of Jirga that dispenses justice at a local level on the basis of Pukhtunwali and Shariah. This study found that the current conflict in the region has significant implications for the institution of Maraka in terms of its structure, composition and dispensation of justice. In most of the Jirgas Ulama (religious clerics) are cons
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9

Hussain Ahmadzai, Mohammad. "The Process of Jirga and Maraka (common negotiation) amongst the Pashtun Tribes." Addaiyan Journal of Arts, Humanities and Social Sciences 2, no. 1 (2020): 28–35. http://dx.doi.org/10.36099/ajahss.2.1.4.

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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 J
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10

Khan, Muhammad Asghar, Muhammad Younas, Sheraz Ali, Waleed Shehzad, and Wasiq Ahmad. "Comparative Analysis of Jirga System as a Socio- Cultural Heritage in the Pre and Post Militancy in Swat." Journal of Policy Research 10, no. 3 (2024): 347–53. http://dx.doi.org/10.61506/02.00352.

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This paper evaluates the Jirga's significance as a socio-cultural legacy in Swat District and considers how militancy has affected its evolution. By comparing the pre- and post-militancy eras, the study employs a qualitative research methodology to investigate how conflict affects an established institution (jirga). In the pre – militancy, jirga served as revered and respected institution in district Swat. But the Taliban insurgency targeted many formal and informal institutions in the region, including jirga. They created a system of their own which diminished the effectiveness of jirga syste
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11

Shaukatullah and Rubina Ali. "The Mechanism of Tribal Jirga System: Challenges and Prospects." Central Asia 88, Summer (2021): 73–87. http://dx.doi.org/10.54418/ca-88.143.

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In Pukhtoon culture, the Jirga system is the oldest and well-established institution for conflict resolution. However, to date, its history, constitution and actions mostly remain verbal. It is one of the institutions that act as a strong power behind the entire lives of the tribal people individually and publically. Jirga system is practiced as the best tool for conflict resolution and satisfies the aspirations of the people. The mechanism of Jirga is very simple and straightforward, it proceeded in the local language according to custom and tradition of the locality. It provides swift justic
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Mahmood, Tahir, Sajjad Ali Khan, and Shahab Sarwar. "Integrated Justice in Pakistan: From Legal Pluralism to Normative Convergence." Lex localis - Journal of Local Self-Government 16, no. 4 (2018): 805–20. http://dx.doi.org/10.4335/16.4.805-820(2018).

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Legal pluralism, throughout most of developing countries, has been extant since the onset of colonial era. Manifested in a variety of forms, legal pluralism is inherently characterized by both promises as well as limitations. In Pakistan, legal pluralism is epitomized by the prevalence and functioning of parallel systems of justice such as formal courts and Alternate Dispute Resolution Mechanism (ADRM), such as “Jirga. Poor coordination and tenuous enforcement mechanisms, however, render the formal justice system in Pakistan one of poorest performers in terms of judicial efficacy world-wide. T
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Imran, Zubair Ahmed, and Fazal Qadar. "The Nexus of Modernization and Jirga: Empirical Evidence Concerning the Impact of Media (Traditional/Online) on Jirga in Swat, Khyber Pakhtunkhwa, Pakistan." Online Media and Society 4, no. 2 (2023): 78–88. https://doi.org/10.71016/oms/x2e3t047.

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Aim of the Study: The Jirga system is considered as one of the most imperative features contributing toward the social structure of Pakhtun society. Like other facets of life, the Jirga system is also experiencing numerous impacts of modernity through education, media, urbanization, etc. The study was designed to explore perceptions of the different stakeholders regarding the impact of media on the Jirga system concerning modernization. Methodology: To examine the phenomena the Survey methodology was used for the investigation. The quantitative data was obtained through a five-point Likert sca
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Bibi, Hamida, and Surat Khan. "The Perils of Jirga and the Miserable Plight of Women." Review of Applied Management and Social Sciences 3, no. 2 (2020): 141–48. http://dx.doi.org/10.47067/ramss.v3i2.41.

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This study was conducted to critique and asses the institution of Jirga and its practice of Swara. The data was collected through vis-à-vis semi-structured interviews from the Jirgees and Swaras, the two most proximate stakeholders of the institution of Jirga. For the analysis of data, the tool of Thematic Analysis, developed by Braun and Clarke (2015), was used. The findings of the study show that Jirga — besides being unconstitutional — is involved in multifarious inhumane practices and its members are mostly uneducated. Its decisions are completely void of the canon international law and hu
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Fazal Hadi Fazli, Ainul Jaria Maidin, and Sodiq Omoola. "JIRGA IN AFGHANISTAN: ITS FUNCTIONS, CONTEMPORARY CHALLENGES, AND FUTURE PROSPECTS." IIUM Law Journal 32, no. 2 (2024): 267–96. https://doi.org/10.31436/iiumlj.v32i2.977.

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The Afghan “Jirga” system is considered one of the most ancient and well-respected institutions widely used for resolving civil and criminal disputes. The Jirga operates on a basic mechanism, which includes local customs and traditions. It offers swift, accessible, and affordable justice to the local communities. This paper aims to examine the Jirga, and its functions as a traditional mechanism for dispute resolution while identifying contemporary challenges, and evaluating their prospects in Afghanistan. The study seeks to provide insights into how the Jirga system can evolve to meet modern d
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Alam, Fakhre, Shakeel Ahmad, and Abida Bano. "Jirga and Dispensation of Social Welfare Services: A Case Study of Mohmand Tribal District, Pakistan." Liberal Arts and Social Sciences International Journal (LASSIJ) 4, no. 1 (2020): 231–41. http://dx.doi.org/10.47264/idea.lassij/4.1.20.

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This paper examines Jirga's role in providing social welfare to marginalized (poor and orphans) and persons with disabilities in Tribal Districts of Pakistan. In Pakistan's tribal districts, due to lack of written laws and deficiencies in formal social welfare structure, Jirga has also got a contour of informal welfare institutions for rendering services to society's downtrodden poor, orphans, and persons with disabilities. This research uses a case study approach and engages qualitative methods for data collection and data analysis. A total of 23 qualitative in-depth individual interviews and
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17

Bangash, Arman Ullah. "Dispute Resolution through Customary Laws The Role of 2008 Murree Accord in Resolving Sectarianism in District Kurram." CARC Research in Social Sciences 1, no. 2 (2022): 47–51. http://dx.doi.org/10.58329/criss.v1i2.15.

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2008 Murree Accord, commonly Known as Murree Jirga, is the one of the major joint agreement between Sunni and Shia groups of District Kurram regarding the resolution of 2006-07 long lasting sectarian conflicts. This is a unique agreement because it involves fifteen council elders (Maliks) from both sides of the two warring groups which have never signed such agreement in the past. This study aim in exploring the mediator role of the Jirga under customary laws in bringing stability and peace for the common good of the locals of District Kurram while addressing the major question that how Murree
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18

Nouman, Muhammad, Zeeshan Ahmad, and Maghfoor Ullah. "The Role of Dispute Resolution Council in Dispute Resolution: A Case Study of Khyber Pakhtunkhwa." Global Regional Review VII, no. IV (2022): 46–52. http://dx.doi.org/10.31703/grr.2022(vii-iv).05.

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Jirga is an ancient institution of conflict settlement in Pakhtun civilization. Its effectiveness declined throughout the course of time, which led to the widespread skepticism among the general populace over their ability to depend on it. This study explores all of the elements that contributed to the unacknowledged and questionable status of the Jirga institution, which in turn created space for the development of alternative dispute resolution (ADR) mechanisms. Data gathered from primary and secondary sources in order to conduct an analysis of the alternative dispute resolution system that
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Amjad, Sana. "Examining the Role of Women-Jirga in Mitigating Cultural Challenges Faced by Women: A Case Study of Khwendo-Jirga in Swat, Khyber Pakhtunkhwa, Pakistan Since 2013." Global Regional Review IX, no. III (2024): 159–69. http://dx.doi.org/10.31703/grr.2024(ix-iii).16.

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In patriarchal societies, women have long faced dehumanization and victimization in areas such as education, healthcare, employment, and marriage, leading to deep cultural challenges. This research explores how women in Swat, Pakistan, established the Khwendo-Jirga (Sister’s Council) to challenge these cultural norms and secure their rights. By leveraging the existing power structures, these women created a platform to address the cultural challenges faced by others, challenging male-dominated discourses. The study employs qualitative content analysis based on interviews with Khwendo-Jirga act
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Kamran, Muhammad, Sarfraz Khan, and Ikram Badshah. "JIRGA AFTER MILITANCY: TRADITIONAL SOCIAL JUSTICE SYSTEM IN DARA ADAM KHEL FR KOHAT, PAKISTAN." Global Political Review V, no. I (2020): 127–34. http://dx.doi.org/10.31703/gpr.2020(v-i).15.

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The current research was conducted in Dara Adam Khel, Pakistan to explore the structure and procedure of the informal social justice system- commonly known as Jirga. The war on terror made it imperious for tribal Pakhtuns to bring back their chaotic lives on the right track to achieve economic prosperity and peace in the region. Pakhtuns residing in Pakistan have been suffering from this tempestuous situation since decades. Terrorism has brought the social structure to standstill. Due to the war on terror, the Jirga system has experienced a serious setback. The Jirga system has served the Pakh
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Ahmed, Zahid Shahab, and Farooq Yousaf. "Pashtun Jirgas, Their Potential in Pak-Afghan Reconciliation and National Reconstruction." South Asia Research 38, no. 1 (2018): 57–74. http://dx.doi.org/10.1177/0262728017748382.

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Relations between Pakistan and Afghanistan have mostly been hostile since 1947. The animosity has grown in complexity from various territorial disputes to frequent allegations of cross-border terrorism in the post-9/11 era. This article first makes a case for involving Jirgas, a traditional dispute resolution mechanism among Pashtuns, for improving peace dialogues between both countries. It presents evidence of the traditional acceptability of Jirgas by Pashtuns on both sides of the border and assesses previous official bilateral attempts of using Jirgas. It then proceeds to propose some new p
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Saikal, Amin. "Afghanistan after the Loya Jirga." Survival 44, no. 3 (2002): 47–56. http://dx.doi.org/10.1080/00396330212331343412.

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Zahid Ullah, Karam Elahi, Tariq Ullah, and Usman Khan. "Administration of Justice in Bajaur: A Comparison of Traditional Jirga and Formal Court System." Critical Review of Social Sciences Studies 3, no. 2 (2025): 1934–43. https://doi.org/10.59075/8e2y3k35.

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The erstwhile Federally Administered Tribal Areas (FATA) was merged into the Khyber Pakhtunkhwa through the 25th Constitutional amendment. Along with various institutional changes, the justice system has also undergone significant changes after the merger in 2018. This research article presents a comparison of the administration of justice before and after the merger of FATA and examines its impacts on justice system in District Bajaur. The study is qualitative in nature, employing comparative and exploratory designs. Semi-structured interview guide and purposive sampling technique have been u
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Singh, Rai. "Emergency Loya Jirga Shapes Afghanistan's Future." India Quarterly: A Journal of International Affairs 58, no. 2 (2002): 173–86. http://dx.doi.org/10.1177/097492840205800210.

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Sheeraz Farooq and Taimoor Shehzad. "Exploring the Processes of Informal Justice System in Resolving Gender-Based Violence: A Case Study of Mansehra City." Social Science Review Archives 3, no. 1 (2025): 2645–63. https://doi.org/10.70670/sra.v3i1.579.

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Gender-based Violence (GBV) remains a prevalent issue in Pakistan. The GBV cases are often settled through Informal Justice System which functions more as a reconciliatory body than a provider of justice to victims. This study explores the processes of the informal justice system, specifically the Jirga, in addressing GBV within the context of Mansehra City. The research examines the structure, function, and effectiveness of the Jirga in resolving GBV cases, focusing on the challenges faced by women seeking justice through this system. Issues such as patriarchal practices, lack of female repre
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Johnson, Thomas H., and Ronald J. Barnhart. "An Examination of Afghanistan’s 2018 Wolesi Jirga Elections: Chaos, Confusion and Fraud." Journal of Asian Security and International Affairs 7, no. 1 (2020): 57–100. http://dx.doi.org/10.1177/2347797020906635.

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This article’s primarily focus concerns Afghanistan’s ‘democratic’ electoral processes and procedures. Fraud and other critical aspects of the 2018 election for the Wolesi Jirga, Afghanistan’s lower house of parliament, are systematically assessed and official election data and results are examined in depth. As witnessed in earlier Wolesi Jirga elections, this legislative election was duplicitous and unrepresentative. By definition, a democratic legislature serves as the voice of a country’s population. Assessing the voting results in Kabul, the largest and most important province, can summari
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Farhan, Muhammad, Sheeba Irfan, and Hassan Taj. "Role of Informal Institutions in Climate Change Adaptive and Mitigative Measures: A Case Study of Jirga and Ashar Movement." Summer 2023 VIII, no. III (2023): 10–17. http://dx.doi.org/10.31703/gsr.2023(viii-iii).02.

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This research delves into the significant role of informal institutions, notably the Ashar movement and the Jirga, in addressing climate change adaptation and mitigation. Operating within traditional frameworks for conflict resolution, these structures play a vital role in fostering societal harmony and environmental stewardship. Focusing on Baluchistan, Pakistan, where the Ashar movement originated, the study examines its grassroots initiatives in combating issues like deforestation. The Jirga, as an essential component, formulates resolutions that blend tradition with modern challenges. Empl
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Palmisano, Antonio Luigi. "La jirga e la giustizia informale in Paktia." FUTURIBILI, no. 1 (March 2011): 153–77. http://dx.doi.org/10.3280/fu2011-001011.

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L'Autore, nell'ambito del rapporto generale tra diritto informale e diritto formale, e cioč tra diritto della comunitŕ e dei valori e diritto dello stato, affronta la giustizia informale gestita direttamente dalledei pashtun e delle pene previste dal diritto informale per i delitti compiuti. Lesono una sorta di assemblea degli "anziani", operanti a livello locale, e parallelamente alle corti primarie, secondarie e d'appello di Kabul. L'Autore illustra come sono composte e operano tali. Una seconda parte dell'articolo riporta analiticamente le pene per ogni singolo delitto, secondo le categorie
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Anwar, Sajad, and Inayat Kalim. "The Complexity of Intra-Afghan Dialogue Civil War Looms in Afghanistan." University of Wah Journal of Social Sciences 5, no. 1 (2022): 151–66. http://dx.doi.org/10.56220/uwjss2022/0501/09.

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The US and NATO through a peace deal got a safe exit from Afghanistan. In this backdrop, the economic future of Afghanistan is more important. On the other hand, Pakistan has a short period to format its policies because after the US withdraws, there are serious threats of civil war and chaos in Afghanistan. India, Pakistan, Russia, and China are the rival states in the regions, which have strategic interests in Afghanistan. Regional, religious, ethnic, political, social, and economic complexities are the major obstacles to the Intra-Afghan peace deal. All these factors are indicating more com
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Veretilnyk, Oleksandr. "Rola Loji Dżirgi w kształtowaniu systemu politycznego Afganistanu." Przegląd Prawa Konstytucyjnego 76, no. 6 (2023): 189–99. http://dx.doi.org/10.15804/ppk.2023.06.14.

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In this article, the author presents the results of research on the origins of the Loya Jirga and its impact on the formation of the political system of Afghanistan. According to the author, searching for an answer to the question of what role the Loya Jirga played in the creation of an independent Afghan state and what significance it had in shaping the internal and foreign policy of the Afghan authorities is important for understanding the political processes that took place in Afghanistan in the 20’th century, both in the period of monarchy and communism, as well as the processes taking pla
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Shafi, Muhammad, and Noor Ul Amin. "Afghan Third Ulasi Jirga Election (October 20-21, 2018):." Central Asia 85, Winter (2020): 41–55. http://dx.doi.org/10.54418/ca-85.10.

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The research paper describes and analyzes Afghanistan’s third Ulasi Jirga election in light of ‘State’s fragility’ concept, initially theorized in the Western world in 1990s. State’s fragility, is a situation where risks and vulnerabilities overwhelms a state’s or a society’s capacity to overcome these risks. In order to avoid fragility, risks and vulnerabilities are quantified in a number of dimensions, such as, political, economic, justice, security and functioning of core services performed by the State. Election, as a sub part of political dimension of fragility, is assessed and analyzed i
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Wasai, Jawad Ullah, and Abida Bano. "Militancy and Pashtun Culture: Challenges and Developments in Pashtun Society in Khyber Pakhtunkhwa, Pakistan." Liberal Arts and Social Sciences International Journal (LASSIJ) 3, no. 2 (2020): 115–27. http://dx.doi.org/10.47264/idea.lassij/3.2.14.

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The invasion of Afghanistan by the former USSR in 1979 led to violent conflict in the country with severe implications for all neighbouring countries along with Pakistan. Within Pakistan, the most affected people are the Pashtuns bordering Afghanistan. The armed conflict, which started after the USSR invasion, continues to this day. Among other aspects, this conflict has severely affected the social and cultural values of Pashtun society. Due to the continued militancy and extremism in the region, the historical Pashtun social institutions and norms like Jirga, Melmastia (hospitality), and Bad
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Khan, Irfan. "From Violent Victims to Emancipatory Agency of Peace: Exploring Female Jirga as Local Gendered Peace Formation and Community Peacebuilding in Khyber Pakhtunkhwa, Pakistan." Journal of Strategic Studies & International Affairs 2, no. 2 (2022): 36–58. http://dx.doi.org/10.17576/sinergi.0202.2022.03.

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For years, the insecurity and violence against women in many parts of Pakistan have magnified the danger of the prevalent worldview of strong and protective men. In contrast, women are weak and protected by men. Inevitable victimisation and powerless women are counterproductive since women are central to the community's household institution. This paper explores local community peacebuilding initiatives of women's first Jirga by a local activist Tabassum Adnan in Pakistan's Province of Khyber Pakhtunkhwa. Exploring women's Jirga as an agency of regional and gendered peace formation in a salien
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Alam, Jan, Tehseen Ullah Ayaz, and Tariq Aziz. "The Role of Local Supporters in Promoting Social Cohesion in District Orakzai: A Qualitative Study." Human Nature Journal of Social Sciences 5, no. 2 (2024): 380–87. https://doi.org/10.71016/hnjss/cdevbc76.

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Background and Study Aim: After the surge of terrorism, the study area has suffered many socio-economic problems such as insecurity, unemployment, illiteracy, and local disputes. The traditional social organizations such as the Jirga system and other civil society organs, which were meant to bring peace and solidarity in the region is disturbed. The area is witnessing disputes such as property-related, sectarianism, mineral distribution, and bordering land, causing serious physical and infrastructural damage. This article aims to explore the role of local supporters in promoting social cohesio
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Ihtesham Ullah Khan, Nurah Sabahiah Mohamed, and Sodiq Omoola. "ALTERNATIVE DISPUTE RESOLUTION (ADR) IN RESOLVING COMMUNITY DISPUTES IN PAKISTAN: LEARNING FROM MALAYSIA’S EXPERIENCE." IIUM Law Journal 33, no. 1 (2025): 167–200. https://doi.org/10.31436/iiumlj.v33i1.1029.

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Disputes are ubiquitous in human societies, spanning across individuals, families, tribes, and nations. In Pakistan, various provinces have developed traditional dispute resolution mechanisms: the Jirga system for the Pushtoon community, Panchayat for Punjabis, Faislo among Sindhis, and Balochi Jirga for Balochis. These systems, rooted in cultural practices, have historically facilitated justice and harmony. However, they have faced criticism for their reliance on unwritten rules, informal structures, and violations of human and women's rights. This article explores the nature of these traditi
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Khan, Gulawar, Jalal Faiz, Adnan Khan, and Mansoor Ahmad. "The War on Terror and its Implications on the Social Life of the People of South Waziristan, Khyber Pakhtunkhwa – Pakistan." Human Nature Journal of Social Sciences 4, no. 2 (2023): 14–28. https://doi.org/10.71016/hnjss/dkvy8c90.

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Aim of the Study: The aim of this study is to examine the repercussions of the War on Terror, Tehreek-e-Taliban, and the armed operation on the social life of the people of South Waziristan with a focus on few of the basic elements of the Pakhtun code of conduct, called Pakhtunwali, such as Jirga (Council of elders), Badal (Revenge), Melmastya (Hospitality), and Nanawatay (Asylum/Begging Pardon) which have been affected to an extent that would not be restored soon. In this mini-war game the Mehsud tribe suffered the most and therefore, the focus will be the Mehsud tribe, living in the three su
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Hamkar, Mohammad Ibrahim, and Ghuncha Gul Mokhles. "Reflection of in Narkh (Price) Pashto Rhymed Literature." Sprin Multidisciplinary Journal in Pashto, Persian & English 2, no. 3 (2024): 14–19. http://dx.doi.org/10.55559/smjppe.v2i3.360.

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Jirgas and talks grounded on the idea of (Power and Price) are the means by which the issues that arise among the Pashtuns are resolved. The article's goal is to pinpoint the Pashtuns' shared understanding of Narkh (price). It is a field study with a bibliographic focus, and the researcher employed both descriptive and analytical methods to achieve this goal. In any location or nation where there is a dearth of educated individuals, people would always resort to their civil laws in an attempt to resolve disputes or other issues. Among these rules and precepts, the majority of Pashtuns, particu
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Yousaf, Farooq, and Syed FurrukhZad. "Pashtun Jirga and prospects of peace and conflict resolution in Pakistan’s ‘tribal’ frontier." Third World Quarterly 41, no. 7 (2020): 1200–1217. http://dx.doi.org/10.1080/01436597.2020.1760088.

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Ullah, Noor, Sobia Bashir, Mohammad Nadeem, and Shazia Ibrahim. "From Jirga to Civil Court: Navigating Land Justice in Post-FATA Khyber District." Journal of Social Sciences Review 5, no. 1 (2025): 499–508. https://doi.org/10.62843/jssr.v5i1.514.

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Justice forms the cornerstone of any society, and the entire judicial framework of modern systems is built upon this principle. However, the repercussions of inefficient or delayed justice disposal are severe and include heightened frustration, diminished confidence in the legal process, and the substantial costs associated with litigation. A significant backlog of court cases exists in Pakistan, resulting in prolonged and costly litigation processes. This backlog contributes to delays, making the judicial system less efficient and economical. Judicial setup has recently extended to the erstwh
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Ullah, Aman, and Mussawar Shah. "Understanding Perceptions about the Role of Traditional Practices of Inheritance With Relation To Feud Settlement." Journal of Ethnic and Cultural Studies 3, no. 2 (2017): 1. http://dx.doi.org/10.29333/ejecs/55.

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Pakistani society depicts a vivid picture of inequality in property ownership with prenatal preference to inheritance for sons over daughters. The customary law under the clutches of patriarchy is only meant for male dominating female in all social spheres. The main purpose of this study is to explore the extents of traditional approaches to feud settlement regarding inheritance as the main reason of dysfunctional legal system in the study area. A sample size of 182 respondents was randomly selected of those respondents who had at least 10 acres of land. Frequency distribution of data was obse
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Goodson, Larry P. "AFGHANISTAN IN 2003: The Taliban Resurface and a New Constitution Is Born." Asian Survey 44, no. 1 (2004): 14–22. http://dx.doi.org/10.1525/as.2004.44.1.14.

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Abstract The year 2003 for Afghanistan was marred by a declining security situation, as resurgent Taliban and other anti-government forces made large sections of the rural areas too dangerous for sustained reconstruction work, and powerful regional warlords continued to defy the attempts of the Kabul government to strengthen statebuilding. Recognizing the danger to its investment there, late in the year, the U.S. altered its military tactics, announced a major new reconstruction grant, and sent a new ambassador. The year ended on a high note, as Afghanistan's Constitutional Loya Jirga promulga
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Dr Zainab Amin, Dr Samina Begum, Dr Nazia Irfan, and Muhammad Aqeel Khan. "<b>Addressing </b><b>t</b><b>he Negative Impact </b><b>o</b><b>f Social Disputes </b><b>o</b><b>n Women'S Lives </b><b>i</b><b>n </b><b>t</b><b>he Pak-Afghan Pashtun Society: An Islamic Legal </b><b>a</b><b>nd Socio-Cultural Perspective</b>." Social Sciences & Humanity Research Review 2, no. 4 (2024): 324–43. https://doi.org/10.63468/sshrr.034.

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This study critically investigates the disproportionate impact of social disputes on women within the Pak-Afghan Pashtun society by employing a dual analytical lens rooted in Islamic legal principles and Pashtunwali, the tribal customary law. It reveals how conflicts—frequently stemming from honor codes, land disputes, and deeply embedded patriarchal structures—systematically harm women through coercive practices such as forced marriage settlements (e.g., swara), economic marginalization, and persistent psychological trauma. Despite the robust framework offered by Islamic jurisprudence emphasi
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Fayaz, Sadia, Sumaira Gul, and Aasia Khatoon Khattak. "Constitutional Status of FATA: Pre & Post Merger Comparison of Legal & Administrative System." Global Legal Studies Review VI, no. II (2021): 1–6. http://dx.doi.org/10.31703/glsr.2021(vi-ii).01.

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FATA, located in northwestern Pakistan, was once a battlefield for nineteenth-century imperial domination. Soon after Pakistan's independence, various tribes admitted allegiance to the state. There was a separate political and administrative system in FATA; this system retained the traditional way of 'JIRGA' system in these areas, which were included in the 1973 constitution of Pakistan. After the 9/11 terrorist attacks on the world trade center and the pentagon, FATA became the front-line region in War on Terror, which greatly affected the area. The people of FATA faced exploitation of their
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Afghanyar, Maria. "Traditions of power legitimacy vs democracy: problems and opportunities (within the context of modern Afghanistan)." Public Administration 26, no. 4 (2024): 19–24. https://doi.org/10.22394/2070-8378-2024-26-4-19-24.

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The article aims to analyze and find answers to the question of whether Afghanistan’s political crisis can be resolved. The author looks at the dominant political ideology in the West and tries to relate it to the Taliban’s current political dominance. Although it is challenging to define this power as democratic, it has historical roots. After examining the advantages and disadvantages of the Western and Eastern approaches, the author concludes that Afghanistan lacks democratic institutions based on the indicators of power legitimacy. Sharia serves as the foundation for the Taliban government
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Imran, Rahat. "Feminist Perspectives on Physical and Sexual Violence Against Women: Pakistan as a Case Study = Perspectiva feminista en la violencia física y sexual contra la mujer: el caso de Paquistán." FEMERIS: Revista Multidisciplinar de Estudios de Género 2, no. 2 (2017): 81. http://dx.doi.org/10.20318/femeris.2017.3759.

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Abstract. Extreme forms of physical and sexual violence perpetrated by men against women such as honour-killings, acid-attacks, and rape continue to plague Pakistani society despite countrywide resistance by women’s rights groups, civil society activists, and continued pressure on successive governments to address the menace, and introduce stringent laws into the criminal justice system to check the situation.As this menace continues unabated, it is pertinent to examine the underlying male mindsets that cause these acts of violence to be committed. This paper presents feminist perspectives on
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Nasiri, Mohd Tahir. "The Impact of Religion and Culture on the Supremacy of the Constitution in Afghanistan." ICR Journal 12, no. 2 (2021): 331–46. http://dx.doi.org/10.52282/icr.v12i2.869.

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Afghanistan’s social composition demonstrates it to be a pluralist, multi-cultural, multi-lingual, and multi-ethnic country. The life and behaviour of its citizens are, for example, governed by more than one source of law, namely those of Islam and Afghan culture. In light of this, the current article attempts to, firstly, explain Islam as a source of law in Afghanistan and its supremacy over that country’s constitution and then, secondly, apply the same logic to culture as rooted in Afghan tribal and ethnic traditions. While many cultural traditions exist in Afghanistan, this article focuses
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Mehmooda, Syeda Alina, Tansif Ur Rehman, Syed Meraj Mahmood Hussain Shah, et al. "Restorative Justice in Pakistan: Integrating Traditional Practices with Formal Legal Systems for Community Healing and Rehabilitation." Journal of Education and Social Studies 5, no. 2 (2024): 622–30. https://doi.org/10.52223/jess.2024.5241.

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Restorative justice in Pakistan focuses on healing and reconciliation rather than punishment. It brings together victims, offenders, and the community to address harm and find ways to repair it. Traditional methods like Jirga and panchayat are used for local dispute resolution but often face criticism for bias and lack of legal oversight. To ensure fairness, efforts are being made to incorporate restorative justice principles into the formal legal system, emphasizing dialogue, accountability, and rehabilitation. Despite these efforts, challenges remain, including limited public awareness, inad
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Khan, Adnan, Qasim Shahzad Gill, and Ghulam Mustafa. "Post-Merger Political and Social Dynamics: Fata's Shifting Paradigm in Pakistan." Global Political Review IX, no. I (2024): 74–87. http://dx.doi.org/10.31703/gpr.2024(ix-i).09.

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This research analyzes the perceptions and experiences of individuals from the Federally Administered Tribal Areas (FATA) following its merger with Khyber Pakhtunkhwa (KP). The study employs a mixed approach, collecting primary data through random sampling from various districts of FATA, including students, teachers, social activists, politicians, and government servants. The analysis reveals a divided sentiment regarding the merger, with nearly half of the respondents expressing dissatisfaction. Major concerns include the lack of improvement in governance, ineffective law enforcement, and wor
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Yousaf, Farooq. "Pakistan’s “Tribal” Pashtuns, Their “Violent” Representation, and the Pashtun Tahafuz Movement." SAGE Open 9, no. 1 (2019): 215824401982954. http://dx.doi.org/10.1177/2158244019829546.

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The tribal Pashtuns of Pakistan, based in the Afghanistan–Pakistan border region, have historically been portrayed as “violent” and “warrior-like,” both in the colonial and contemporary literature. However, a brief review of archival literature suggests that oriental representation of tribal Pashtuns is based on various generalizations that were formed and propagated during the British military expeditions against the tribal Pashtuns. Moreover, these generalizations and stereotypes against the tribal Pashtuns have persisted since Pakistan’s independence in 1947. Recent developments in Pakistan
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Ibrahim, Muhammad, and Razia Mussarat. "Women Participation in Politics: A Case Study of Afghan Women." Journal of Public Administration and Governance 4, no. 3 (2015): 433. http://dx.doi.org/10.5296/jpag.v4i3.7190.

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Women are awarded minimized role in politics. Political activities are considered the special domain for men. Women are stressed that home is predominant place. The major role related for women is reproduction of human race. The objectives of the study are to discuss concept of political participation and its objectives for women participation in politics. The central aim is to examine the empowerment of women particularly of Afghanistan. The paper focuses on present contribution of afghan women in presidential election of Afghanistan in 2014. The process includes the voice of Afghan women for
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