Jirga, Its Role and Evolution in Pakistan's Pashtun “Tribal” Society

Abstract

The Pashtun Jirga is a “tribal” conflict resolution method that has survived for centuries, with the Pashtuns, both in Afghanistan and Pakistan, still practicing it in rural communities. The chapter argues how the introduction and persistence of the Frontier Crimes Regulations, 1901, a colonial-era regulation, has undermined not only the traditional authority of the tribal elders but also diminished the importance of the Jirga. However, the tribal Pashtuns, through Jirga and Jirga-based Lashkars (tribal militias), have also occasionally supported the Pakistani military's actions against various militant groups operating in the Pashtun tribal areas, formerly known as the Federally Administered Tribal Areas. The chapter argues why, even with its positives, the Jirga still possess various loopholes that result in various gender rights violations in the Pashtun society. Finally, the chapter also discusses how recent developments in the Pashtun tribal areas, leading to their merger with the Khyber Pakhtunkhwa Province, along with the introduction of the country's judiciary present a challenge for the survival of the Jirga as a conflict resolution tool in the tribal areas. Moreover, the chapter also argues why the young Pashtuns from the tribal region are against the male-dominated nature of Jirga and want it to be replaced with modern judicial structures, presenting a challenge to the survival of Jirga in Pakistan.

Citation

Yousaf, F. (2021), " Jirga, Its Role and Evolution in Pakistan's Pashtun “Tribal” Society", Spee, J.C., McMurray, A. and McMillan, M. (Ed.) Clan and Tribal Perspectives on Social, Economic and Environmental Sustainability, Emerald Publishing Limited, Leeds, pp. 105-117. https://doi.org/10.1108/978-1-78973-365-520211012