Tuesday, February 1, 2011

Jirga


jirga (occasionally jirgah) (Pashto: جرګه) is a tribal assembly of elders which takes decisions by consensus, particularly among the Pashtun people but also in other ethnic groups near them; they are most common in Afghanistan and among the Pashtuns in Pakistan near its border with Afghanistan. In recent times, the tradition has also been adopted by Muslims in Kashmir valley,India.[1] It is similar to that of a town meeting in the United States or a regional assembly in England, where important regional matters are addressed among the people of the area.
The community council meaning is often found in circumstances involving a dispute between two individuals; a jirga may be part of thedispute resolution mechanism in such cases. The disputants would usually begin by finding a mediator, choosing someone of stature such as a senior religious leader, a local notable, or one of the mediation specialists (known as khans or maliks). The mediator hears from the two sides, and then forms a jirga of community elders, taking care to include supporters of both sides. The jirga then considers the case, and after discussing the matter comes to a decision about how to handle the matter, which the mediator then announces. The jirga's conclusion in the matter has to be accepted.
The jirga was also used as a court in cases of criminal conduct, but this usage is being replaced by formal courts in some settled areas of Pakistan and Afghanistan, elsewhere it is still used as courts in tribal regions.
The jirga holds the prestige of a court in the tribal areas of Pakistan. Although a Political Agent, appointed by the national government, maintains law and order through Frontier Crimes Regulation (FCR), the actual power lies in the jirga. The political agent maintains law and order in his tribal region with the help of jirgas. The jirga can award capital punishment, stoning to death in case of adultery, or expulsion from the community.
If the Govt Of pakistan  want peace in the tribal areas then it would be prudent to try to  strong the jrga system by providing the sucurity of the tribal elders (jirga members),it is the only way to bring peace.Army operation is not the solution of the problems. Milli try operations will create more problems. 

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