The Status Of Jirga In The New Merged Districts Of Khyber Pakhtunkhwa: A Case Study Of Hassan Khel Sub-Division Peshawar

Abstract

This study provides a comprehensive analysis of the current status of Jirga with its proceedings as dispute resolving body in Hassan Khel Sub-division Peshawar. The study examined disputes and its resolution, Jirga a social justice system, the importance and limitation of the Jirga, along with recommendations for strengthening its capacity, are examined in relation to its post- merger role in dispute resolution with Hassan Khel Sub-division, Peshawar. After the merger of FATA with Khyber Pakhtunkhwa, the formal judicial system has replaced the traditional mechanism of justice. The researcher highlighted an important justice practicing model “Jirga” to explore its significance and turned attention towards its survival. The research aims to incite and protect the post merger consequence of Jirga. The researcher utilizes qualitative methodology, for collection of data; non probability sampling/ snow ball technique are utilized. The information available in the form of books, journals, articles, newspapers, official records, column, thesis of the students and progress reports were concerned for covering the secondary data. Similarly, the primary data was collected via interviews with focused group discussions and through non-probability sampling technique. This dissertation is response to the questions, to define current status of Jirga with its role in dispute resolution in Hassan Khel Sub-division Peshawar. The findings explore that during expanding formal justice Jirga remains active in resolving local disputes due to its cultural roots and community trust. However, challenges such as legal limitations and authority are affecting its traditional role. After merger Jirga become toothless and lost its legal position. The researcher seeks to get attention of policy makers towards this cultural erosion.