SEARCH ARTICLE

29 Pages : 501-518

http://dx.doi.org/10.31703/gssr.2018(III-II).29      10.31703/gssr.2018(III-II).29      Published : Jun 2018

Qazi Courts, Jirga, and Panchayat: Informal Justice Systems Parallel ADR or Constitutional Problem?

    The Qazi-led dispute resolution, Jirga and Panchayat forums of informal justice continue to play a significant role in Pakistan as they offer cheaper, quicker, and more culturally intelligible channels of resolving disputes where formal courts are sluggish, expensive, and physically remote. This paper discusses nature of those mechanisms as parallel alternative dispute resolution (ADR) or a constitutional issue. The mixed-method study was based on an analysis of doctrinal rights and a qualitative mapping of practice of forums, which allows determining the procedural fairness, pathways of enforcement, and impact of rights on vulnerable groups. The evidence indicates that such forums can only be considered as legitimate ADR in cases where those involved join in proceedings, which are truly voluntary, such results are not punitive and significant exit to state courts is maintained. The article suggests controlled integration by means of court-mediated integration, minimum protection and prohibition of punitive and coercive measures. 

    Legal Pluralism, Informal Justice, ADR, Jirga, Panchayat, Qazi Courts, Constitutional Rights
    (1) Kamran Abdullah
    Lecture, Department of Shariah and Law, Islamia College Peshawar, KP, Pakistan.
    (2) Aisha Rasool
    Senior Director Research and Publication, Federal Judicial Academy, Islamabad, Pakistan.