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What is Jirga

Chapter 7
Handbook of Research on Effective Communication, Leadership, and Conflict Resolution
Literally defined as a gathering of elders. It is a term used in the Pashto language of the North Western region of Pakistan and in the Pastho speaking areas of Afghanistan. A jirga is a conflict / dispute resolution process where the disputing parties after agreeing to the jirga process plead their case in front of elders from within their community. The outcome of the jirga is based on either party achieving a two-thirds majority or via a decision recommended by the elders. The higher courts of Pakistan have ruled that jirga’s for criminal cases are illegal because their decisions have often proved to be counter to the constitutional rights of the persons in dispute. However, administrative jirga’s are allowed within the Federally Administered Tribal Areas of Pakistan and within rural and urban areas to resolve small claims and disputes.
Published in Chapter:
Alternative Dispute Resolution: A Legal Perspective
Saleem Gul (Institute of Management Sciences, Pakistan)
Copyright: © 2016 |Pages: 18
DOI: 10.4018/978-1-4666-9970-0.ch007
Abstract
This chapter covers a lot of groundwork and provides and quick and through introduction to the concepts and underlying discussions on Alternative Dispute Resolution (ADR). The chapter provides a detailed discussion based on extant literature in an effort to differentiate between disputes and conflicts. Then some of the common confusions between terms commonly used in ADR are addressed. Following which various key government acts and reports that shape the state of ADR are discussed. Because of their length, therefore only those concerns within the documents that directly address ADR or are related to ADR are discussed. It remains a burden on the readers to access these documents themselves to fully appreciate their content.
Full Text Chapter Download: US $37.50 Add to Cart
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Chapter 2
Alternative and Indigenous Dispute Resolution: A Legal Perspective
Literally defined as a gathering of elders. It is a term used in the Pashto language of the North Western region of Pakistan and in the Pastho speaking areas of Afghanistan. A jirga is a conflict / dispute resolution process where the disputing parties after agreeing to the jirga process plead their case in front of elders from within their community. The outcome of the jirga is based on either party achieving a two-thirds majority or via a decision recommended by the elders. The higher courts of Pakistan have ruled that jirga’s for criminal cases are illegal because their decisions have often proved to be counter to the constitutional rights of the persons in dispute. However, administrative jirga’s are allowed within the Federally Administered Tribal Areas of Pakistan and within rural and urban areas to resolve small claims and disputes.
Published in Chapter: Alternative and Indigenous Dispute Resolution: A Legal Perspective; From: Handbook of Research on Strategic Communication, Leadership, and Conflict Management in Modern Organizations
Full Text Chapter Download: US $37.50 Add to Cart
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