Transformation Of Jirga and Alternative Dispute Resolution Mechanisms Under Militancy, State Policies, And External Interventions

Abstract

This study examines the process of evolution involved in the way dispute resolution mechanisms is transformed in the post-9/11 situation in District Bajaur, Pakistan, specifically in the context of land and community conflicts. Traditionally, Bajaur's justice was exercised through the jirga system and governed by the tribal elders whose authority was based on Pashtunwali and supported by the culture of mutual trust in the community and Islamic values. However, the triggered militancy fundamentally changed such dynamics. However, the legitimization of Taliban Amirs as alternative dispute resolvers, armed with coercive power and strict interpretation of Sharia, contributed to the loss of confidence in traditional dispute resolver and disrupted the local governance frameworks. In reaction, Aman (Peace) Committees were established, hybrid bodies which draw on jirga ritualism to re-establish order and trust within communities while being supervised by the state-supported apparatus of central administration.