Traditional methods of private Settlement in Pakistan; Current Practice and Critical Analysis
Abstract
Conflict between humans is a natural order. Every society has a structure to
eliminate conflicts and disputes. In Pakistan -at government level- judicial
system deals with all types of conflicts. According to which the deserved
person get his right but the resentment between the parties is not varnished. As
courts deal with arguments and issued verdicts and it has nothing to do with
reconciliation.
To achieve the goal, some peoples prefer a non-governmental and private
traditional system of reconciliation which is also available throughout the
country having its own pros and cons. There are a number of private longestablished methods in various parts of country named as “Jirga” in province
of Khyber Pakhtunkhwa and Baluchistan, “Panchayat” in province of Punjab
and “Faisalu” in the Province of Sindh.
A brief introduction and critical contemporary role of each one has been
discussed, the reason of appreciation and acceptability of the system
especially in the rural areas among the majority of people is also examined. It
is found that among others, the speedy justice and adoption the method of
reconciliation is the main reason of positive reception of the system. It is also
studied that these arrangements have some flaws from social as well as sharia
perspective which make the whole mechanism doubtful and objectionable.
Recommendations have been made to eradicate the errors and mistakes of
mechanism to make it more acceptable.
Dr.Javaid Khan, Dr. Muhammad Mushtaq Ahmad. (2019) پاکستان میں نجی مصالحت کے روایتی طریق۔ ممعاصرانہ کردار اور تنقیدی جائزہ, Al-Azhāar, Volume 5, Issue 1.
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