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Traditional methods of private Settlement in Pakistan; Current Practice and Critical Analysis

تلخیص
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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