Jirga

According to the Pashto Descriptive Dictionary (1978: 1272) jirga is an original Pashto word,which in its common usage refers to the gathering of a few, or a large number of people; it also means consultation according to this source. The word jirga is also used in Persian/Dari. According to Ghyathul-Lughat (1871:119) it is derived from jirg, which means a 'wrestling ring',or 'circle', but is commonly used to refer to the gathering of people. Other scholars believe that the word jirga originates from Turkish where it has a very similar meaning to those in Pashto and Persian/Dari (Faiz-zad 1989: 5). These meanings of jirg and jirga strongly reflect the rituals and processes of the Pashtun traditional tribal jirga where people gather and sit in a large circle inorder to resolve disputes and make collective decisions about important social issues. Rubin(1995: 42), a prominent scholar, describes the institution of jirga in this way: ‘The jirga includes all adult males and rules by consensus. In theory, a jirga can be convened at any level of tribal organization, from the smallest lineage to an entire confederation. Jirgas are most commonly held at the lineage level, but there are larger tribal or even inter-tribal jirgas as well, at least among the eastern Pashtuns.’ While this description depicts almost all the important aspects of this traditional Afghan social institution, Rafi (2002: 6) a contemporary Afghan scholar, has formally defined the concept and says that jirga is '... that historical and traditional institution and gathering of the Afghans, which over the centuries, has resolved our nation's all tribal and national political, social, economic, cultural and even religious conflicts by making authoritative decisions.

The jirga is a traditional institution that is more strongly bound up with the tribal economy and society of the Pashtuns. It is, therefore, more commonly and effectively used as a mechanism of conflict resolution among the Pashtuns as the authors of an important field study - ‘Contemporary Afghan Councils’ - state:

The prototype in Afghanistan, the jirga, is the product of Pashtun tribal society and operates according to the dictates of the pashtunwali, an inclusive code of conduct guiding all aspects of Pashtun behaviour and often superseding the dictates of both Islam and the central government. Thus, in the tribal Pashtun areas, local jirga settles (nearly)all issues, unless assistance is requested from another tribe or the government. (Carter and Connor1989: 7)

Indeed, jirga has over the centuries, operated as an important mechanism of conflict resolution among the Pashtuns, and has contributed to the maintenance of social order in the rest of the Afghan society both in direct and indirect ways. But, the centrality of jirga in the resolution of tribal conflicts in accordance to tribal customs has, sometimes, been interpreted as a challenge to the authority of the central state. It has, therefore, been considered as a rival to the state by certain governments in Afghan history. However, despite attempts by certain Afghan governments to expand their formal control throughout the country - through the pre-emption of the village malik (a liaison person between the government and the local people) system, the introduction of district and rural development councils, the imposition of Marxism, and theocracy - the Pashtun social institutions, including the jirga, have remained relatively intact. This has been particularly the case with those Pashtun areas that had strong tribal structures and were located far from urban centres. In large urban centres, however, where non-Pashtuns and Pashtuns were mixed, or where non-Pashtuns predominated, the central government was able to assert its formal authority more fully. In these parts of the country, most conflicts were resolved by formal agencies of the Afghan State. The pre-war Afghan legal system was broadly based on Western (particularly French) conception of ‘legality’ and the principles of Islamic jurisprudence, mainly on the Hanafi School (Mohammad Hashim Kamali 1985). It generally reflected a balance between Islamic teachings, Afghan tribal traditions (customary law) and modern legal norms. The administration of this legal system,however, involved long delays, bribery and corruption. Judges and magistrates particularly had a reputation of corruption. Many Afghans in rural areas tried to avoid contact with state legal institutions and preferred their conflicts to be resolved by jirgas outside the courtroom (Wardak 2002).

The jirga system is not a new phenomenon but obscured by the constitutional way of life. In current affairs, when the jirga system caught attention of the international community, it created some doubts. The tribal groups normally are sensitive to constitutional way of life. Pashtun and Baloch had defied the British writ for almost a century and compelled that world power to accept in this region the shariat and traditions beside their laws. Good or bad, these traditions provide for rapid and cheap justice as compared with the winding, expensive and time consuming legal system in Pakistan. However, influential and powerful figures and administrators normally exploit and abuse these traditions.