This presentation covered the historical background of Jirga - a traditional mechanism of disputes settlement- in Afghanistan and Pashtunistan. It's also highlights the structure, functions and efficiency of the Jirga as an legal institution in tribal societies.

1. In The Name Of Allah, The Most Beneficent, The Most
Merciful.

3. JIRGA INSTITUTION
Typical of Pashtun society. Serve to function as a council or
assembly.
 Jirga is the assembly of elders, chiefs, forceful & religious
leaders.
 Work for the settlement of disputes b/w the disputants.
 Prevent society from anarchy.
 Every person can participate in Jirga, who knows about the
Pashtun norms & values, experience and skill to settle the
dispute.
 Informal leaders act as mediator, no judiciary, police or other
formal force.
 Jirga is the council of elders seek solution of the conflicts &
disputes among Pashtuns.

4. HISTORY:
 Jirga have long history, the origin of Jirga is starting from ancient
Arians. (2500 B.C)
 In the period of Kushan, the king Kanishka of Kushan first create
loya Jirga. (125-151 A.D)
 There were two type Jirga, *SIMITE *SABHA
 In Islamic history 1st jirga was established by Hazrat Mohammad
(P,B,U,H), which is called “Sulha-Hudeeba”.
 Nasser Khan was Khan (Chief) of Kalat (1749-1794) first time
found the jirga institution in India.(Abdul Qudus, “The Pathan’s”)
 He share the power among the other tribal leaders to control
society and settle the disputes.
 Every chief of tribe solve the problems, conflicts & disputes, they
are struggle to prevent crime from society.
 When the conflicts arise among the tribes, or dispute can’t solve
the chief, then they are returning to Supreme Court headed by
Naseer Khan.
 Shahi Jirga: which leaded by Ahmad Khan Abdali (founder of
modern Afghanistan 1747-72), to consulting about external affairs,
relationship with other states.

5. DEFINITION:
 Alice M. Pannel: “Jirga is a council of the elders
appointed by the tribesman to settle some
disputes.”
 J.W Spain: “a group of members of a particular sub
group of Pathans considering a matter of common
interest.
 Akbar S. Ahmad: “An assembly of elders who are
called to decide specific issues and whose
decisions are binding on parties in conflicts.”
 Said Abdul Qudus: “Jirga is the closest approach
to Athenian Democracy that has existed once the
original.”
 Freedictionary.com: “a decision making assembly
of male elders; “most criminal cases are handled by
a tribal Jirga rather than by law.

6. SIZE OF JIRGA:
 No limits for the members participation.
 No limits the number of days to that a jirga takes to
solve the dispute. (1-15 days)
 Akbar S. Ahmad “the size of jirga which is not fixed
& may range from 5 to 15 depending on the
importance of the issue, is restricted to Pushtons.
 Usually the member of Jirga is four.
 The member of Loya Jirga is from 100 to 1500
people.

7. JIRGA MEMBERSHIP
1, THE MEMBERSHIP PROCEDURE
 Selection of members is different from place to
place.
 Spain: No formal selection of representatives.
 Every adult male may attend, who know about the
customs, norms and pakhtonwali.

8. 2,NAMING THE JIRGA
 The members of Jirga attend (Jirgaeez, Marakeez,
Salisan, Marakchi and Drimgari).
 In Indian Nayar’s society, they are know as
“Anango”.

9. 3,QUALIFICATION:
 No restriction on age, academic qualification or
knowledge of law.
 Their experience & wisdom is every where
undertaken by people.
 Skill of convincing other through conversation.
 Must be well acquainted with the public, social
status, a respectful and respectable one among the
masses.

10. IMPORTANCE OF JIRGA
 Play very important role In Pashtun society.
 Jirga is Tribal Courte which decides the disputes &
frame law for future course of action.
 Decide the dispute of Badal, Murder, Ostracism or
Victimization of an individual by another one.
 Allah Almighty says in the Holy Quran, about the
importance of Jirga, "Settle (disputes) among your
brothers (Muslims)”.
 Akbar S. Ahmad: in society where there are no written
laws, the importance of assembly is crucial, ordering the
society & preventing it from collapsing anarchy. The
Jirga regulate life through decisions ranging from the
location of a Masjid to the settling of conflicts within sub
section to larger issues, such as regulating foreign
relations with tribes & even conveying decision of the
tribe to government.

11. FUNCTIONS OF JIRGA
 Disputes Settlement.
 Settlement Of Murder cases.
 Tega. (Putting down of a stone- Temporary truce declared by a Jirga.)
 Swara.(Child Marriage customs in Tribal area of Pakistan and Afghanistan,
it is tied to blood feuds among the different tribes and clans where young girls
are forcibly married to members of different clans in order to resolve the
feuds.)
 Blood Money.
 Settlement Of Land Dispute. *Demarcation Stone Method.
*Patwari System. *Qanoon-e-Warasat. *Oath System.
 Settlement Of Sharam (Shame) Dispute.
 Settlement Of Theft Dispute.
 Organize The Community.
 Representative Of Community.
 Solution Of Problems.
 Role of Jirga in Family Formation.

12. METHOD TO AGREE THE DISPUTANTS FOR THE
SETTLEMENT OF DISPUTES.
 By Elders.*
 By Religious Figures*
 By Old Women*
 (*The Elders, Mullah (Religious Scholars) and Women convince the effected
party to solve the Conflicts through Jirga.)
 By Begging. (The Mediators and Elders Begging from the parties to settle the
Issues peacefully.)
 To Tie The Shawl(‫کول‬ ‫غوټه‬ ‫پړونې‬ ‫څادریا‬ (
 Desist from Eating.
 To Expand The Skirt.
 Refuge & Protection.
 Bring the Holy Quran the 2nd Party.
 Social Boycott
 Turn Out From Village

13. SOCIO-POLITICAL IMPORTANCE OF JIRGA.
 The arrangement of jirga is not confined to
individuals, but every experienced and wise person
could arrange and participate in the Jirga.
 Less Costly & less time consuming.
 More effective than Courts, applying the existing
social custom & tradition.
 Satisfactory to the parties, impartial & cultural
based decisions.
 It extricated both the external and internal conflicts
from the society.
 Maintenance of peace and tranquility in society.

14. LOYA JIRGA IN HISTORY.
 Loya jirga is a type of Jirga regarded as “grand
assembly” a phrase of the Pashto language mean
“grand council”
 Loya Jirga is a mass meeting usually prepared for major
events such as choosing a new king, adopting a
constitution, or discussing important national, political or
emergency matters.
 The ancient Aryan tribe, who are hypothesis to have
spoken proto-Indo-Iranian, came down from central Asia
& Afghanistan & the moved to ancient India (2nd
millennium BC)
 There were two types jirga(council) Sabha & Simite, the
simite comprised the elder and tribal chiefs and king.

15. SOME FAMOUS LOYA JIRGA IN AFGHANISTAN
 1707; Founder Of Afghanistan Mirwais Khan Neeka
Established 1st loya Jirga for the freedom from Iranian.
 1747; Ahmad Shah Abdali elected as a King of
Afghanistan.
 1928; By King Ghazi Amanullah Khan for the forming of
1st State Constitution and reforms in government.
 1941; By King Mohammad Zahir Shah Khan to
recognized him as a King of Afghanistan.
 1947; tribal of Pashtun Elders are come together and
they discuss the issue about Pakistan and India.
 1949; they decide that the Durand Line is Unacceptable
for Pashtun, which live the both side of the line.

16.  1964 King Zahir Shah Invite the Scholars, religious
figure, tribal elders and professional person to
make new constitution for the country.
 1974 Jirga with Pakistan about the Durand Line.
 1977 President Dawood khan held the Jirga to
make constitution for the new Democratic Regime.
 1985 To make the constitution for Communist
Regime.
 2003 Hamid Karzai invite the Jirga for the
transitional Government.

17. REFERENCES:
www.tolafghan.com
 www.benawa.com
 bbcpashto.com
 The Structure of Jirga (Prof. Habib Ullah Rafi)
 Jirga and Afghan Society.
 Afghanistan Analyses Journal.
 Just Peace International Organization Report.
 Toward Understanding Pakhtoon Jirga, authors:
Hassan M. Yousafzai and Ali Gohar.
 Article of Prof. Ali Ahmad Wardag, Uni. of Oxford.

18. Thanx
Dears.
‫ۍ‬‫نړ‬‫يوه‬
‫مننه‬