Principles and Interpretations of Local Dispute Resolution body in Sharīʿah perspective

Abstract

This is the common practice in society to seek local system of justice other than Conventional court’s system. People like to resolve their disputes through most reputes or juries of the society due to various reasons. They believe that conventional system requires more money and time than the previous method. It is experienced and people are aware of the current situation of these courts that some cases approach to fifty years and not yet resolved. Therefore, the wise people engross in local justice system, easy to access, simple to resolve and effortless to execute the decision.

Comprehensively, the process of seeking justice and to resolve the disputes through well-known, repute referees beside the conventional court system is called ‘Taḥkīm’ in Shariah terminology and refers as Jirga in Pakhtūn Society.

The present paper emphasis on highlighting the detailed comparison of Taḥkīm and Jirga coupled with bringing up the differences and similarities with respect to their modes and principles along with recommendations to bring the local system in full conformity of Shariah Standards.