Abstract

It has been a common practice of our people to prefer the local system for resolving the disputes other than conventional courts. They do so for many reasons. The conventional courts take a too long time to resolve disputes. It also demands a huge amount. This compels the effectees to adopt the local system. This system is easy to access, simple to resolve and effortless to execute the decisions. Comprehensively, the process of seeking justice and to resolve the disputes through well-known, repute referees beside the conventional court system is called Tahkeem in Shariah and refers as Jirga in Pakhtun Society. The paper emphasis on highlighting the detailed comparison of Tahkeem 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.

Keyword(s)

JargaDISPUTEConventional courts