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Title: ضلع مہمندخیبر پختونخوا پاکستان کے عرف ورواج میں جرگے کا کردار اور اس کی شرعی حیثیت، ایک تحقیقی و تعارفی جائزہ:
Journal: Al Manhal
Publisher: Centre Of Arabic and Religious Studies
Country: Pakistan
Year: 2023
Volume: 3
Issue: 2
Language: Urdu
Keywords: ShariahJirgaCustomsMohmandKhyber Pakhtunkhwa PakistanIntroductory
It is a natural thing for human beings to interact one another on the basis of social and economic needs, and it is a requirement of human nature to get confused about something from mutual transactions and interactions. Sometimes, in the case of confusion over something, the matter reaches the point of war and conflict, due to which bloodshed and killings start in the society.
 For this reason, Shariat Muthara has arranged for justice, peace and reconciliation, etc.  But sometimes it is difficult for common people to access the court.  And sometimes court decisions risk wasting time and money.  Similarly, there is fear of recommendation and bribery in court advocacy.
 Due to these reasons, the contenders put their regional traditions and values in front and get their decision from a knowledgeable and wise man.  One of its advantages is that it is an easy-to-implement method.  And the second advantage is that the parties in the Jirga system can express their position in a very clear manner without any hesitation as compared to the government courts.
 In the same way, reconciliation and Jirga system is more appropriate than Qadha as it is based on "Kuch Lo Kuch Do" as a result of which the parties themselves find a middle way by their own consent.  And avoid huge financial losses and heartaches.
To examine the role of Jirga and its Shariah status within the customs of Mohmand District, Khyber Pakhtunkhwa, Pakistan.
The text describes a research and introductory review approach. It highlights the advantages of the Jirga system over formal courts, such as ease of implementation, clear expression of positions, and a reconciliation-based approach ("Kuch Lo Kuch Do").
graph TD; A["Identify Need for Dispute Resolution"] --> B["Evaluate Formal Court Inefficiencies"]; C["Consider Regional Traditions/Values"] --> D["Engage Jirga System"]; D --> E["Facilitate Reconciliation through Mutual Consent"]; E --> F["Achieve Resolution and Peace"];
The discussion emphasizes the natural human tendency for social and economic interaction, which can lead to confusion and conflict. It posits that Shariat (Islamic law) provides mechanisms for justice and peace, but formal courts can be inaccessible or inefficient. The Jirga system is presented as a culturally relevant and effective alternative that aligns with traditional values and offers a more participatory approach to dispute resolution.
The Jirga system is presented as a practical and accessible method for resolving disputes, particularly when formal court access is difficult, time-consuming, or costly. It facilitates reconciliation through mutual consent, avoiding significant financial losses and emotional distress.
The Jirga system serves as a valuable mechanism for dispute resolution in Mohmand District, offering a more accessible, efficient, and culturally appropriate alternative to formal legal proceedings. Its emphasis on reconciliation and mutual consent makes it a preferred method for maintaining social harmony.
1. Publication Date: The article is published in the "Al-Manhal Research Journal (Vol.3, Issue 2, 2023: July-September)". This is confirmed by the journal's name and issue details.
2. Location: The study focuses on "Mohmand District Khyber Pakhtunkhwa Pakistan". This geographical context is consistently mentioned.
3. Methodology Aspect: The text highlights the "Kuch Lo Kuch Do" principle as a basis for reconciliation in the Jirga system. This is presented as a key advantage.
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