Jirga injustice

Jirga system is a direct consequence of the failure of institutions caused by the repeated aggression on its institutions of justice by Pakistan`s own military. At ideological level military has no option but to destroy institutions of justice for its own survival and to stay in power because in its very make up the military dictatorship, no matter in what form it is, is an illegal and immoral occupation. So as long as military dictatorship will be in power there is absolutely no chance that Pakistan will ever evolve into a peaceful and civil society. This article is the evidence of this self-evident truth. Einstein once defined insanity as repitition of an act time and again hoping to obtain a different result each time. Pakistanis have to make up their choice now as to what kind of future they will want to give to their children.

In a recent, three week trip to Pakistan I had to attend three jirgas. Please keep in mind that my parents reside in a very urban community where education would be 100% if you exclude chowkidars, maidservents, and beggars. The community consists of engineers, doctors, businessmen, traders, beareucrats belonging from both upper middle class and upper class. The jirga system started about 3 years ago, when there was a dispute over the location of mosque. By chance my father`s house is just steps away from the mosque and in order to resolve the issue my father invited the feuding parties to his house to discuss the matter over a cup of tea. After a couple of meetings they unanimously elected my father as head arbiter of the ``Jirga``. I know my father well. He was never a community type of guy and stayed out of politics of any sorts througout his life, but in the best interest of mosque he reluctantly accepted the post. Soon afterwards people started coming to him to resolve their family feuds. I have been hearing about my dad`s new hobby from indirect sources but this time when I went there, with in a matter of three weeks, three disputes were brought to his attention.

The way it works is that the heads of two feuding parties are invited into mosque by a group of elders of the mosque. They both have to agree that in case a jirga is convened then they will obey and respect the verdict of the chairman of jirga who decides on the basis of show of hand of a group of elders.

The first case was that of a newly wed woman who wanted separation/khulla from her husband. Jirga was convened at our house where parents of both bride and groom were invited who came along with some of their relatives. A group of elders was chosen as the jury where I was also an appointed member - meaning that the word ``elder`` does not necessarily imply that only old men are the members of the jury. There were also some other people who were not members of decision making body but they were there to witness the justice being done. The case was presented by the father of the bride since they were the plaintiffs. The woman accused that the man did not treat her well. The woman was invited to speak and answer some of questions by the elders. It was soon clear that woman was trying to hide something. Sensing this my mother was asked by jirga to inquire woman of something that she could not speak in front of the people. The woman disclosed to my mother that the groom was unable to ``perform`` and even though he was getting treatment he was most likely not able to perform in future either. When this info was disclosed to my father, my father requested everybody accpet the members of jury and family members to leave and discuss it with the groom. In short, the groom ``admitted`` and said that he would divorce the woman and return all her belongings but he would prefer a reconciliation for an interim period while he gets his treatment. The woman agreed. And the couple was sent to their house. Had the woman filed this case in court of law, it would have taken at least 3-5 years to obtain `khulaa` (seperation). No one can get a date in court unless judges are bribed through their registrars.

The second case that came to jirga was also that of divorce between yet another newly married couple. The groom accused that his bride was psychotic and needed medical help whereas woman accused the family members of groom about mistreatment. Woman wanted to live with her husband while man did not. The man was granted the right to divorce had he agreed to return all belongings of bride including those that he and his family gifted his bride as ``bari`` as well as the expenses that the family of bride incurred during the marriage. The man agreed. Man divorced. Everybody was bitter but financial matters were handled justly.

The third case was that of the custody of a child. The child`s mother died while giving birth and child was raised by the family of woman untill he turned 7. The child was very dear to his maternal grandparents and his uncles because his mother was the only daughter among their five sons. After six years, the father of the child wanted to take custody of the child. It was an extremely emotional case. The elders decided in favor of a joint custody since the two houses were in close proximity. The child`s grandparents were heartbroken but had they taken this case to a court of law, this case would have dragged for at least three years and may be longer even though the law recognizes the custody of father but still grandparents could manipulate the system to drag the case for years. Imagine the bitterness that would have cutivated between the two.

The point of this long post is that in jirga system people have found a cheaper and effective way of getting justice while the institutions established by state rot and fail them miserably. The state system is so abysmal that land and property disputes take decades and generations to settle costing time and money to the feuding parties. I am not sure that any ordinance barring jirga system will ever work in pakistan unless the state establishes the trust of its institutions in the heart of people. Military occupation cannot do it because the military itself is established on the basis of a clauses 243-245 of the Constitution and as the military rapes the Constitution it negates its own legal existence thus becoming a gun totting criminal organization. For ordinary folk they find it better to seek justice from people it trusts and people who belong to the community rather than from the organized crime aka military dictatorship.