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Justice System in Pre- and Post-Merged Federally Administered Tribal Areas (FATA): A Case Study of District Bajaur

Year: 2025

Type: article

Abstract: This research presents comparative analysis of the administration of justice before and after the merger of FATA and examines its impact of merger on justice provision in District Bajaur. The study is qualitative in nature, employing comparative and exploratory designs. Semi-structured interview guide and purposive sampling technique have been used for data collection. The collected data has been analyzed and interpreted thematically in the form of separated themes. In light of the Legal Empowerment Theory, the study findings have revealed that majority of people in District Bajaur prefer and trust old Jirga system for justice delivery. Nevertheless, the analysis does not romanticize the Jirga, even though, widely preferred there are some demerits in Jirga system such as unfair treatment of women, absence of appeal system, and sometimes arbitrary decisions by powerful elders. Contrary to this, the formal judiciary system ensures institutional safeguards which maintain rights protection for marginalized population especially women.

Source: Social science review archives.

DOI: 10.70670/sra.v3i3.992

Authors: Zahid Ullah, Farkhanda, Haroon Khan, Muhammad Yasir, Mairaj ul Hamid

Institutions: University of Malakand, University of Peshawar, International Islamic University, Islamabad

Language: English

Topic: Politics and Conflicts in Afghanistan, Pakistan, and Middle East

Subfield: Political Science and International Relations

Field: Social Sciences

Domain: Social Sciences

SDGs: Peace, justice, and strong institutions, Reduced inequalities

Open Access status: diamond

OpenAlex ID: W4414294283

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