Term Jirga is so widely used in Pukhtoon society that many times the non pushtoon people get confused over its meaning. Jirga is an indespensable part of costums and traditions of FATA. In this article I am going to discuss various aspects of Jirga in context of FATA. With regard to its popular notions in media Jirga is a sort of traditional Jury which operates in FATA for quite as long period as the culture of FATA. Traditionally it operated even before the British colonial influence of 19th century and the established acceptance imply that the history of Jirga in Triabl belt is thousands years old. But the term Jirga is used in other meanings as well in FATA and Pushtoon areas.
In recent days various forms of Jirgas are being practiced. Broadly speaking the Jirgas of 21st century in FATA could be divided in to two broad categories. 1) State supported Jirga and 2) People supported Jirga.
Speaking in the formal legal terms the State or government supported Jirga is a jury of at least two local maliks appointed by the Political Administration (Like district administration in other parts of the world, but farmost powerful than other parts of the world) to investigate the causes of various disputes and recommend some corrective measures. Membership to these sorts of Jirgas is granted by Political administration and an elite class can avail this membership who have better relationship with political administration. These Jirgas usually participate in decisions on issues like ownership of properties, murders, tribal conflicts. These Jirgas operate for long periods of time and try to decide the matter in a way, which is liked by the political administration.
People supported jirga in terms of legal proceedings ,too is a jury which is appointed by two opposing parties to discuss the points of difference between them. This Jirga too is comprised on two or more than two members. To make the decision binding on both the parties this Jirga takes some bond from both the parties in form of some valuable assetts. Traditionally the bond used to be in form of Guns like AK-47, klashinkove or other armours but the bond in form of land or money too is practiced in various areas of FATA. In case of violation or non respect for the decision of the Jirga, the guarantee, or Bond is considered the ownership of the jirga members. The bond given to Jirga is called " Wak" in local terms, meaning the Authority, consent to decide on their behalf. Authority given to members of the Jirga is of utmost importance and unless and untill both the parties give their consent and trust to the Jirga, the Jirga does not start working. In decisions of this type of Jirga, Imprisonment is never a decision because the members dont have authority over the prisons. Mostly the decision of this sort of a Jirga relates to compensation of some type.
Historically the compensations imposed by these Jirgas some times used to be inhumane like giving the offenders female relatives to the sufferers family in marriage for compensation. This concept is called " Swara" and is still being practiced in some parts of FATA and Khyber Pakhtoonkhwa, but is also replicated in non Pushtoon areas such as Sind, and Punjab with different names.
Jirga is also used for a forum of exchanging views and reaching to a more appropriate solution of various issues. It could be considered as an assembly at village or street level where the local residents sit together and express their views on various matters.
Other form of Jirga is a sort of accepting some ones own error and saying sorry to other party. This type of Jirga is also called "Nanawaty" for example party X did some harm to party Y,,, now either party X thinks that the prolonged conflict might lead to bigger losses,,or it simply consider that they have ethically done wrong, they ask some elders of the village to go with them and in their presence they say " sorry" to the party who suffered a loss. This sort of Jirgas have served the prevention of blood shed on many ocassions.
Another sort of Jirga is for asking favors from other party. e.g. A boy of one family loves the girl of another family, the boy will ask his parents or elders to take a jirga to the girl family and ask for her "hand". These sorts of Jirgas are the most romantic ones and many times are successful in combining the love marriages and arranged marriages. If the girl's family agree the marriage at the same time is both love and arranged marriage.