قبائلی نظام پر مبنی جرگہ ، تاریخ و توسیع ، نوعیت اور متعلقات ، قرآن و سنت کی روشنی میں تجزیہ The Tribal System: An Exploration of Its History and Expansion in the Context of the Quran and Sunnah Section Islamic Literature

Abstract

To solve conflicts and problem ,to reconcile the parties, A Jirga consisting of regional officials is organized in the tribal system to solve national problems and interests and the peace and order of the region and other major problems, this constitution of Jirga exists in the tribes many centuries ago, Since Jirga is considered as a high level commission in tribal system ,its decision is final and anyone has not the right to refuse or  disagree with it , The purpose of Jirga is to provide speedy justice to the parties or to decide the interests of the entire tribe or sub-branch, Although the Jirga has been in existence for centuries ,it still exists in the original form with the passage of time apart from partial changes, Jirga decision are within the realm of culture and religion, the main role in the Jirga is played by the regional trustees ,A Jirga is a very simple and quick problem_ solving consultative round table conference in person, usually a Jirga is used to resolve major issues and minor issues are resolved through mediation ,although there is no specific form of mediation but for the resolution of any family or business or other small problems any person may be mutually agreed upon by the parties arbitration can be called a type of Jirga ,although there is a clear difference between the two, Decision of the Jirga or through arbitration with the consent of the parties are made in accordance with Islamic law, however partial judgments are exempt from this.