Traditional Governance and Dispute Resolution: A Qualitative Study of Jirga System in District Mardan Khyber Pakhtunkhwa

Abstract

This study explores the role of the Jirga system as a traditional mechanism of dispute resolution in District Mardan, Khyber Pakhtunkhwa. Using a qualitative research design and a phenomenological approach, the study examines the perceptions and lived experiences of community members, Jirga elders, and disputants. Data were collected through semi-structured interviews and analyzed using thematic analysis. The findings reveal that Jirga remains a widely accepted and effective institution due to its accessibility, efficiency, and strong cultural legitimacy. It plays a significant role in maintaining social harmony by emphasizing reconciliation and consensus-based decision-making. However, the study also highlights critical challenges, including gender exclusion, influence of power dynamics, and lack of formal legal safeguards. The coexistence of Jirga with the formal judicial system reflects legal pluralism, creating both opportunities and tensions within the justice system. The study concludes that while Jirga continues to be a relevant and functional institution, there is a need for reforms to ensure inclusivity, accountability, and alignment with contemporary human rights standards.