Jirga-Cedar Herald Index

A jirga (, jərga) is an assembly of leaders that makes decisions by consensus according to Pashtunwali, the Pashtun social code. It is conducted in order to settle disputes among the Pashtuns, but also by members of other ethnic groups who are influenced by them in present-day Afghanistan and Pakistan.

Historically, a loya jirga or a "great council" has been convened in order to elect a new head of state, approve a new constitution or resolve critical issues. Loya jirgas have reportedly been organized since the rise to power of the Hotak dynasty in the early 18th century. In July 1747, Afghan chiefs assembled in Kandahar to elect a new king, choosing the 25-year-old Ahmad Shah Durrani, who is credited with founding the modern state of Afghanistan.

Jirga

From 11 to 14 March 2022, the inaugural meeting of the Pashtun National Jirga was held in Bannu, Khyber Pakhtunkhwa to discuss the critical issues faced by the Pashtuns in Pakistan and Afghanistan.

Jirga

Etymology

The word jirga might be cognate to Mongolian цирк (tsərk), referring to a large assembly of men forming a very broad circle, initially intended for laying siege around games or animals to be hunted for food or sport. Pashtun elders also typically sit in a circle when debating and hearing a given dispute during a tribal jirga.

Jirga

In Pashto, a grand jirga is known as loya jirga (, lōya jərga). A mini-jirga is called jirgagai (, jərgagəy).

Origin and historicity

The institution, which is centuries old, is a similar idea to the Islamic shura ("consultative assembly").

It is thought that the ancient Indo-Iranian tribes, also known as Arya or Aryans, practiced a sort of jirga system with two types of councils – and . The (summit) comprised elders and tribal chiefs. The king also joined sessions of the . was a sort of rural council. In present-day India, they are still referred to as Samiti and Sabha.

In Afghan society, the jirga is still maintained and favored, mostly by tribal leaders to solve internal or external disputes with other tribes. In some cases it functions like a town hall meeting. When the Afghans took power they tried to legitimize their hold with such a jirga. While in the beginning only Pashtuns were allowed to participate in the jirgas, later other ethnic groups like Tajiks and Hazaras were allowed to participate as well. The member of the jirgas were mostly members of the royal family, religious leaders and tribal leaders of the Afghans. King Amanullah Khan institutionalized the jirga. From Amanullah until the reign of Mohammed Zahir Shah (1933–1973) and Mohammed Daoud Khan (1973–1978) the jirga was recognized as a common meeting of regional Pashtun leaders. The meetings do not have scheduled occurrences, but rather are called for when issues or disputes arise. There is no time limit for a jirga to conclude, and the meetings often take time because decisions can only be made as a group and arguments can drag out for days. Various issues can be addressed such as major disaster, foreign policy, declaration of war, the legitimacy of leaders, and the introduction of new ideas and laws.

Functioning methodology

The community council meaning is often found in circumstances involving a dispute between two individuals; a jirga may be part of the dispute resolution mechanism in such cases. The disputants would usually begin by finding a mediator, choosing someone such as a senior religious leader, a local notable, or a mediation specialist (a khan or məshər). In tribal Pashtun society, the maliks serve as de facto arbiters in local conflicts, interlocutors in state policy-making, tax-collectors, heads of village and town councils and delegates to provincial and national jirgas as well as delegates to Parliament. The mediator hears from each of the two sides and then he forms a Jirga of community elders, taking care to include the supporters of both sides. The jirga then considers the case and, after it discusses the matter, it comes to a decision about how to handle it, which the mediator then announces. The jirga's conclusion is binding.