Civil Disputes Leading to Crimes: A Baseline Study of Terrorism-Affected North Western Pakistan

18 Pages Posted: 3 Aug 2017

See all articles by Khurshid Iqbal

Khurshid Iqbal

The Khyber Pakhtunkhwa Judicial Academy; International Islamic University - Department of Law

Niaz A. Shah

University of Hull - School of Law and Politics

Date Written: August 2, 2017

Abstract

The article explores the relationship between civil disputes and private crimes in two districts of Khyber Pakhtunkhwa, an area hard hit by terrorism and the ‘War on Terror’. This article investigates if, and why, civil injustice may lead people to resort to violence. We examine criminal cases emanating from civil disputes in two districts of Malakand – Swat and Dir - in the Khyber Pakhtunkhwa. Relying on empirical evidence, we argue that civil injustice can lead to criminality, that is, it is a contributing factor. The article also discusses the legal anthropology of the jirga, an informal dispute resolution mechanism. We find that the jirga has been more successful in resolving criminal cases than civil disputes. We make specific recommendations for civil justice policy makers and hope this study will act as a baseline study for future research in this area.

Suggested Citation

Iqbal, Khurshid and Shah, Niaz A., Civil Disputes Leading to Crimes: A Baseline Study of Terrorism-Affected North Western Pakistan (August 2, 2017). Australian Journal of Asian Law, 2017, Vol 18 No 1, Article 4: 41-57, Available at SSRN: https://ssrn.com/abstract=3012400

Khurshid Iqbal

The Khyber Pakhtunkhwa Judicial Academy ( email )

Jail Road
Peshawar, 25000
Pakistan
92919213088 (Phone)
92919213078 (Fax)

HOME PAGE: http://www.kpja.edu.pk

International Islamic University - Department of Law ( email )

Block 01, H-8
Islamabad, 44000
Pakistan

Niaz A. Shah (Contact Author)

University of Hull - School of Law and Politics ( email )

University of Hull
Hull, HU6 7RX
United Kingdom

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