A Systematic Study of the Scope of Arbitration (Tahkeem) under Islamic Law

  • Muhammad Nasir Lecturer Islamic Theology ICp
  • Syed Naeem Badshah Chairperson, Department of Islamic Studies, The University of Agriculture Peshawar


This article deals with different aspects of the traditional Jirga system as a dispute resolution mechanism. Jirga is one form of alternative dispute resolution (ADR) and these alternative forms are gaining worldwide popularity due to the deficiency of the existing formal legal systems of dispute resolution (functioning in the form of courts) in providing timely and speedy justice to the litigating parties. In this article, the difference between Jirga and current legal system is presented first which is followed by relevant discussions like the consent of litigants about the appointment of Jirga members, the binding nature of decision of the Jirga, the right of appeal, Jirga in hudood cases, the impeachment of a Jirga member, the nature of the implementation of Jirga’s decision and the capacity of a female to become a member of the Jirga.