MAHNOOR NISAR

Local Arbitration and conflict deferment

Presented By:Arosa Hajira

Bibi Sumeria

Marhiam

MAHNOOR NISAR

Introduction The relationship between landlord and peasant are exploitative

and unfair.

Landlord impede(stop) development and intentionally keep the rural area backward in oder to maintain control.

Dispute settlement systems are said “to be biased in favor of landlords which leaves peasants without legal representation.

contii... At the time of independence Pakistan has land tenure system

in Punjab and Sindh dominated by jirga and zamindar.Zamindar and jirga possed large trace of land practice and exploitative system. (Husain 1999)

For landlord agriculture development is less a matter of economic need than of social obligation.

Rural elicts act as arbiters in local disputes

Arbitration take place in formal indagenious structure and at other time it is informal.

Differnce between local arbitration and state court

Local Arbitration

It seeks above all to defuse(to stop) and defer(to delay) conflict rather than actuallybring about definative(clear) resolution

State Court System

State court are unable to deal with parties that may not seem formally involved with a particular case

Conflict Resolution

Conflict resolution is a way for two or more parties to find a peaceful solution to a disagreement among them. The disagreement may be personal, financial, political, or emotional

o Anthropologist have recongnised that analysing conflict is a useful way of making sense of society.

(Malinowski 1926) Studying a society's methods for dealing with conflict is a

useful way to understand social norms and values.

(Llewellyn and Hoeble 1941)

Contii...

• Ways of Mediation Al-Krenawi and Graham, argue that mediation occurs in two

ways.

1. 'sense of mutuallyagreed upon justice'

2. 'stability, order, and harmony to social relations'

Legal System The formal legal system of Pakistan came out of the islamic

legal tradition and the Biritish legal tradition Pakistani courts remain confusing because of chaotic

background from which they were created The Pakistani state's adoption of the shari'at and Biritish legal

systems has left little room for cutomary law in the formal court system of Pakistan today

Chaudhary[1999] suggested that the role of traditional justice in the punjab has undergone dramatic change with modernisation.

contiii Decisions in Punjabi arbitration, have a very different goal th

at is similar to the origins of the shari'at in Arabia and its application during the expansion of Islam.

The only decisions that based on customs are those of the arbitration councils in the rural areas

Decisions based on customary law become problematic in urban situations where population come from different sub-cultures.

Each with its own customary law

Lack of uniformity

Role of traditional Arbitration The role of arbitration is to defuse the present situation.

It always served to defer conflict and to resolve disputes.

To provide definitive solutions.

Role of traditional Arbitration The role of arbitration is to defuse the present situation.

It always served to defer conflict and to resolve disputes.

To provide definitive solutions.

Case study 1 child custody

The first case study illustrates one of the most shortcomings of arbitration.

The failure of this case is due in part to a possible miscalculation in the jirga council selection.

In islam children are considered to belong to their father's family and religion.

contii Abdul the father was born in village His wife belong to larger city. When wife become seriously ill she return to parent home. Abdul father name was Javaid. Javaid decided that they needed the help of landlords Malik Saddiq was landlord who listened sitution of Abdul. Malik Hafiz was a retired police officer

contiii

Yonger Malik Sadiq

RepresntativeOf woman’s family

Abdula ,bad husban, drinker of koopi,drug user

Case study two :Land Dispute The second case also involved a formal Jirga council

The dispute was between paternal cousins over three generations and multiple Jirga session

There are two real landlords in one of the villages Malik Ali Khan Malik Shafiq Khan

contiii Malik Khalid Khan and Malik Munar Khan both legitimate to

claim plot of 25 kanal

Malik Khalid,s claim was greater since his father had actually use the land during the lifetime for grazing animals

Malik Munawar,s argue that land had actually belong to his mother,s grand father family.

The land was uncultivated and use for grazing animals

Malik Nadeeem was Malik Munawar grandson

Malik Munawar died in1950,s

Malik Nadeem plant several tress on boaderof

land

Malik Khalid son Malik Baber furious

Malik Nadeem sharecropper took goat on

the dispute land to graze

Dispute between shrarecropper and Malik Baber,s son

New jirga made which contain some family member,some other

lanlords and civil servant

Malik Nadeem paid 350,000 within 6 months

In 1999 Malik Baber brother died

After sixth months only onetenth of money paid

Only loser was sharcropper

Case study three(Semi-Formal Arbitration Kidnapped Animals)

The final case demonstrate how arbitration is only as useful the position of the arbiter

A pathan sharecropper .Gul Khan. had been told by his landlord Malik Nawab to protect the crops from grazing animal

A Punjabi sharecropper Manzar had grazed his animal near there for many years

Issue between two sharecroppers Gul khan captured Manzar’s cow to get Manzar's attention But Manzar insult Gul Khan's wife and Pathans

contii Gul Khan sent his brother to their landlord Malik Shafiq younger brother of Malik Nawab heard the case Manzar reminds Malik Shafiq that they both are punjabi Malik Shafiq listen carefully but told him to forget about

being a punjabi in punjabi in this situation. Malik Sahfiq argue Manzar to apologize. Malik Nawab and Malik Shafiq take differnt decisions.

Conclusion. The result of each disputes may be successful if the objective

of arbitrator is to creat group harmony

It may be faliure if the objective is the application of justics in a manner which may be use to establishe rule and justics in future

Pakistani corurt at the present do not serve the role maintaining group harmony.