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Civil disputes leading to crimes: A baseline study of terrorism affected North Western Pakistan

Iqbāl, Khūrshid Ashraf; Shah, Niaz

Authors

Khūrshid Ashraf Iqbāl



Abstract

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

Journal Article Type Article
Publication Date 2017-12
Journal Australian journal of Asian law
Peer Reviewed Peer Reviewed
Volume 18
Issue 1
APA6 Citation Iqbāl, K. A., & Shah, N. (2017). Civil disputes leading to crimes: A baseline study of terrorism affected North Western Pakistan. Australian journal of Asian law, 18(1),
Keywords Civil justice; Failure of civil justice; Criminal justice; Insurgency; Criminality
Publisher URL https://apps.law.unimelb.edu.au/lawapps/bibliography/ajaldetail.php?id=32990
Additional Information This is a description of an article accepted for future publication in Australian journal of Asian law. The full text is not available in this repository.