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

Iqb?l, Kh?rshid Ashraf; Shah, Niaz

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.

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),

• Journal Article Type: Article
• Acceptance Date: Apr 5, 2017
• Publication Date: 2017-12
• Deposit Date: Jun 14, 2017
• Journal: Australian journal of Asian law
• Peer Reviewed: Peer Reviewed
• Volume: 18
• Issue: 1
• Keywords: Civil justice; Failure of civil justice; Criminal justice; Insurgency; Criminality
• Public URL: https://hull-repository.worktribe.com/output/452420
• 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.
• Contract Date: Jun 14, 2017