Legal Analysis of the Customary Practices in the Resolution of Family Disputes in Pakistan

Zeeshan Ashraf

Mohammad Azam Hussain

Ain Husna Mohd Arshad

 

Abstract: Customary Practices (CP) for the resolution of family disputes including Jirga and Panchayat are prevalent in Pakistan. Pakistan is a Muslim-majority State and a signatory to a number of international human rights conventions, e.g., ICCPR, ICESCR, and CEDAW. Using qualitative research methods, semi-structured interviews were conducted with nine participants to determine the true nature of the CP in question. The examination of these CP based on the provisions of international human rights conventions reveals that some of the CP violate Islamic teachings as well as certain provisions of the international human rights conventions. The continuous use of such CP means that Pakistan has failed to implement its international human rights obligations in two aspects: first, failing to prevent CP that violates these obligations; and second, failing to provide inexpensive justice in family disputes. The article argues for the institutionalization of family dispute resolution (FDR) in Pakistan to adapt the provisions of international human rights conventions and to eliminate human rights violations in Pakistan.