تلخیص
The Creator has created man. There are conflicts
among human beings since creation. Millenniums have
passed and conflicts still goes on the basis of creed and
beliefs. This conflict was started when the first man killed
his own brother.
For the minimization of these conflicts every society
has its own ways to solve problems. These conflicts are of
different kinds and different mechanisms are adopted by
societies. In Pakhtun community Jirga system is the best
tool to solve these issues. But there is criticism on the
conflict settlement regarding marriages. There are two
types of Traditional Marriages in Pukhtun Society i.e.Rasme-swara and Rasm-e-Ghag. Rasm-e-swara has been
performed by Jirga System for the Settlement between the
conflicting parties as punishment to the accused party and
Rasm-e-Ghag is being occurred without the consent of the
bride, her parents or guardian.
On account of these biased decisions, the Jirga
system is being criticized badly and in this way it is
considered irrational. Keeping in view all the above, this
study will orient the readers on these traditional marriages
i.e. Rasm-e-swara and Rasm-e-Ghag, procedures and
Sharia Status of these marriages in the light of Quran and
Sunnah. Besides these some of the flaws and pitfalls in
Sharia and Social perspective have been highlighted