Hujra and Jirga

Hujra and Jirga

Hujra: The Hujra which represents the sociable character of the Pukhtoons is a useful institution and it plays a pivotal role in their daily life. It serves as a club, "dormitory, guest house and a place for ritual and feastings". It is a centre for social activities as well as a Council Hall for the settlement of family and inter-tribal disputes. It is used as a male dormitory where bachelors of the village sleep. It is a guest house where guests are jointly entertained by village folk and a community centre for betrothals, marriages and social functions. Even condolences are offered in the Hujra on the demise of a person and here sympathy is expressed with the bereaved family. It is a place of public resort where village elders and youngsters get-together in their leisure hours to discuss tribal, national and international affairs and matters of mutual interest. "The guests and strangers are fed and sheltered free of all charges in the village Hujras".

The Hujra and Jirga are inter related. It is not only a meeting place of the villagers but it is also used as a platform for the Jirga's meetings where important decisions are made and family quarrels and tribal disputes are amicably resolved. In some places the Hujra happens to be the property of one man but in tribal areas it is a common property. Hujra, hubble bubble (Cheelam) and Rabab (String instrument) and an earthen pitcher are inseparable and are considered its part and parcel. Though the hubble bubble still retains its old place yet the music of Rabab with the accompaniment of the pitcher is vanishing and their place is being taken up by radio, transistor and television sets.

The Hujras are generally well fortified. They have one or two towers with a loopholed parapet for the purpose of defence of the village and firing down and along the wall in case of an outbreak of hostilities. The youngsters of the village in general and bachelors in particular sleep in the Hujra to guard the village in case of blood feuds. The Hujra usually consists of two or three rooms with adjacent veranda and a courtyard. A number of bedsteads or charpaees, pillows and quilts and praying rugs available in Hujra for the guests.

Jirga: "A mass meeting of the elders of the whole of the Afridi tribe, for instance, would correspond very much to the old `Shiremote' of the Saxon heptarchy; and, indeed, there is more in the simile than one would expect at first glance, for the democratic spirit that is so characteristic a feature in the gradual growth of English customs finds its counterpart in the spirit of liberty and right of free action that is one of the most cherished prerogatives of the Pathan tribesmen, be he ever so humble". Democracy is not alien to the genius of the Pukhtoons, as they are carrying on their typical and rudimentary form of government on democratic principles since times immemorial. A unique feature of tribal life is the Jirga system, a council or assembly of tribal elders which closely resembles the Athenian democracy of the City States of ancient Greece. This participatory sort of democracy was practiced by the Pukhtoons long before Locke, Rouseau and other eminent philosophers expounded their theories about democracy. Pukhtoonwali is the code of ethics of the Pukhtoons, the Jirga their Parliament or National Assembly and intrepidity and frankness an essential trait of their character. An atmosphere of equality pervades in tribal area and even a poor man dressed in rags considers himself equal to his adversary or his rich compatriot. This spirit is well reflected in their Jirga system, which, like the ancient Greek democratic institutions signifies their love for democracy. The Jirga of today also plays an important and constructive role in solving the tribal matters. It is an authority for settling disputes and dispensing even-handed justice to all and sundry irrespective of their social status, influence and wealth. All matters including the question of peace and war within tribal limits, fall within the purview of the Jirga. It consists of the leading Maliks and tribal elders. There are no hard and fast rules for the selection of Jirga members. All tribal elders Speen Geeri or (grey-beards) are considered eligible for its membership and each one of them has a right to speak and freely express his opinion. However, Jirgas generally consist of persons known for their honesty and integrity. The Jirga exercises both executive and judicial roles and settles all disputes pertaining to the distribution of land, property, blood feuds, blood money and other important inter-tribal affairs on the basis of tribal conventions, traditions and principles of justice. It performs judicial functions while settling a dispute and discharges police functions when a threat to peace and tranquility or danger to the life and property exists within tribal limits. The Jirga usually deals with inter-tribal affairs and serves as an instrument for dispensing speedy and cheap justice. After careful consideration, the Jirga decides the disputes on the basis of available evidence. The Jirga assembles in a Hujra or a village mosque or in an open field outside the village under a shady tree. The Jirga members usually sit in a circle without any presiding officer. This Round Table Conference like a meeting without a chairman clearly reflects their love of democracy and principle of equality irrespective of birth, wealth etc. The Jirga conducts its proceedings in a simple manner. It interviews both the parties, gives them a patient hearing and examines witnesses to ascertain the facts of the case. After searching enquiries, the Jirgamakes every possible endeavour to find an impartial and acceptable solution of the problem. The Jirga's decision is generally based on Shariat, local traditions, justice and fair-play. In serious cases the Jirgaasks a party to clear itself of the imputed charge by an oath on the Holy Quran. This seals the issue once for all, as the religion is an extremely strong a force. It announces its decision only when the majority of its members reach an agreement. But Jirga members deem it prudent to obtain the consent of both the parties before making its verdict public. This practice is known as WAAK or IKHTIAR (Power of attorney). It is through the instrument of Waak or Ikhtiar that the Jirga commits both the parties to abide by its decision. The Waak also gives a binding force or some sort of legal cover to the Jirga's verdict and it becomes incumbent upon the parties concerned to honour its verdict. The Jirga reprimands the party which refuses to accept its award. In popular parlance this refusal to abide by the verdict of Jirga is called MAKH ARAWAL (lit, turning of face) or expression of disapproval over the party's behaviour. In such a case the Jirga also resorts to punitive measures for enforcement of its decision which includes fine in money and burning of the houses of the recalcitrant members. It is because of such stringent action that no one dares violate a Jirga's decision after customary approval in the form of Waak or Ikhtiar. The Jirga does not interfere in small and petty family disputes until a formal request is made by a party to intercede on its behalf. Moreover in cases of grave concern and serious nature, the Jirga assembles on its own and persuades the parties concerned to submit to its award. The Jirga meeting usually lasts for a day or two, but in some complicated cases, its deliberations are prolonged to three or four days. It remains, however, the utmost endeavour of the Jirga to settle the dispute amicably as early as possible. It is also one of the functions of the Jirga to ensure law and order and lasting and durable peace in the area. Here the Jirga can be likened to the General Assembly of the United Nations. As all peace loving nations can become members of the General Assembly, similarly the Jirga is composed of such elders who have stainless characters and spotless records. As no decision is taken in the United Nations without a majority vote, likewise the majority opinion prevails in the Jirga. But here the similarity ends. The Jirga is more powerful as compared to the General Assembly. It can easily enforce its decisions through a tribal lashkar and the erring party or the dissident group is promptly punished. ************

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