The Shariah Nizam-e-Adl Regulation, 2009, was enacted to provide speedy, Shariah-compliant justice in the Provincially Administered Tribal Areas (PATA) of Khyber Pakhtunkhwa, with particular focus on the Malakand Division. The Regulation introduced a specialized judicial structure, time-bound case disposal and alternative dispute resolution mechanisms. While the Regulation addressed demands for culturally legitimate justice, persistent challenges such as weak institutional capacity, inadequate training and procedural delays have hindered its effectiveness.
This article evaluates the Regulation’s key features, examines the role of Executive Magistrates and proposes reforms for both Malakand and the merged tribal districts (former FATA) to the best of my understanding. It emphasizes digitization, professional training, oversight mechanisms and community engagement as necessary measures for improving administration of justice and restoring public trust in state institutions.
Background
The Regulation established a unique justice framework in Malakand Division to replace colonial-era and ad hoc systems with a Shariah-based model. Its aims included:
- Ensuring judicial legitimacy in line with local demands.
- Guaranteeing swift case disposal through strict timelines.
- Promoting alternative dispute resolution (Sulh) to reduce court burden.
Despite these innovations, operational issues such as lack of trained Qazis, weak enforcement of timelines and poor coordination between the Police, Magistrates and Courts have undermined the system.
Key Features of the Regulation
- Application of Shariah: All proceedings grounded in Qur’an, Sunnah, Ijma and Qiyas, respecting sectarian diversity.
- Judicial Structure: Zilla Qazi (trial), Dar-ul-Qaza (appellate), Dar-ul-Dar-ul-Qaza (final appellate) plus Executive Magistrates.
- Time-Bound Justice: Six months for civil, four months for criminal cases, with appeals within 30 days.
- Accountability for Police: Challans to be submitted within 14 days or disciplinary action applies.
- Alternative Dispute Resolution (ADR): Mediation by Musleheen within 15 days before formal trial.
- Discouragement of Adjournments: Adjournments fined at a minimum of Rs. 2,000.
- Language Policy: Urdu, Pashto or English for accessibility.
- State Responsibility: Additional courts to be established if caseloads exceed prescribed limits.
Key Challenges
- Capacity Deficit: Limited training for Qazis, Assistant Commissioners and Additional Assistant Commissioners in Shariah jurisprudence and modern law.
- Weak Oversight: Lack of accountability mechanisms for magistrates and police delays.
- Procedural Bottlenecks: Time-bound rules are often ignored in practice.
- Public Disengagement: Citizens lack awareness of rights, procedures and ADR mechanisms.
- Infrastructure Gaps: Courts and magistracies face resource constraints, especially in remote areas.
Policy Recommendations
- Judicial Strengthening in Malakand Division
- Digitization: Introduce e-filing, case tracking and digital records of FIRs and challans.
- Judicial Training: Continuous capacity building for Qazis on Shariah and modern laws (e.g., cybercrime, financial regulation).
- Performance Monitoring: Key performance indicators (KPIs) for case disposal, timelines, and quality of judgments.
- Enhanced ADR: Institutionalize Musleheen panels under judicial supervision to strengthen reconciliation processes.
- Infrastructure Expansion: Establish mobile courts to extend reach to remote areas.
- Reforming Executive Magistrates’ Role
- Training: Certification in Shariah and criminal justice; refresher courses in CrPC.
- Oversight: District Oversight Committees led by Zilla Qazi to review performance and misuse of authority.
- Sulh Facilitation Units: Encourage pre-trial mediation under magistrates’ supervision.
- Community Engagement: Monthly khuli kachehris to educate citizens on rights, timelines and complaint procedures.
- Extending Lessons to Merged Districts (Former FATA)
- Empower Executive Officers: Restore judicial powers under CrPC to DCs, ADCs, ACs and AACs.
- Repeal CrPC Amendment Ordinance, 2001: Revive executive magistracy powers effective under Nizam-e-Adl.
- Amend Prosecution Service Act, 2005: Reinstate DC’s authority under Section 494 CrPC to withdraw prosecutions.
- Divisional Appellate Courts: Reduce case backlogs and provide localized access to appeals.
- Professionalize Police: Train ex-Levies personnel in policing, law and ethics.
- Land Settlement: Comprehensive land survey under the Land Revenue Act to prevent disputes and support governance.
Conclusion
The Shariah Nizam-e-Adl Regulation, 2009, remains a critical experiment in localized justice delivery. While it responded to cultural and religious sensitivities, its long-term success depends on robust reforms: digitization, training, oversight and public engagement. Extending lessons from Malakand to the merged tribal districts offers a pathway to bridging the governance vacuum left by the abolition of the FCR. Effective implementation of these reforms can enhance rule of law, restore public confidence and strengthen state legitimacy in historically fragile regions. Amid the prevailing fragile situation in the Merged Districts (Ex-FATA), it is imperative for the government to consider extending the Shariah Nizam-e-Adl Regulation, 2009—with necessary adaptations as outlined above—rather than resorting to outdated and ineffective legal contraptions.
The writer is a BS-19 Officer of Provincial Management Service, Govt of Khyber Pakhtunkhwa.
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