Addressing the Negative Impact of Social Disputes on Women'S Lives in the Pak-Afghan Pashtun Society: An Islamic Legal and Socio-Cultural Perspective

Abstract

This study critically investigates the disproportionate impact of social disputes on women within the Pak-Afghan Pashtun society by employing a dual analytical lens rooted in Islamic legal principles and Pashtunwali, the tribal customary law. It reveals how conflicts—frequently stemming from honor codes, land disputes, and deeply embedded patriarchal structures—systematically harm women through coercive practices such as forced marriage settlements (e.g., swara), economic marginalization, and persistent psychological trauma. Despite the robust framework offered by Islamic jurisprudence emphasizing justice (ʿadl), reconciliation (ṣulḥ), and gender equity, these principles are often eclipsed by traditional conflict resolution mechanisms like jirgas, which rarely align with Qur’anic imperatives for women's rights and dignity. Empirical evidence indicates that 45% of women endure psychological distress due to prolonged exposure to tribal conflicts, 60% face chronic poverty from widowhood or displacement, and 25% are subjected to customs such as swara that contravene Qur’anic injunctions on consent (Qurʾān 4:19). In response, the study advocates for a multi-dimensional reform strategy that intertwines legal, cultural, and economic interventions. It proposes the integration of jirga decisions within a Sharīʿah-compliant adjudicative framework to protect women's marital and inheritance rights, alongside cultural reorientation efforts that mobilize religious scholars and media to reinterpret Pashtunwali in light of Islamic ethical ideals such as dignity (karāmah) and justice. Furthermore, the research underscores the necessity of expanding microfinance and vocational training programs for conflict-affected women, ensuring their socio-economic reintegration. Ultimately, it concludes that achieving sustainable peace and gender justice in tribal contexts requires decolonizing traditional dispute resolution practices and re-centering them around the maqāṣid al-sharīʿah—notably the protection of life (nafs), lineage (nasl), and honor (ʿird). Institutionalizing women's voices in peacebuilding processes emerges as a critical step toward transformative and inclusive societal change.