Criminological Foundations for the Imperative of Reviving Informal Justice Mechanisms in Afghanistan

Abstract

Customary law plays a significant role in social interactions in Afghanistan, and many issues across various regions are resolved based on customary rules. The importance of this study arises from the fact that numerous disputes are settled through traditional assemblies such as Jirga, Markah, Ure, and Shura, which represent forms of informal justice in the country. Therefore, understanding the justification of customary decisions alongside the formal judicial system and examining the criminological rationale for reviving informal justice is crucial. The aim of this research is to assess the necessity and function of informal justice in Afghanistan and to analyze restorative decisions within social and legal contexts. The primary research question is how customary decisions are justified in the presence of the formal judicial system and why the revival of informal justice is necessary. This study employed a descriptive–analytical approach. Data collection tools included the analysis of national and international documents, field examination of decisions made by Jirga, Markah, and Shura, and library-based sources. The scope of the research encompassed various regions of Afghanistan, focusing on social and criminal disputes. The findings indicate that, given the social context, the revival of informal justice is essential, as restorative decisions not only address social conflicts at their roots but also reduce criminal proliferation, social animosities, and administrative costs. These outcomes align with the objectives of national and international legal frameworks and emphasize the importance of integrating informal justice within Afghanistan’s legal system.