Mârke; A traditional manifestation of restorative justice implementation in Afghanistan

Abstract

Today, one of the newest models of solving criminal cases is Mârke justice. This issue, which is based on removing the opacity caused by the criminal phenomenon, appears in different formats. In Afghanistan, one of the most common forms of crystallization of restorative justice is Mârke. Mârke is a quasi-judgment that is common among the Hazara people in the central parts of Afghanistan. The question is, how does this culture repair conflicts and what answers does it provide for solving criminal cases? The answer to this question seems important because Mârke is still common today and solves a large part of the legal and judicial problems of the people in Hazarestan. The findings of the research were made from library sources and with a descriptive-analytical method, show that the brand, through creating circles of empathy, laying the groundwork for the flow of apologies, immediate implementation and imposing compensation to compensate the victim, is an effective method in reducing social hatreds and is considered a suitable model for the implementation of restorative justice.