LEGAL PLURALISM IN EX-FATA: THE CO-EXISTENCE OF STATUTORY LAW, THE CUSTOMARY LAW, AND THE SHARIA LAW UNDER THE 25TH CONSTITUTIONAL AMENDMENT

Authors

  • Israr Ahmad LLM Scholar, Punjab University Law College Author
  • Farman Ullah The University of the Punjab, Law College Author
  • Ghani Khan LLB, PU Law College Lahore Author

DOI:

https://doi.org/10.63878/qrjs674

Keywords:

Legal pluralism, ex-FATA, 25th Amendment, jirga, Pashtunwali.

Abstract

The colonial Frontier Crimes Regulations (FCR) have traditionally ruled the frontier tribal areas (FATA) of Pakistan, which is not a part of the mainstream legal system.The 25th Amendment of 2018 replaced FCR and combined FATA into Khyber Pakhtunkhwa, extending the statutory law and constitutional rights. Nevertheless, this shift does not eliminate the presence of deep rooted pluralism, the official state laws are present alongside the established Pashtunwali/jirga traditions and the Islamic values. This paper looks at the interaction of these legal orders in post-merger ex-FATA.The research finds that the legal pluralism in ex-FATA is dynamic and it has to be served with subtle strategies to reconcile the customary traditions and legal law.

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Published

2025-09-28

Issue

Vol. 2 No. 3 (2025): Qualitative Research Journal for Social Studies

Section

LAW

License

Creative Commons License

This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.

How to Cite

LEGAL PLURALISM IN EX-FATA: THE CO-EXISTENCE OF STATUTORY LAW, THE CUSTOMARY LAW, AND THE SHARIA LAW UNDER THE 25TH CONSTITUTIONAL AMENDMENT. (2025). Qualitative Research Journal for Social Studies, 2(3), 52-64. https://doi.org/10.63878/qrjs674