Thursday, February 24, 2011

Dispute Resolution


Given the historical lack of central government in Afghanistan, disputes between two parties were – and still are – settled according to tribal law, or narkh. The first step in resolving the dispute involves getting both parties to grant authority (واک - wak) to the mediating body (مرکه - maraka, for smaller cases, or جرګه - jirga, for more important issues; both are usually composed of elders uninvolved in the dispute). The maraka or jirga will collect two sums from the disputants: khalaat (خلات)[sp?], a fee for the mediators, and  برمته  - baramta, a deposit (which is usually weapons or cash) made by both parties as a sign of good faith that they will accept the mediators’ decision. If either party to the dispute refuses to accept the decision of the maraka or jirga, they forfeit the deposit.

Words:

مرکه - maraka: discussion
واک - wak: power, authority
جرګه - jirga: council
برمته  - baramta: deposit, collateral.  Can also be used as 'kidnapped,' or 'taken hostage.' 
      Example: پټنګ برمته شو - Patang was taken hostage

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