Introduction
In this paper, I study the proceedings and outcomes of criminal and civil cases tried by elders serving in tribal courts or “jirgas" in Pakistan’s Tribal Areas, alongside records of governance and development pertaining to the region. Jirgas were constituted under the provisions of a colonial-era British Indian law to carry out sentencing for crimes defined by select provisions of the penal code, and to resolve civil disputes through reference to tribal custom and tradition. These tribal courts were comprised of three or more tribal elders, and they were appointed by federal government officers called political agents.
After the dissolution of the special administrative status of the Tribal Areas (including both federally and provincially administered tribal territories) in 2018, I went looking for the records of tribal courts, reasoning that they should contain references to the principles of the Pakhtun tribal code that ostensibly underpin Pakhtun tribal law. The buildi...