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32 Ohio St. J. on Disp. Resol. 245 (2017)
Institutionalizing Customary Dispute Resolution in Afghanistan: Lessons from the Navajo Approach to Harmonizing Traditional and Formal Justice

handle is hein.journals/ohjdpr32 and id is 257 raw text is: Institutionalizing Customary Dispute Resolution in Afghanistan: Lessons from the Navajo Approach to Harmonizing Traditional and Formal Justice BASHARATULLAH SHEENWARY* I. INTRODUCTION II. CUSTOMARY ALTERNATIVE DISPUTE RESOLUTION IN AFGHANISTAN A. Defining and Understanding Today's Afghan Informal Justice System and its Advantages (ADR) 1. The Trial or Jirga 2. Takhm or Appeal 3. Enforcement 4. Composition, Jurisdiction, and Authority of Informal Mechanisms B. Afghan Cultural Values and Pashtunwali with Principles of Restorative Justice C. Traditional ADR Remedies that Conflict with Modern Standards of Justice 1. Revenge Homicide 2. Adultery, Rape, and Abduction 3. Personal Injury and Monetary Compensation UI. THE NAVAJO NATION AND ITS PEACEMAKING DIVISION A. General Principles of Peacemaking 1. Fundamental Laws of the Din 2. Healing Concept 3. K'd Concept 4. Peacemakers IV. THE RESTORATIVE JUSTICE PARADIGM AND PEACEMAKING V. RELATIONSHIP BETWEEN PEACEMAKING AND FORMAL COURTS Basharatullah Sheenwary, LL.M. (2013), University of Washington School of Law. The author is an Associate Professor of Law in the Faculty of Law and Political Science atNangarhar University, Afghanistan. He would like to thank the Legal Education Support Program - Afghanistan at the University of Washington School of Law for its encouragement and support during the writing of this article, and in particular, the suggestions and comments he received from Elizabeth Baldwin.

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