Understanding Perceptions about the Role of Traditional Practices of Inheritance With Relation To Feud Settlement

Abstract

Pakistani society depicts a vivid picture of inequality in property ownership with prenatal preference to inheritance for sons over daughters. The customary law under the clutches of patriarchy is only meant for male dominating female in all social spheres. The main purpose of this study is to explore the extents of traditional approaches to feud settlement regarding inheritance as the main reason of dysfunctional legal system in the study area. A sample size of 182 respondents was randomly selected of those respondents who had at least 10 acres of land. Frequency distribution of data was observed to have a comprehensive data layout. Moreover, Chi square (χ2) statistics was used to determine the level of association between dependant variable (Feud Settlement) with the independent variables (Customary Practices of Inheritance). Majority (78.0%) of the respondents believed that Jirga played an important role in transformation of inheritance while curtailing the chances of inheritance feuds through application of traditional practices. Most (89.6%) of the respondents disclosed that patriarchal system favors male members of the family in respect of transferring of property. At bi-variate level, Jirga played a vital role in the transformation of inheritance in case of conflict and had a significant association (p=0.039) with feud settlement. Moreover, dowry to be considered as a share in inheritance of family had a significant association (p=0.005) with feud settlement. The study depicted that strong patriarchal system was influencing the inheritance practices in favor of male gender. In addition, Pakhtoon culture, being conservative and prejudice, was found to be the core impediment in the smooth transmission of equal property rights to both the gender. Women’s participation in the traditional mechanism of resolving the issue of inheritance and speedy court system could lead to the mitigation of inheritance related feuds at family level.