Loya Jirga

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Authors: Jyoti M. Pathania, Mohammad Amin Amin
Cited by: 0

Abstract

This chapter examines the Loya Jirga as a traditional, Afghan-centric approach for addressing concerns related to females&s; rights in present-day Afghanistan after the ruling regime takeover in 2021. The issue of female rights gained significant attention both in national and international affairs. The restrictions imposed by them have severely limited women&s;s access to education and employment, thereby infringing upon their fundamental rights and freedoms. The Taliban justifies these measures by claiming adherence to Islamic Shari&s;a law. This chapter explores how the Loya Jirga, a historically significant decision-making body, can serve as a platform for addressing current issues related to women&s;s rights. By analysing its potential role, this chapter contributes to discussions on indigenous solutions to female rights. Through a qualitative and comparative analytical methodology, the study provides a robust framework for academic research, highlighting women&s;s issues under the ruling authorities and suggesting culturally sustainable and religiously aligned solutions. Furthermore, the chapter examines historical instances where the Loya Jirga has played a pivotal role in significant political and legal changes in Afghanistan, offering insights into its potential effectiveness in addressing the current crisis. This study explores how the Loya Jirga can effectively shape policy responses, contributing to the discussion on sustainable, community-driven solutions to the pressing women&s;s rights issues. The findings provide valuable perspectives for the Taliban regime, international actors, and policymakers on how indigenous culturally relevant strategies can promote gender equality in a restrictive environment.

Fields of Study & Subjects

Politics and Conflicts in Afghanistan Pakistan and Middle East Legal Health Environmental and COVID-19 Challenges Islamic Studies and History

Publication details

Pages
236–249
Publication date
7 January 2026
Language
EN
Document type
Book chapter