Ashley Jackson

Quick thread on the #Taliban judiciary paper (https://www.odi.org/sites/odi.org.uk/files/resource-documents/taliban_justice_briefing_note_web_final.pdf …) authored by @a_a_jackson & @florian_weigand. Paper is very short & to the point. Thread is for those too lazy to read it!https://twitter.com/a_a_jackson/status/1259837867167297537 …

Ashley has added some important thoughts in her thread My thread, on other hand, summarises the report, add my own thoughts and adds some thoughts to some of her questions. So let's dive in.

Understanding Taliban judiciary is a crucial yet much understudied topic. If filling the security gap was the main reason TB succeeded in 1990s, then providing an effective judiciary is what legitimised TB in the post-2001 period.

TB strategy post-2001 had been quite simple. Prevent govt institutions from building in as many places as possible. Then, they realised there was an opportunity to build localised dispute settlement mechanisms in lieu of govt to fill these gaps and legitimise their presence.

So why has TB courts proven so successful? Report provides 4 main reasons: 1. Relative accessibilty 2. Relative speed 3. Perceived fairness 4. Religious aura and legitimacy

1. Accessibility: Courts are generally in local vicinity, processes are simply and easy to understand. Pertinent to point out, Hanafi fiqh is widely understood across the country and if you have doubt, just ask your local mullah to confirm if it is according to school of thought