شیرانی قوم کے باہمی تنازعات میں مروجہ قانون ضمانت: شریعت اسلامی کی روشنی میں

The Concept of Bail in Sherani Tribal Disputes: A Study in the Light of Islamic Shariah

Abstract

The Sherani tribe, known for its distinct socio-cultural identity, follows traditional conflict resolution mechanisms deeply rooted in customary laws, particularly the concept of Zamanat (guarantee/bail) in dispute settlements. While these practices have been effective in maintaining tribal harmony, they raise significant questions when analyzed under the framework of Islamic Shariah. This study examines the Sherani tribe's customary laws of Zamanat in resolving internal disputes and evaluates their compatibility with Islamic jurisprudence. The research highlights the principles of justice, equity, and reconciliation in Islamic law and compares them with the tribal approach to conflict resolution. The findings suggest that while some aspects of the Sherani system align with Islamic injunctions on arbitration and dispute resolution, certain customary practices may require reform to ensure full compliance with Shariah principles. The study also explores potential recommendations for harmonizing tribal customs with Islamic legal provisions, thereby fostering a just and Shariah-compliant dispute resolution mechanism. This research contributes to the broader discourse on integrating customary laws with Islamic jurisprudence to ensure both social cohesion and adherence to divine injunctions.