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This is an archive article published on May 14, 2008

Courts may seek Islamic ‘guidance’, says Pak Govt

The decision marked a concession in peace talks aimed at ending conflict with Islamic militants along frontier with Afghanistan.

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Pakistan’s government has agreed to let judges consider advice from Islamic scholars in court cases in parts of the volatile tribal regions of the northwest, officials said.

The decision marked a concession in peace talks aimed at ending conflict with Islamic militants along the frontier with Afghanistan, in a new approach brought by the recently elected government led by parties opposed to US-backed President Pervez Musharraf.

Provincial officials negotiated with representatives of militant leader Maulana Fazlullah by appealing in part to popular frustration over failings in the justice system. The two groups agreed to regulations allowing Islamic law to play a role in the Malakand and Swat areas.

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The ruling did not specify the extent to which Islamic law would be promoted or required in courts, but officials said the major element was allowing Islamic scholars to offer guidance to judges.

“We are not introducing any new law,” said Afrasiab Khattak, a senior official of the province’s ruling Awami National Party. “These will be same courts like anywhere in Pakistan, headed by normal civil and district judges.”

The ruling is to be implemented next month, but ‘mechanics and other aspects’ will be discussed by legal experts later, said Wajid Ali Khan, a government official.

Suspected militants on Tuesday attacked a military post in a tribal area, killing one soldier. The Army, meanwhile, said troops would reopen roads to allow movement of civilians displaced by its operations in the South Waziristan tribal area.

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Peace talks last week with Fazlullah’s representatives yielded a cease-fire declaration, but other militant demands — such as the withdrawal of the Army and release of prisoners — were to be discussed further.

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