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Does Lack of Legislative Reforms Lead to Practices Like Women as Compensation in Pakhtoon Culture?

Fazal Hanan, Mussawar Shah, Bushra Shafi & Abasullah Jan

Abstract
The present study was aimed at discovering the hidden facts causing the women as
compensation practices in pukhtoon culture in Disttswat, Kohistan.A sample size of 205
respondents out of 369 were randomly through proportional allocation procedure. A
conceptual frame work comprised of one independent variables i.e legislative failure and
dependent variable women as compensation with education, family type and income as
controlled variables was chalked out. The collected data was analyzed through simple
frequency distribution, bi-variate and multi-variate respectively. Moreover, reliability
analysis was carried out and reliability coefficient was declared as 0.74. Association of
dispute resolution through formal law, use of formal law for social control, were found
positive and significant with women as compensation. A complete synergy was found
between legislative failure and women as compensation for literate and illiterate while
controlling literacy in the form of non-spurious in relationship at bi-variate level. Moreover,
while controlling family type a non-spurious result were discovered between legislative
failure and women as compensation in the joint family system quick disposition of justice
through formal courts through structural and functional synergy and declaring Swara as
cultural taboo while relying on formal court and allied departments like police and other law
enforcing departments were some of the policy recommendation in light of the study.

Keywords: Legislative Failure, Women as Compensation, Dispute Settlement, Blood, Honor and property