Subject

Introduction The paper below considers a brief analysis about the customary laws in Pakistan. It is a short view regarding history and changes in legal system of Pakistani. According to Salmond Customary laws means any rule of action which is actually observed by men-any rule which is the expression of some actually uniformity of some voluntary action Customary laws come into existence due to many reasons. When some sort of action gets general approval and observed for a long time by specific locality it become a custom some Jews considered customs as a laws but other jurist belong historical school considered custom as a source of law but not law itself another reasons for custom come into existences that public conveniences and if recognized by the state it includes in this civil law of the state. Main issues. Jirga or Arbitration.. After independence of Pakistan there has been adopted British legal system and the jurisdiction of that system spread to whole Pakistan .Pakistan a country where the different kinds localities is exists but the two kinds of systems known very well which follows the customs as laws. One belongs to tribals areas which system known as Jirga system and other is arbitration system. Jirga system mostly followed in tribals area of north Pakistan and some area of Balochistan and the arbitration followed in Punjab locality. historically custom was only sources of law in such system there was no other alternative to perfume the function and maintain role of law but with the passage of time the importance of customs begin to decline the decisions of the judgment of the courts superseded the customs which previously exercised in these specific localities and the Jirga system still affected to some extent. The second main issues which covered the customs by the legislation the law making authorities recognized and make the laws the replacement of those customs which were the public good there so the arbitration become figurehead institution and the most of the customs become the part of the law land it is a very dynamic period and customs cannot cover the aspect of human life and does not meet with the changing because 10 years ago such custom exist cannot apply today modern societies of Pakistan cannot wait for those custom so custom has recognized as a element of public good which is continuously practices and their so considered as a source of law but it has lose its previous position and importance and the todays Tribal man also looking towards the legislature and demand substantive law for tribal society.

Conclusion According to my opinion it is necessity of and demands of today that to make the legal system for justice along country in same manner because the tribal or arbitration system become ineffective today and cannot mention rule of law and country. the rural areas need most formal laws for development and customs which means public good pratics for locality must recognized as a law by legislature. Customary laws contributed as arbitration among the people in history but modern Pakistan need more laws than rigid custom. The vital part and object of the custom to provide arbitration among the people for settlement of the civil private matters but today the codified law provide rights and remedies for the people in case of any violation of right but a custom cannot recognized right of people in rural area as such recognized in legislation so I suggest that there must be a single law then any customary law for the whole country to provide justice and maintain rule of law in Pakistani society.