Restorative justice in Islamic criminal legal system
This paper discusses the concept of restorative justice in Islamic criminal law leased upon the Shari’ah. Many people have discussed about the punishments provided in the Qur’anic text and traditions of the Prophet S.A.W which is under the retributive justice and failed to highlight the existence...
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| Format: | Article |
| Language: | English |
| Published: |
2016
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| Online Access: | http://irep.iium.edu.my/52810/ http://irep.iium.edu.my/52810/ http://irep.iium.edu.my/52810/1/article%20on%20RJ%20Journal%20Islamic%20law%20Review%202016.pdf |
| Summary: | This paper discusses the concept of restorative justice in Islamic criminal law
leased upon the Shari’ah. Many people have discussed about the punishments
provided in the Qur’anic text and traditions of the Prophet S.A.W which is
under the retributive justice and failed to highlight the existence of restorative
justice in which shari’ah emphasized upon too. The concept of forgiveness is
one of issues to be discussed under the homicide and bodily injuries cases,
where the power to forgive is given to the family of the victim or to the victim
himself in forgiving the offender who have caused the injuries to the victim.
Justice in Islam is associated with taq’wa or piety to Allah. Sometimes by
forgiving the offender and giving him second chance is one step closer to
taq’wa. The purpose of punishment is not only to punish the offender
particularly but rather to restore peace in the community, physically and
spiritually. The implementation of Islamic criminal law is to protect the
individual living in a country and to encourage every person in the country
to help each other to becomea better person. This paper is to look into the
above aspects and highlight the possibilities to realize the concept in our legal
system. |
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