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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Main Author: Wan Muhammad, Ramizah
Format: Article
Language:English
Published: 2016
Subjects:
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
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spelling iium-528102016-11-24T08:03:50Z http://irep.iium.edu.my/52810/ Restorative justice in Islamic criminal legal system Wan Muhammad, Ramizah KBP Islamic Law KBP1 Islamic law.Shariah.Fiqh KBP469 Influence of other legal systems on Islamic law 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. 2016-12 Article PeerReviewed application/pdf en http://irep.iium.edu.my/52810/1/article%20on%20RJ%20Journal%20Islamic%20law%20Review%202016.pdf Wan Muhammad, Ramizah (2016) Restorative justice in Islamic criminal legal system. Journal of Islamic Law Review, 12 (2). pp. 191-213. ISSN 0973-2918 http://www.serialsjournals.com/articles.php?volumesno_id=1089&journals_id=272&volumes_id=900
repository_type Digital Repository
institution_category Local University
institution International Islamic University Malaysia
building IIUM Repository
collection Online Access
language English
topic KBP Islamic Law
KBP1 Islamic law.Shariah.Fiqh
KBP469 Influence of other legal systems on Islamic law
spellingShingle KBP Islamic Law
KBP1 Islamic law.Shariah.Fiqh
KBP469 Influence of other legal systems on Islamic law
Wan Muhammad, Ramizah
Restorative justice in Islamic criminal legal system
description 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.
format Article
author Wan Muhammad, Ramizah
author_facet Wan Muhammad, Ramizah
author_sort Wan Muhammad, Ramizah
title Restorative justice in Islamic criminal legal system
title_short Restorative justice in Islamic criminal legal system
title_full Restorative justice in Islamic criminal legal system
title_fullStr Restorative justice in Islamic criminal legal system
title_full_unstemmed Restorative justice in Islamic criminal legal system
title_sort restorative justice in islamic criminal legal system
publishDate 2016
url 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
first_indexed 2023-09-18T21:14:49Z
last_indexed 2023-09-18T21:14:49Z
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