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Restorative justice in the Islamic penal law: A contribution to the global system

May 14, 2012

As to Islamic law, the paper relies on classical jurisprudence in order to assess whether a restorative theory has been known in the early centuries of Islamic legal scholarship. It does not depend on restorative-like practices in Islamic states at the present time (Rahami, 2007); because criminal law applicable in most of these countries is either Western-imported law or tribal law that does not necessarily relate to Islam. 

Besides this introduction and the conclusion, the paper is divided into two parts. The first addresses the major, or macro, rules embedded in Islamic jurisprudence that might be considered as restorative practices: compensation, conciliation and pardon. 

The following part highlights a number of detailed, or micro, measures that had been set out by Muslim scholars that can be placed within the scope of restorative proper in one way or another. 

The conclusion would clarify where restorative justice theory stands within the Islamic penal law and assess the extent to which Islamic law differs or resembles modern restorative justice trends of various systems worldwide. 

Read the whole article.


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