Restorative Justice is a theory of justice that seeks to develop community-based responses to crime and violence by using dialogue and peace building to heal victims and bolster social harmony. It relies on the basic principles of repentance, reconciliation, and forgiveness. These principles, which are central to Islam, help mediate primarily between the criminal justice systems and multi-religious pluralistic societies.
Islam is based on two primary sources of law − the Quran and the Sunna. The Quran is restorative in its essence and the Sunna too has restorative elements. A few instances of this can be observed from the following verses in the Quran, which relate to human nature and society:
“If you stretch your hand against me, to slay me, it is not for me to stretch my hand against thee: for I do fear Allah, God of the Universe.” (al-Maidah: 28)
“The recompense for an injury is an injury equal thereto (in degree); but if a person forgives and makes reconciliation, his reward is due from Allah.” (al-Shura:40)
The Sunna’srestorative measures can be observed from the word of the Prophet, “By the One [God] in whose hands is my soul! A servant does not believe until he/she loves for others what he/she loves for himself/herself.” The Medina Charter too, as evidence of the Prophet’s preference for reconciliatory measures lays out that achieving justice through communal action based on law, not military action is favored.
Under Islam, different categories of crimes indicate different levels of infringed rights; God’s rights (public), or individual rights (private). Various levels of judicial discretion in implementing punishments accompany these crimes and punishments present a range of punitive, compensatory and reconciliatory mea...
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...orative nature however, decisions of these male dominated informal mechanisms can be contrary to Afghan law, international law and may reinforce community inequities or power imbalances. For instance these mechanisms often instill practices like honor-killings, forced and underage marriage, and payment of blood money in lieu of punishment.
Elements of a restorative approach to justice already exist in Islam at both the theoretical and practical level. By evaluating how formal, informal and Taliban mechanisms interpret Shari’a, separating out influences of ethnic traditions and customs, will lead to identifying a common thread of Shari’a that could potentially be applied and acceptable to Afghans across the country. This interpretation will be one that is not only of a restorative nature but is also in line with Afghan national laws and international commitments.
“Restorative justice is a process whereby parties with a stake in a specific offence collectively resolve how to deal with the aftermath of the offence and its implications for the future” (Munchie, 2004).
The purpose of this paper is to examine the processes of both Restorative and Retributive justice through the case of Sara Kruzan vs. The State of California. First we will establish the principle philosophers associated with each type of justice and those system's theoretical applications in our criminal justice system. Then we will apply both systems to Sara Kruzan's trail and determine the publishable outcomes. Finally we will review Sara's Life after her trial and speculate on what system would have produced a more just outcome.
At some moments justice and forgiveness are different also but for the most part they are
In the early 6th century, Muhammad introduced Islam into the Arab world, and asserted that there was only one true God. Islam demanded that believers obey God’s will and laws (Islamic Law, web). By introducing Isla...
In Stephen Chapman’s essay, “The Prisoner’s Dilemma”, he questions whether the Western world’s idea of punishment for criminals is as humane as its citizens would like to believe or would Westerners be better off adopting the Eastern Islamic laws for crime and punishment. The author believes that the current prison systems in the Western world are not working for many reasons and introduces the idea of following the Koranic laws. Chapman’s “The Prisoner’s Dilemma” is persuasive because of his supporting evidence on the negative inhumane impact from the Western form of criminal punishment and his strong influential testament to the actions used by Eastern Islamic societies for crimes committed.
“Restorative justice is an approach to crime and other wrongdoings that focuses on repairing harm and encouraging responsibility and involvement of the parties impacted by the wrong.” This quote comes from a leading restorative justice scholar named Howard Zehr. The process of restorative justice necessitates a shift in responsibility for addressing crime. In a restorative justice process, the citizens who have been affected by a crime must take an active role in addressing that crime. Although law professionals may have secondary roles in facilitating the restorative justice process, it is the citizens who must take up the majority of the responsibility in healing the pains caused by crime. Restorative justice is a very broad subject and has many other topics inside of it. The main goal of the restorative justice system is to focus on the needs of the victims, the offenders, and the community, and focus
Restorative justice is defined as “using humanistic, no punitive strategies to right wrongs and restore social harmony” (Siegel, 2008, p. 189). Instead of imposing harsh penalties on offenders like long prison sentences or even the death penalty, restorative justice calls for a more rehabilitative approach, such as reconciliation and offender assistance.
When compared to each-other, each of the religion’s approach to justice and forgiveness is remarkably similar. Although the customs and standards may vary widely, and in fact vary even within different sects of each religion, justice and forgiveness operate on largely the same principle: man’s nature is to act against God’s justice, but man is capable of repairing his relationship with God through the process of forgiveness.
Restorative justice is an alternative community based program for juvenile offenders. Instead of sending juvenile offenders to jail or punishing them, they are taught
Agreeing on a definition of restorative justice has proved difficult. One definition is a theory of justice that focuses mostly on repairing the harm caused by criminal behaviour. The reparation is done through a cooperative process that includes all the stakeholders. Restorative justice can also be explained as an approach of justice that aims to satisfy the needs of the victims and offenders, as well as the entire community. The most broadly accepted definition for restorative justice, however, is a process whereby all the parties that have a stake in a specific offence collectively resolve on how to deal with the aftermath. This process is largely focused around reparation, reintegration and participation of victims. That is to say, it is a victim-centred approach to criminal justice, and it perceives crime differently than the adversarial system of justice.
...the Arabian Peninsula worshiped symbols. These tribes habitually battled with each other. Every tribe had its own traditions representing marriage, hospitality, and vengeance. Unlawful acts against persons were answered with personal retaliation or were at times determined by a judge. Muhammad brought another religion into this riotous Arab world. Islam insisted that only one true God was present. It requested that adherents comply with God's will and laws. The Koran sets down fundamental gauges of human behavior, yet does not give a definite law code; it consists of a few verses dealing with arrangement with legal matters. Throughout his lifetime, Muhammad helped clear up the law by deciphering procurements in the Koran and going about as a judge in legitimate cases. Along these lines, Islamic law, the Sharia, turned into an important part of the Muslim religion.
There are three primary principles of effective intervention. First, interventions should target the criminogenic risk factors of the offender (Cullen & Jonson, 2017). Logically, if an intervention is to impact recidivism it needs to address the factors that contributed to the criminality. For example, if an offender is someone who has antisocial associates. Then, one goal would be for them to associate with more prosocial, law-abiding people who can help them stay on track with. Therefore, the intervention targets dynamic rather than static, unchangeable factors (Cullen & Jonson, 2017).
When Mary Catherine Parris was told that I would be talking to her about restorative justice, her response was, “Is that a real thing?” (personal communication, September 23, 2015). Through this assignment I realized that restorative justice is not talked about within the criminal justice system. For both of the individuals I spoke with, the idea of restorative justice seemed like a joke. In trying to persuade them both that restorative justice is a real thing, I was met with very similar beliefs and comments from both individuals. They both believed that restorative justice would not work and believed that some aspects of the approach were completely useless (M. C. Parris, & R. Clemones, personal communication, September 23, 2015). The responses
As the purpose of restorative justice is to mend the very relationship between the victim, offender, and society, communities that embrace restorative justice foster an awareness on how the act has harmed others. Braithwaite (1989) notes that by rejecting only the criminal act and not the offender, restorative justice allows for a closer empathetic relationship between the offender, victims, and community. By acknowledging the intrinsic worth of the offender and their ability to contribute back to the community, restorative justice shows how all individuals are capable of being useful despite criminal acts previous. This encourages offenders to safely reintegrate into society, as they are encouraged to rejoin and find rapport with the community through their emotions and
In this book , Esposito provides a succinct, up-to-date survey of the Islamic experience, an introduction to the faith, belief, and practice of Islam from its origins to its contemporary resurgence. He traces the emergence and development of this dynamic faith and its impact on world history and politics. He discusses the formation of Islamic belief and practice (law, theology, philosophy, and mysticism), chronicling the struggle of Muslims to define and adhere to their Islamic way of life. Equally important is the essential information Esposito provides on the contemporary world of Islam, from Muslim responses to the challenges of colonialism and modernization to the reassertion of Islam in politics and society.