Forgiveness and restorative justice in Islam and the West: a comparative analysis
Restorative justice, as a viable alternative to retributive justice, emerged in the West during the 1970s and 1980s. It emphasises respect, dialogue, and collaborative decision-making. This study explains the principles of the restorative justice system and describes various Islamic principles an...
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| Format: | Article |
| Language: | English |
| Published: |
IAIS
2020
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| Subjects: | |
| Online Access: | http://irep.iium.edu.my/87727/1/87727_Forgiveness%20and%20restorative%20justice%20in%20Islam.pdf http://irep.iium.edu.my/87727/ |
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| Summary: | Restorative justice, as a viable alternative to retributive justice,
emerged in the West during the 1970s and 1980s. It emphasises respect,
dialogue, and collaborative decision-making. This study explains the principles
of the restorative justice system and describes various Islamic principles and
values akin to restorative justice. Such a study is warranted by the fact that the
compatibility of restorative justice with Islamic principles and values is underresearched in the social sciences and humanities. This study, based on primary
sources and case studies, found that Islam encourages amicable settlement
of disputes through mediation and arbitration while ensuring justice,
fairness, and equity in all situations. Similar to restorative justice, Islamic
principles emphasise respect, honour and dignity, and mutual obligations and
responsibilities in righting wrong. Prophet Muhammad (SAW) and his successors
applied these principles, and such a system continues to be practised in certain
small villages in contemporary Muslim societies. However, unlike Western
restorative justice, Islam places particular emphasis on forgiveness as a value,
thus limiting the cycle of retribution and retaliation detrimental to society.
Islam considers forgiveness as a great virtue that brings forth gratitude, heals
broken relationships, and establishes peace at individual and social levels.
Islam aims at constructing a just society which empowers victims, offenders,
and the community. Unlike the Western concept of restorative justice, the
shariah incorporates elements of restorative justice with a heavy emphasis on
forgiveness, with or without an apology |
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