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Restorative Justice is a Theory Based on Repentance, Reconciliation, and Forgiveness

Decent Essays

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 …show more content…

The practices of compensation (diya), conciliation (sulh), pardon (afou), apology, community service, service for the benefit of the victim, warning, fining, probation, and reintegration are all forms of restorative mechanisms known today that have been embraced by Islamic law. Whatever the category of implications, most jurists agree that the final objective of punishments in Islam is to achieve a just society. Nonetheless, in the past quarter century, fundamentalist’s have interpreted Islam to justify implementing extreme penalties that often violate international human rights norms. And punishments set out in the Quran that are potentially restorative, have become retributive in the context of Afghanistan’s warring societies. Islam has been portrayed in the media as a savage system with incidents like the attempted murder of Malala Yousafzai and the hunting of writer Salman Rushdie. The Quran in fact cautions against relying on retaliatory measures:
“We ordained therein for them life for life, eye for eye, nose for nose, ear for ear, tooth for tooth and wounds for equal. Anyone remits the retaliation by way of charity; it is an act of atonement.” (Al-Maidah: 45)
Formal, informal and Taliban judicial systems have their roots in Shari’a Islam, which in its original form promotes islahi (reconciliation), forgiveness, and compassion; punishment is less important than healing

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