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Forgiveness and Restorative Justice in Islam and the West: A Comparative Analysis

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Abstract

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 under-researched 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.
Islam and Civilisational Renewal
Volume 7 • Number 2• April 2016
Islam and Civilisational Renewal
A journal devoted to contemporary issues and policy research
Volume 7 • Number 2 • April 2016
Produced and distributed by
In this Issue
ISSN 1394-0937KDN No. PP 16237/08/2012(030866)
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Islam and Civilisational Renewal
Volume 11 • Number 1 • June 2020
Islam and Civilisational Renewal
A journal devoted to contemporary issues and policy research
Volume 11 • Number 2 • December 2020
Produced and distributed by
In this Issue
ISSN 2041-871X (Print) / 2041-8728 (Online) KDN No. PP 16237/08/2012(030866)
Exploring the Significance of Some Cultural and Religious Factors in
Domestic Violence Among Muslim Immigrant Australians
Daud Abdul-Fattah Batchelor
The Role of Shariah in the Judicial System of Afghanistan
Lutforahman Saeed
The Expanded Usul of Violence by ISIS, Al-Qaeda, and Other Similar
Extremist Groups
Omar Suleiman and Elmira Akhmetova
Jamaat-e-Islami and Tabligh Jamaat: A Comparative Study of
Islamic Revivalist Movements
Jan A Ali and Faroque Amin
Gender Issues and the Search for a Hadith: A Journey in Scholarly
Due Diligence
Mohammad Omar Farooq
The Ashari Theological School and The Authority of Human Reason
in Ethics
Javad Fakhkhar Toosi
Challenges Facing Female Muslim Medical Practitioners (FMMP) in
the University College Hospital (UCH), Ibadan, Nigeria
Muritala Kewuyemi Kareem and Jamilah Adenike Adeogun
Viewpoints
Significant Speeches, Events and Developments
Book Review
ISLAM AND CIVILISATIONAL RENEWAL
EDITOR-IN-CHIEF
Professor Mohammad Hashim Kamali
EDITORIAL TEAM
Dr Mohamed Azam Mohamed Adil Dr Alexander Wain
M. Fakhrurrazi Ahmad Wan Naim Wan Mansor Norliza Saleh Siti Mar’iyah Chu Abdullah
REGIONAL EDITORS
Americas: Dr Eric Winkel Africa & Middle East: Mahmoud Youness
Asia: Dr Syed Farid Alatas Europe: Dr A al-Akiti Australasia: Dr. Daud Batchelor
ADVISORY BOARD
Dr AbdulHamid A. AbuSulayman,
International Institute of Islamic
Thought
Professor Rüdiger Wolfrum,
Max Planck Foundation,
Germany
Professor Azyumardi Azra,
State Islamic University Jakarta
Professor David Burrell CSC,
University of Notre Dame
Dr Mustafa Cerić,
Former Grand Mufti of Bosnia-
Herzegovina
Professor Hans Daiber,
Johann Wolfgang Goethe
Universität
Ahmet Davutoğlu,
Former Prime Minister of Turkey
Professor W. Cole Durham, Jr
Brigham Young University
Professor Abdal Hakim Murad,
University of Cambridge
Professor Carl W. Ernst,
University of North Carolina
Professor John Esposito,
Georgetown University
Professor Silvio Ferrari,
Università degli Studi
HRH Prince Ghazi bin Muhammad,
Jordan
Professor Claude Gilliot,
Aix-Marseille Université
Professor Ekmeleddin İhsanoğlu,
Organisation of Islamic
Cooperation
Professor Yasushi Kosugi,
Ritsumeikan University
Emeritus Professor Hermann
Landolt, McGill University
Professor Muhammad Khalid
Masud, International Islamic
University Islamabad
Professor Ingrid Mattson,
University of Western Ontario
Professor Abbas Mirakhor,
Retired Professor of Economics
and Finance
Dr Chandra Muzaffar,
International Movement for a
Just World
Professor Seyyed Hossein Nasr,
George Washington University
Professor Tariq Ramadan,
Oxford University
Professor Mathias Rohe,
Friedrich-Alexander-Universität
Professor Abdullah Saeed,
University of Melbourne
Professor Miroslav Volf,
Yale University
Professor Tore Lindholm,
University of Oslo
AIMS AND SCOPE
· Islam and CIvIlIsatIonal Renewal (ICR) offers an international platform for awakening the civilisational potential of
the Islamic legacy. Revitalising synergies between Islamic and other civilisations in a spirit of self enrichment through
discovery and research may facilitate renewal within Muslim societies and the global human community.
· ICR explores contemporary dynamics of Islamic experience in legal and religious practice, education and science,
economic and nancial institutions.
· We seek viable policy-relevant research yielding pragmatic outcomes informed by the best values and teachings of Islam
as well as of other contemporary civilisations.
· ICR is inter-disciplinary, non-political and non-sectarian. It seeks to contribute to prospects of peace among all nations,
and assist the conceptual and societal transformation of Muslims.
· ICR encourages fresh discourse for self renewal informed by an inclusive tolerant approach to diverse schools of
thought and expression of ideas. The intent is to integrate over 1,400 years of Islam’s civilisational resources of diversity,
dialogue and coexistence for meaningful exchanges with other world civilisations.
· ICR promotes the Malaysian initiative of Tajdīd Haḍārī or Civilisational Renewal, with its component principles: 1.
Faith, Ethics & Spirituality, 2. Just Governance, 3. Independence & Self-Determination, 4. Mastery of Knowledge &
Science, 5. Islamic Economics & Finance, 6. Human Dignity & Ecological Wellbeing, 7. Cultural & Aesthetic Integrity,
8. Equity & Fraternity, 9. Diversity & Dialogue, 10. Peace & Security.
· ICR considers plagiarism a serious violation of its objectives and principles.
- This journal is indexed by Google Scholar and Mycite.
CONTRIBUTIONS AND EDITORIAL CORRESPONDENCE
Comments, suggestions and requests to: journals@iais.org.my
Online journal: icrjournal.org
Published by IAIS Malaysia, P.O Box 12303, Pejabat Pos Besar, 50774, Kuala Lumpur
Ofce Address: Jalan Ilmu, Off Jalan Universiti, 59100 Kuala Lumpur
Printed by Vinlin Press Sdn Bhd, Jalan Meranti Permai 1, Meranti Permai Industrial Park, 47100 Puchong, Selangor
CONTENTS
189–192
193–203
204–224
225–251
252–276
277–297
298–324
325–336
337–340
Editorial
Mohammad Hashim Kamali
Articles
Development of the Implementation of Hudud in Brunei
Tun Abdul Hamid Mohamad
A Quantitative Study of the Role Shariah Boards and Bank Ownership
Structures Play in Enhancing the Financial Performance of Islamic Banks:
A Case Study of Pakistan
Qaiser Abbas, Sheila Ainon Yussof and M Naeem Anjum
Strengthening Indonesiaʼs Islamic Financial Inclusion: An Analytic
Network Process Approach
Mohammad Mahbubi Ali, Abrista Devi, Hamzah Bustomi, Hafas Furqani
and Muhammad Rizky Prima Sakti
Determinants of Corporate Waqf Contribution from the Perspective of
Muslims in Malaysia
Muhammad Fakhrurrazi Ahmad
Forgiveness and Restorative Justice in Islam and the West: A Comparative
Analysis
Ramizah Wan Muhammad
Industrial Revolution 4.0: Risks, Sustainability, and Implications for OIC
States
Ildus Rafikov and Riaz Ansary
The Regulatory Challenges Facing Islamic Banking: An Empirical
Analysis from Ilorin, Nigeria
Hakeemat Ijaiya
Viewpoints
The Pandemic and Post-Lockdown Impact on Nature
Shahino Mah Abdullah
COVID-19: Reshaping the Future Direction of Islamic Finance
Mohammad Mahbubi Ali
341–344
186
Halal Park 2.0: Organising Halal Production and Supply Networks
Marco Tieman and Barbara Ruiz-Bejarano
345–349
Significant Speeches, Events and Developments
Webinar: Book Discussion: Maqasid al-Shariah: Antara Nas dan
Maslahah, Satu Pendekatan Sistem
(9 April 2020)
Apnizan Abdullah
350
Webinar: Pandemic and the Movement Control Order in the Islamic
History
(16 April 2020)
Mohammad Mahbubi Ali
351
Webinar: Contagious Disease: Islamic and Malaysian Perspectives
(23 April 2020)
Muhammad Fakhrurrazi Ahmad
351–352
Webinar: The Impact of COVID-19 Pandemic on Islamic Banking
(30 April 2020)
Mohammad Mahbubi Ali
352–353
Webinar: Kesan PKP Terhadap Kontrak Pekerjaan dan Perbankan
di Malaysia (Impact of the MCO on Work and Banking Contracts in
Malaysia)
(14 May 2020)
Apnizan Abdullah
353
Webinar: How Fintech Reshapes the Future of Islamic Finance Post
COVID-19
(4 June 2020)
Mohammad Mahbubi Ali
353–354
Webinar: The US Racial Unrest: Muslims, Social Justice, and Beyond
(9 June 2020)
Wan Naim Wan Mansor
354–355
Webinar: Health Security & Public Participation Post COVID-19
(17 June 2020)
Ahlis Fatoni
355
187
ICR 11.2 Produced and distributed by IAIS Malaysia
Webinar: COVID-19 from the Perspective of Islamic Theology and
Spirituality
(9 July 2020)
Muhammad Fakhrurrazi Ahmad
356
Forum: Rukun Negara: Revisiting Its Role, Pillars of National Unity
(IAIS Malaysia, 28 July 2020)
Wan Naim Wan Mansor
356–357
Online Research Camp for Academic and Policy Research
(11 August 2020)
Mohammad Mahbubi Ali
357–358
Kemerdekaan dan Aspirasi Belia Negara 2020: Hubungan Agama dan
Ideologi Negara di Nusantara: Generasi Muda Pewaris Legasi Tanah Air
(International Forum: Independence and National Youth Aspiration 2020:
The Relationship between Religion and National Ideology in the Nusantara:
The Younger Generation as Heirs to the Legacy of the Homeland)
(IAIS Malaysia, 27 August 2020)
Ahmad Badri Abdullah
358–359
Webinar: Managing Shariah Non-Compliant Risk in Financial Institutions
(3 September 2020)
Mohammad Mahbubi Ali
359
Forum: The ʻSocial Contractʼ and the Future of Nation-Building in Malaysia
(IAIS Malaysia, 17 September 2020)
Wan Naim Wan Mansor
359–360
Webinar: COVID-19: An Issue in Religion and Science
(22 October 2020)
Ahmad Badri Abdullah
360–361
Online Islamic Finance Talk Series: Sense and Sustainability: Islamic
Finance for a More Humanistic Economy
(26 October 2020)
Ahmad Badri Abdullah
361
188
ISLAM AND CIVILISATIONAL RENEWAL
Online Roundtable Discussion: The Role of Civil Societies and Faith-
based Organisations in Global Nuclear Disarmament
(12 November 2020)
Wan Naim Wan Mansor
362
Book Review
Syed Farid Alatas and Abdolreza Alami, The Civilisational and Cultural
Heritage of Iran and the Malay World: A Cultural Discourse
Alexander Wain
363–367
ICR 11.2 Produced and distributed by IAIS Malaysia
FORGIVENESS AND RESTORATIVE JUSTICE IN ISLAM
AND THE WEST: A COMPARATIVE ANALYSIS
Ramizah Wan Muhammad*
Abstract: 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 under-
researched 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.
Keywords: Restorative justice, Retributive justice, Islamic criminal law,
forgiveness, Qisas and ta'zir.
Introduction
“Restorative justice” emerged as an alternative to retributive justice during the
1970s and 1980s. Since then, the American Bar Association has encouraged
courts throughout the United States to adopt victim-offender mediation (VOM),
which is an empirically grounded form of restorative justice. Also, the Council
of Europe is supportive of the use of restorative justice in criminal matters,
278
ISLAM AND CIVILISATIONAL RENEWAL
and the United Nations has adopted a set of principles that encourage member
states to adopt restorative standards as part of international human rights law.1
Restorative justice holds offenders directly accountable to the people they have
violated.2 It aims to restore the losses—emotional as well as material—suffered
by victims through negotiation and problem-solving methods.3 Some scholars
tend to equate restorative justice with forgiveness, arguing that restoration of
losses may encourage the victim to forgive the offender.4 The system, however,
does not explicitly incorporate forgiveness. As Howard Zehr points out,
“Restorative justice is not primarily about forgiveness or reconciliation … it
does provide a context where this might happen.”5
Though not clearly spelt out, the concept of restoration is found in Islam,
as well as in many religious traditions, which inter-alia encourage forgiveness.
This study explains Islamic principles and values akin to restorative justice and
elaborates upon their meaning, which explicitly promotes forgiveness and the
conditions under which it might ourish. The study begins with a discussion
of the meaning and processes of restorative justice and the role of forgiveness
in such a system. This is followed by an elaborate examination of Islamic
principles and values promoting restorative justice, along with examples. This
paper argues that Islamic principles and values do promote restorative justice,
with or without repentance.
Restorative Justice and Forgiveness
Clifford Dorn dened restorative justice as “a philosophy of justice emphasising
the importance and interrelations between offender, victim, community, and
government in cases of crime and delinquency.”6 According to Howard Zehr,
who was the rst to articulate this theory, restorative justice is a process that
allows “those who have a stake in a specic offence to collectively identify and
address harms, needs and obligations in order to heal and put things as right as
possible.”7 It is “a process of bringing together the individuals who have been
affected by an offence and having them agree on how to repair the harm caused
by the crime....”8 It differs from a retributive justice system which is oriented
towards punishing the offender rather than restoring the balance between the
offender, victim, and others. In restorative justice, the goal of the process is
to redress victims, offenders, and communities in a way that all stakeholders
agree is just. The offender, instead of being incarcerated, is obliged to apologise
and compensate the victim before being reintegrated into the community.9 Those
with a stake in a particular offence will deal with the offence, its consequences,
and its future implications with the assistance of a facilitator. The restorative
process could be delivered through the adoption of “any form which reects
RAMIZAH WAN MUHAMMAD
279
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restorative values and which aims to achieve restorative processes, outcomes,
and objectives.”10 The important thing is that it must involve the victim, the
offender, and the community in a search for solutions which promote repair,
reconciliation, and reassurance.11 The offender could be ned, asked to provide
an apology and express regret, be placed on probation, be required to provide
services to the victim or to the community, or be just forgiven by the victim.
In the restorative process, parties other than the victim—the offender and
community representatives—are rarely present. Currently, such a process is
usually applied to juvenile offenders. In fact, restorative justice had its beginning
in North America during the mid-1970s in a case involving two young men
who vandalised a large number of properties in Elmira, Ontario.12 The case
took various forms of restorative justice, including, inter alia, compensation,
conciliation, and pardon.
The restorative justice system is characterised by certain underlying principles
or values that permeate the discourse. These principles “include an emphasis on
the interconnectedness of individuals and the community and respect for all
those affected by crime.”13 Interconnectivity refers to the belief that the wrong-
doer and victim live in the same community and are inter-connected. The respect
for those affected by the crime is shown by the inclusion of all stakeholders, the
victim, the offender, and the community in the restorative process. All three
parties are held accountable to each other. The offender is liable to give back in
a way prescribed by the victim and the community. The community helps the
offender to avoid committing any more crime and helps enforce any reparations
agreed upon by the victim. This process helps promote a safe community, the
development of competency, and accountability. Consequently, restorative
justice is occasionally referred to as “balanced justice” or “balanced restorative
justice.”
There are a number of practices associated with restorative justice. One
widely recognised example is victim-offender mediation (VOM), which tries to
balance the needs of both victims and offenders. With the assistance of trained
mediators, the victims and their offenders are brought together to discuss the
steps needed to make things right. Nearly 300 such programs exist throughout
the United States. Almost half of these programs deal with juveniles dealing
with offences such as vandalism, theft and burglary.14 There are also healing
circles (HC), rooted in the traditional sanctioning and healing practices of Native
American cultures. HC bring together not only the offender and victim, but also
their family members, community members, and government representatives in
a process of resolving harms that resulted from the offenderʼs conduct.15 There
are also victim assistance programs (VAP) that provide services to victims, and
ex-offender assistance programs (OAP) providing services to offenders while
they are in prison and on their release.
FORGIVENESS AND RESTORATIVE JUSTICE IN ISLAM AND THE WEST:
A COMPARATIVE ANALYSIS
280
ISLAM AND CIVILISATIONAL RENEWAL
Restorative justice recognises the contribution forgiveness can make to the
well-being of both victim and offender. According to Zehr:
Forgiveness is letting go of the power the offence and the offender
have over a person. It means no longer letting that offence and offender
dominate...Real forgiveness, then, is an act of empowerment and
healing. It allows one to move from victim to survivor.16
Trudy Govier argues that “The memories that accompany forgiveness will
be memories that exclude resentment and allow us to ʻlet goʼ while retaining the
knowledge that these things were done, and they were wrong.”17 Forgiveness,
among other things, makes it possible for victims to reassert their power over
their own lives. It is, as Martha Minow points out, “a way to choose to be different
from those perpetrators, to embrace a different set of values.”18
Forgiveness helps offended parties to experience gradual reductions in
bitterness and revenge motivations. To Luskin, “Forgiveness is the experience
of peacefulness in the present moment.”19 It draws out the sting, as Desmond
Tutu points out, in the memory that threatens to poison our entire existence.20
Studies have been conducted showing that forgiveness leads to victims feeling
an increased sense of security and less intense feelings of revenge against the
offender. Forgiveness also gives the offender an opportunity for reintegration
with those close to them. Therefore, some scholars emphasise the importance of
forgiveness to any lasting restorative process. Despite the recognition of its positive
contribution, forgiveness has not received prominence in the conceptualisation of
restorative justice, often being marginalised. This is due to several reasons. One,
forgiveness is probably the most difcult of all human virtues to practise. Two, it
is assumed that an emphasis on forgiveness may lead the victim to think that the
facilitators are minimising the signicance of the offence. Three, some even see
forgiveness as a sign of weakness, arguing that only those without the courage to
confront evil with force, as it ought to be confronted, forgive. Thus, forgiveness
is seen as the last resort of the weak, a refuge for those who have no resources
to do anything else. Mark Umbreit further spoke of the need to avoid talking
about forgiveness so that the victim does not see it as an imposition.21 There are
others who dispute the alleged benets of forgiveness. Fred Luskin summarises
the problem well:
Some of us confuse forgiveness with condoning unkind actions. There
are those who think that we forgive in order to repair the relationship
with the offender. Some of us are afraid to forgive because we think we
will not be able to seek justice. Some think that forgiveness has to be a
precursor to reconciliation. Some of us think that forgiveness means we
RAMIZAH WAN MUHAMMAD
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FORGIVENESS AND RESTORATIVE JUSTICE IN ISLAM AND THE WEST:
A COMPARATIVE ANALYSIS
forget what happened. Others of us think that because our religion says
we should forgive, we have to be able to. Each of these conceptions is
wrong.22
Islam and Restorative Justice Principles
Restorative justice is based on assumptions of interconnectedness between
individuals and the community, and of respect for all those affected by crime.
This interconnectedness obligates all parties involved in the crime to “right the
wrong,” i.e. to repair the harm done and restore justice to all parties involved.23
The Qurʼan refers to Muslims as “people united by faith”, expressed by the
word ummah: “This ummah of yours is a single ummah, and I am your Lord,
so worship me” (al-Anbiya’, 21:92). The word ummah occurs sixty-two times
in the Qurʼan. According to the Qurʼan, “the believers are but brothers, so make
reconciliation between your brothers and fear Allah that you may receive mercy”
(al-Hujurat, 49:10). The term brotherhood used in the Qurʼan is comprehensive;
it includes both men and women and imparts a sense of community, friendship,
and unity built upon common values. Muslims are enjoined to “hold rmly to the
rope of Allah all together and do not become divided” (Ali Imran, 3:103). They
are allies of one another. They should purify their hearts of all animosity and
hatred towards fellow believers (al-Hashr, 59:10). The Prophet (SAW) said: “Do
not hate each other, do not envy each other, do not turn away from each other, but
rather be servants of Allah as brothers. It is not lawful for a Muslim to boycott his
brother for more than three days.”24
Islam emphasises human dignity for all those affected by crime. Human
dignity (karamah) is a value that is pervasive in Islamic jurisprudence. Human
dignity refers to the “inviolability of the human person, recognition of a set of
rights and obligations, and guarantee of safe conduct by others, including the
society and state.”25 The Qurʼan extends an unqualied recognition of dignity
to all human beings irrespective of caste, colour, and creed. Sometimes it is
referred to as respect for persons, which is a natural and absolute right inherent
in every human person from the moment of birth. In Islam, the most deserving
of all respect is God, the Creator, Cherisher and Sustainer of the universe.
Obeying God, however, necessitates respecting the honour, reputation, and
privacy of others—which, in turn, means staying away from backbiting, lying,
slander, and gossip that will sow discord. The Qurʼan forbids these sins: “O you
who have believed! Avoid much suspicion, for some suspicions are sins. Do
not spy, nor should anyone backbite the other” (al-Hashr, 59:12). As Hashim
Kamali points out, the use of the term “human dignity” in Islamic discourse is
almost similar to the concept of human rights as used by Western scholars.26
282
ISLAM AND CIVILISATIONAL RENEWAL
Shariah, the Islamic legal system, protects human dignity and thus promotes a
just society.
Susan C. Hascall points out that “both restorative justice and Islamic criminal
jurisprudence emphasise the dignity of the individual, and support opportunities
for rehabilitation and healing for all parties.”27 However, they differ in terms of
their source. Human dignity, in Islam, is due to a personʼs status as khalifat Allah
(Allahʼs representative) on earth. It is divinely ordained. The Qurʼan makes an
explicit afrmation of human dignity: “We have bestowed dignity on the children
of Adam (laqad karramna bani Adama)…and conferred upon them special
favours above the greater part of Our creation” (al-Isra, 17:70). In the Western
conceptualisation of restorative justice, however, human dignity emerges from
the writings of classical philosophers reinforced by the Judeo-Christian belief
that Man is made in the image of God. Nevertheless, the goals of the restorative
justice movement and Islamic criminal law, in general, are the same: to create
a just society that respects the dignity of individuals and empowers victims,
offenders, and the community as a whole.
Like the concepts of ummah and human dignity, justice (ʿadl) is a central
theme in Islam. Muslims are required to stand rm for justice, even if doing so
is detrimental to their own interests.28 From the Qurʼanic standpoint, justice is
a supreme virtue which stands next, in order of priority, to tawhid (unity and
sovereignty of Allah). In the Qurʼan, “God commands justice and fair dealing...”
and warns believers not to let “the hatred of a people [swerve] you away from
justice” (al-Nahl, 16:90). In implementing justice, Muslims are required to follow
the standards and guidelines set by revelation. Justice requires the offender to take
personal responsibility for the offence committed. A personʼs actions should be
just, or “good”, in the sense that they are in line with Godʼs will as revealed in the
Qurʼan and Sunnah.
The Charter of Madinah, a formal agreement between the Muslims and
non-Muslims of that city, which was promulgated shortly after the migration
(hijrah) of Prophet (SAW) in 1AH/622CE, established an important precedent
of tolerance within the community and became the foundation of principles such
as legal equality, communal autonomy, and religious freedom.29 The Farewell
Sermon delivered by Prophet Muhammad (SAW) just before his death reinforced
the concept of peaceful coexistence and the principles of human dignity and
equality expressed in the Charter of Medina.
Restorative Justice in Islam
It is evident that the values emphasised in the restorative justice movement and
RAMIZAH WAN MUHAMMAD
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Islamic criminal law, in general, are similar. The aim of these values is to craft
a just society which empowers victims, offenders, and the community. Under
the shariah, crimes are classied into three broad categories: hudud (plural of
hadd, i.e. the “limit” set by God), qisas (just retaliation), and taʼzir (discretionary
punishment).
Hudud crimes are considered a violation of public order, i.e. of the fundamental
values of the community. These crimes offend God as they violate His hudud
(boundaries) and the punishment of these crimes is “the right of Allah,” or haqq
Allah.30 The hadd crimes include adultery (zina), theft (sariqah), terrorism
(hirabah), false accusation of adultery (qazf), alcohol consumption (shurb al-
khamr), rebellion (baghyu) and apostasy (riddah). The punishments for these
crimes are found in the Qurʼan and range from applying lashes to amputation and
execution. The punishment system is comparable to the determinate sentence
imposed by some judges in the United States.
In general, these punishments cannot be pardoned by the victim or by the state.
However, no punishment is to be meted out if there exists any doubt concerning
the offence committed. This is based on Prophet Muhammadʼs (SAW) advice to
exclude hudud in case of doubts. Thus, in case of doubts, it would be advisable
to resort to other alternatives, such as pardon, conciliation, compensation, nes,
warning, etc. This is where restorative processes could step in. Scholars are of
the opinion that with regard to the offence of qazf, the parties should resort to
conciliation and settlement before reaching the authorities. Some scholars advise
that crimes such as qazf and sariqah should be settled amicably before reaching
the court.
The Qurʼan prescribes legal retribution for murder - “the free for the free, the
slave for the slave, and the female for the female” (al-Baqarah, 2:178). Qisas
crimes, according to Cherif Bassiouni, fall into two categories: intentional and
unintentional homicides (i.e. murder, voluntary and involuntary homicides, or
manslaughter) and intentional and unintentional physical injury.31 Qisas crimes
are considered as harm against the individual and society. Retaliation for murder
is prescribed in the Qurʼan, but:
If something of a murdererʼs guilt is remitted by his brother, this should
be adhered to in fairness, and payment be made in a goodly manner.
This is an alleviation and a mercy from your Lord; and for him who
commits excess after that, there is a painful chastisement. (al-Baqarah,
2:178)
Thus, the victim or his next of kin may waive retaliation by accepting nancial
compensation (diya) or by forgoing the right altogether.
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Taʿzir crimes are recognised in the Qurʼan and Sunnah but no punishment is
specied in either of the divine sources. Taʼzir crimes include embezzlement,
perjury, sodomy, usury, breach of trust, abuse, and bribery. Public authorities,
the ruler, or a judge are at liberty, within the spirit of the shariah, to punish such
acts. Since the punishment for taʼzir crimes is human-made, they permit the
implementation of restorative justice with little resistance.32
Noticeably, the Qurʼan prescribes a range of options; including reconciliation,
compensation, and pardon, when dealing with offenders of taʼzir crimes. In sulh
(conciliation), victims and offenders arrange a mutual agreement so that the case
is solved amicably. The Qurʼan, in many verses, encourages family members to
show mercy and forgo the qisas penalty. The term sulh is used thirteen times in
the Qurʼan, with one verse categorically stating that “reconciliation is the best”
(al-Nisa’, 4:178). People in conict are called upon to resolve their tensions
through arbitration and amicable settlement: “If two parties of the believers
happen to ght, make peace between them with justice” (al-Hujurat, 49:9).
Prophet Muhammad (SAW) reportedly insisted on conciliation as it was more
rewarding than praying and offering charity. Muslims throughout history have
resorted to conciliation for the purpose of restoring peace and love. Judges are
required to consider conciliation before entering into the merits of civil or criminal
cases. Conciliation is a “contract based on consent for the purpose of settling
disputes pacically.”33 Its objective is to “end conict and friction.”34 Conciliation
is analogous to arbitration. Conciliation is conditional upon the approval of the
victim or the consent of his or her family members.
A number of scholars suggest that community notables should assume the role
of mediator and conciliate between offenders and victims on a voluntary basis.
These notables may even donate money collected from various organisations
to the victims on behalf of the offenders as an assurance for such settlement.
The suggested role of these notables is similar to the role carried out by non-
governmental organisations and activists who dedicate themselves to restorative
justice actions.35 Conciliation aims at ending conict and reaching a pacic
settlement and may involve an agreement between parties by which the offender
partially compensates the victim, or his or her family. Conciliation is encouraged
in Islam as it stands mid-way between systematic retaliation and pardon.
Restorative justice has not been fully integrated into the criminal justice
process in any Muslim majority state. However, there are some states where
restorative-style processes are used. For example, in Bangladesh there are
several ordinances like the Muslim Family Laws Ordinance (1961), the Village
Court Ordinance (1976) and the Conciliation of Disputes Ordinance (1979),
that outline processes to resolve civil disputes and other minor offences through
an informal dispute resolution practice known as shalish. In Pakistan and
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Afghanistan, attempts have been made to integrate restorative principles into
community justice through the local jirgas–tribal assemblies of elders which
make decisions through reconciliation committees.36 Turkey enacted the new
Code of Criminal Procedure in 2005 to integrate victim-offender mediation into
the Turkish criminal justice process. In Malaysia, institutions such as the Legal
Aid Department, administrative tribunals, and corporate bodies recognise the
benets of mediation as a means of resolving disputes. The Malaysian Mediation
Centre (MMC), established under the auspices of the Bar Council, provides a
proper avenue for dispute resolution through mediation. Similar functions are
performed by the Kula Lumpur Regional Centre for Arbitration and the Legal
Aid Department. The Syariah Court Civil Procedure (Federal Territories) Act
1998 introduced a sulh mechanism for dispute resolution. Sulh proceedings are
conducted in a Majlis Sulh in the presence of the affected parties and chaired by
a sulh ofcer whose role is to assist in reaching an amicable settlement.37
Forgiveness, Islam and Restorative Justice
In Islamic criminal law, forgiveness is strongly emphasised. Victims are encouraged
to forgive the offender and exercise mercy in the context of qisas and taʿzir
crimes. Imam ʿAbd al-Hamid al-Ghazali (450-505AH/1058-1111CE) denes
forgiveness as an abdication of someoneʼs right to punishment without resentment
and with contentment.38 Ibn al-Qayyim al-Jawziyyah (691-751AH/1292-1350CE)
maintains that forgiveness is the act of relinquishing the right of avenging with the
feelings of ihsan and generosity.39 The Qurʼan and Hadith encourage believers to
forgive because it reects a higher virtue. There are several terms that relate to the
concept of forgiveness, such as ʿafw, safhu and ghafara. The term ʿafw means to
pardon, to excuse a fault, waive a punishment, or amnesty.40 Safhu means to turn
away from a sin or a misdeed.41 Ghafara or maghrah means to cover, to forgive,
and to remit.42 These terms repeatedly appear in the Qurʼan. Thus, ʿafw appears
35 times, safhu 8 times, and ghafara 234 times. Most of these verses refer to Allah
as forgiving. Others exhort human beings to forgive in order to earn rewards from
Allah and to be righteous. The Qurʼan declares, “The reward of the evil is the evil
thereof, but whosoever forgives and makes amends, his reward is upon Allah.”43
According to Abul Kalam Azad:
The scope of Divine forgiveness, as depicted by the Qurʼan, is vast and
unlimited. However serious the sin committed, whatever the nature of
oneʼs wickedness and whatever the period in which one has lived in
sin, the moment one feels repentant and sincerely knocks at the door of
mercy, the response is forgiveness.44
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As stated earlier, the Western literature dealing with restorative justice does not
consider forgiveness as a necessary step in achieving reconciliation. Forgiveness
is neither an expectation nor a goal of restorative justice. Nevertheless, some
scholars include forgiveness as a component of the process, even though others
emphasise the pragmatic (instrumental, strategic, etc.) nature of reconciliation in
which forgiveness is not a necessary component. There are some who believe that
forgiveness may help pave the way for building relationships between conicting
parties, but argue that it would be presumptuous for anyone to expect a victim
to forgive the offender. It is wonderful if forgiveness takes place, but it is not
a necessary outcome of restorative justice. Tim and Alice Chapman point out:
“There have been over 17,000 youth conferences since 2003. Yet over the past 12
years, practitioners or researchers have very rarely mentioned forgiveness when
discussing restorative justice in Northern Ireland.”45
Forgiveness has often been regarded as a sign of weakness. It is argued that
a strong person should make the other party pay for his/her misdeeds and then
forgive. Institutional and ethnic identities in society regard revenge as a sign of
strength. This weakens the will to coexist and renders it difcult to make amends.
Contrary to these arguments, in Islam, forgiveness is considered a strength, which
is why so many Muslims struggle to fully embrace it. Forgiveness demonstrates
courage, integrity and trust, all of which assist in building collaboration and
connections. Forgiveness is a noble virtue reserved not for the few but a quality
to be cultivated by each individual as it benets the well-being of all concerned.
Forgiveness promotes the notion of justice, which, according to the Qurʼan, “is
next to piety.” Forgiveness also contributes to the upliftment of just individuals
and societies. The Qurʼan points out that evil can be prevented by virtue, that
rage should be met with patience, ignorance with knowledge, and offences with
forgiveness. Through forgiveness, humans earn mercy and forgiveness from
Allah and the friendship of those who have wronged them. This ensures peace and
tranquillity in the family and in society. Forgiveness also helps the reinstatement
of the offender as a moral citizen and facilitates the offender's reintegration into
the community.
In Islam, forgiveness is consistently presented as part of human morality
(akhlaq al-nas). Islam provides believers with the choice to forgive, encouraging
forgiveness over revenge. It is a higher virtue to forgive even if the appropriate
response to a crime would be an equivalent retaliation. According to the Qurʼan,
the believers “when they are angry, they forgive” and that “the rewards for
forgiveness and restitution are given by Allah” (al-Shura, 42:40). The Qurʼan, in
al-Baqarah, verse 2, reminds believers that “To speak a kind word and to forgive
peopleʼs faults is better than charity followed by hurt.” Forgiveness of others
allows people to seek forgiveness for their own wrong-doing in the afterlife and
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also improves relationships with people. The victim has the authority to forgive
the offender and decline the right of punishment. Such a decision is virtuous and
can restore and build relationships.
Forgiveness is also related to justice (ʿadl), which is paramount in Islam.
Arguably, the retributive system is a punitive form of justice that focuses on
punishments in proportion to the crime committed. However, such retributive
measures may often exceed what was due, which in turn may lead to an escalation
of violence. The Qurʼan, therefore, reafrmed “the law of equality… in cases of
murder” but suggests an alternative to retribution: “But if any remission is made
by the brother of the slain, then grant any reasonable demand, and compensate
him with handsome gratitude….” (al-Baqarah, 2:178-179). Thus, the suggested
alternative is to accept blood money as compensation and offer forgiveness. As
suggested by Sachedina, “the alternative to retributive justice assumes that no
peace can result from retaliatory measures until forgiveness enters to provide the
healing process needed to restore human relationships.”46 It is clear, therefore,
that the Islamic conception of justice is closer to what is known as restorative
justice. This is a form of justice that undertakes the “restoration to wholeness of
those whose lives and relationships [that] have been broken or deeply strained
by a criminal offence.…”47 The Qurʼan, in al-Shura, reads: “The recompense
for an injury is an equal injury thereto (in degree): but if a person forgives and
makes reconciliation, his reward is due from Allah.” Likewise, the Qurʼan states:
“But indeed if any show patience and forgive, that would truly be an exercise
of courageous will and resolution in the conduct of affairs” (al-Shura, 42:40-
43). Forgiveness, therefore, must not be at the expense of justice but be a part
of justice through the restoration of human dignity to both the victim and the
perpetrator.
Should forgiveness be contingent upon repentance by the offender? Islam
emphasises repentance as a precondition for divine forgiveness. There is no
substitute for repentance as a means of attaining divine forgiveness for sins,
although on occasion Godʼs mercy and forgiveness will extend to even an
unrepentant sinner. With regard to the repentance of an offence that affects the
rights of other people, repentance will certainly assist in forming a better bond
between the offender and the victim. Forgiveness in response to repentance
by an offender enables a new and healthy relationship to be forged. However,
forgiveness does not require repentance by the offender. The victim may or may
not ask for repentance before forgiveness. Indeed, the believers should imitate
the Prophet (SAW) and forgive those who have not asked for forgiveness. The
Prophet (SAW) was known for forgiving his enemies. He forgave those who
persecuted him in Taʼif without their request and prayed to Allah to forgive
them “because they did not know what they were doing.” In Hudaybiyyah, the
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Prophet (SAW) freed the eighty captured enemies and let them go back to their
camp.
The most cited historical event of forgiveness was the Prophetʼs (SAW)
triumphant return to Makkah and his declaration of amnesty to those who had
fought him and persecuted his followers. He led almost 10,000 soldiers into an
enemyʼs stronghold, yet there was no bloodshed. Despite the continuing hostility
between the Makkan Quraysh and the Muslim community of Madinah, the
Prophet (SAW) ordered no slaughter of his enemies nor killing of the inhabitants
of Makkah: “…in the hour of triumph, every evil suffered was forgotten,
every injury aficted was forgiven, and a general amnesty was extended to the
population of Makkah.”48 This signicant act of forgiveness and reconciliation is
a virtue well-founded in Islam. It also won the hearts of pagans and stimulated
large-scale conversions to Islam.
Muslim scholars have also written extensively about forgiveness. Ibn Hazm,
for instance, considers elements of forgiveness to be the height of virtue. He
wrote:
Do not deliver your enemy to an oppressor, and do not oppress him
yourself. Treat him as you would treat your friend, except for trusting
him . . . The greatest of good deeds is to refrain from punishing your
enemy and from handing him over to an oppressor . . . Magnanimity
consists not of mingling with our enemies but of showing mercy to
them while still not trusting them.49
Abu al-Hassan al-Mawardi (360-450AH/974-1058 CE) considered forgiveness
to be a virtue. He argued that those who are virtuous, grant forgiveness to root out
“animosity, envy and strife” even to those who are undeserving.50
A number of contemporary Muslim scholars have also discussed the
role of forgiveness in the broader context of facilitating peaceful coexistence
between Muslims and non-Muslims. Khaled Abou El Fadl argues that Islam is
a tolerant religion and moral ideals like compassion and forgiveness are central
to its teaching. He argues for developing mechanisms to reect these ideals
institutionally, even though this was not always the case historically.51 An-Na'im,
another contemporary scholar, is concerned with human rights, inter-communal
relations, and improvement of justice in Muslim societies, all moving toward
forgiveness and reconciliation.52 Lastly, there is Fethullah Gulen who writes
within the mystic tradition and argues for forgiveness and tolerance by referring
to the Charter of Madinah and the Farewell Sermon. To him,forgiveness and
tolerance are obligations and not simply a virtue. According to Gulen: “We should
have such tolerance that we are able to close our eyes to the faults of others, to
have respect for different ideas, and to forgive everything that is forgivable.”53 He
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considers forgiveness a virtuous imitation of the character of Allah. Forgiveness
is the natural result of true faith in Islam. He argues:
How can we not forgive when we know that salvation from the re of
suffering in our inner worlds, caused by our own mistakes, is possible
only by drinking from the river of forgiveness? And even more so, if we
know that the road to being forgiven passes through forgiving.54
Gulen argues for forgiveness when the offence is forgivable and that it is
appropriate even if the offender has not offered an apology. Fethullah Gulen has
inspired many movements, primarily the Hizmet, which means “service”. Hizmet
has no formal structure, no visible organisation and no ofcial membership, yet
has grown into perhaps he worldʼs biggest Muslim network. Gulen has followers
all over the world, and who are especially active in education. They claim to have
established more than 500 places of learning in 90 countries.55 His followers are
most active in Turkey, however, where there are said to be millions of Hizmet
followers. Throughout the 1970s, when Turkey was engulfed in political violence
between left-wing and right-wing groups, Gülen “invited people to practice
tolerance and forgiveness.” This kept violence under control until the Military
coup of 1980 which caused a major shift in Turkish politics.56
Several Muslim communities practise the theology of forgiveness, as outlined
above. Forgiveness has been a tremendous resource in peace-building efforts
in various Muslim societies. Mohammed Abu-Nimer has documented several
contemporary instances from urban and tribal Muslim communities where
“Islamic values of forgiveness are applied to resolving conicts, preventing
violence, restoring order and harmony, and creating cohesiveness and unity
among rival communities.”57 He highlighted the case of the Palestinian Intifada
movement (1987-1993), where the struggle against oppression was coordinated
through an appeal to non-violence. The United National Leadership of the
Uprising (UNLU), the coordinating group for the Intifadah, declared a day of
forgiveness to allow those who had caused dissension in the Palestinian camp
to surrender their weapons and work together against the occupation through
non-violent means.58 Many Palestinians responded to the call, surrendered their
weapons, and joined the Intifadah movement.
A similar effort was visible in the Indian anti-colonial movement led by Abdul
Ghaffar Khan, who dened Islam as consisting of ʿamal (seless service), yaqin
(faith), and muhabbat (love). He took Prophet Muhammad (SAW) as a role-
model and tried to inculcate values of patience and righteousness in the face of
persecution. He founded a movement called the Khudai Khidmatgars (“Servants
of God”), which promised, among other things, “to refrain from violence and
from taking revenge…to forgive those who oppress me or treat me with cruelty…
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to refrain from taking part in feuds and quarrels and from causing enmity.”59
Khudai Khidmatgars carried out campaigns designed to persuade the British to
end the tyranny of occupation, despite the atrocities the latter brought upon them.
Ghaffar Khan joined forces with Mahatma Gandhi and carried out non-violent
protest until the British government agreed to allow India home rule.
Forgiveness, as Sachedina points out, “provide[s] the healing process needed
to restore human relationship.”60 No peace can result from retaliatory measures.61
The Qurʼan urges the believers to replace retribution with magnanimity and let
forgiveness, kindness, and generosity prevail during disputes and wrong-doing.
In giving primacy to the act of forgiving, Islam wants to overcome the cycle of
violence and, by extension, repair relationships. Islam did not deny retribution
as a form of enacting justice, only stating that forgiveness is valued higher.
Forgiveness is the best alternative to retributive justice and is closer to restorative
justice.
Conclusion
Restorative justice emphasises respect, dialogue, and collaborative decision
making and is a viable alternative to criminal justice processes which emphasise
blame, stigmatisation, and punishment. While the restorative justice trend
emerged in the West in the 1970s and 1980s, the primary sources of Islam
have encouraged, from the very beginning, the amicable settlement of disputes
through mediation and arbitration while ensuring justice, fairness, and equity
in all situations. It is conceivable that contemporary practices of restorative
justice borrowed a leaf from the Islamic dispute resolution models prescribed
in the Qurʼan and the Sunnah which have long been practised by some Muslim
communities.
Islamic principles of dispute resolution, just like restorative justice principles,
are based upon an assumption of mutual obligations and responsibilities in righting
wrong. Islam, as in restorative justice, emphasises respect for all those affected
by crime and obligates the believers to treat each other with respect, honour and
dignity. In all their dealings, believers are required to stand rm for justice, even if
it is detrimental to their own interests. Muslims are required to implement justice
by following the standards and guidelines set out by revelation. Islam aims at
crafting a just society which empowers victims, offenders, and the community.
Islam teaches us not to act with vengeance but to forgive if the interests of
the public are not infringed. Forgiveness is a value strongly emphasised in the
Qurʼan. Allah forgives those who refrain from punishing when they hold the right
to do so. Just like all other good deeds, Islam advises forgiveness be extended
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for the sake of taqwa, as a manifestation of love and respect for Allah rather
than material ends. Islam considers forgiveness to be a sign of grandeur, and
the Prophetʼs (SAW) example as a forgiving gure marks this fact. Forgiveness
brings forth gratitude, heals broken relationships, puries man from negative
thoughts, and establishes peace at individual and social levels.
In criminal court proceedings, communication between the offender, victim,
and community is not taken into consideration. The possibilities of expressing
remorse and forgiveness, which typically emerge in restorative dialogue, are
thus prohibited in the sentencing processes of the criminal justice system. The
relationship between the positive effects of restorative justice attested to by
victims and offenders and the concept of forgiveness is not clearly spelt out.
In restorative justice, participants infrequently use the word forgiveness, even
though they identify with some of its characteristics. Islam brings forgiveness to
the fore, putting an end to the cycle of retribution and retaliation, which ultimately
damages the community. Prophet Muhammad (SAW), mentioned in the Qurʼan
as the ultimate role model, consistently chose forgiveness over retaliation. His
behaviour is the best example of forgiveness and compassion. While the crimes
against him were often vile and demeaning, the Prophet chose kindness over
anger, keeping true to the Qurʼanic verse: “Keep to forgiveness (O Muhammad),
and enjoin kindness, and turn away from the ignorant” (al-A‘raf, 7:199).
Policy recommendations
It is essential that the concept of restorative justice be fully integrated into
the criminal justice system in Muslim majority areas.
There is a need for Muslim scholars and activists to emphasise forgiveness
as a value in the restorative justice system in general.
The criminal justice system must incorporate the principles of reforming
the offender and reintegrating him/her into society.
The right to pardon the offender in criminal cases should be included in
the Penal Code/Criminal Procedure Code.
The criminal justice system should allow communication between
offender, victim, and the community, thereby taking into consideration
expressions of remorse and forgiveness, thus putting an end to the cycle
of retribution and retaliation and promoting peace and harmony in the
community.
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Notes
* Ramizah Wan Muhammad, Associate Professor, Department of Islamic Law,
Ahmad Ibrahim Kulliyyah of Laws, International Islamic University Malaysia
(IIUM). Email: ramizah@iium.edu.my.
1. See J. Braithwaite, ‘Setting Standards for Restorative Justice,’ British Journal
of Criminology 42, no. 3 (2002): 563-77; United Nations Office for Drugs and
Crime United Nations Office for Drugs and Crime, Handbook on Restorative
Justice Programmes (New York: United Nations, 2006).
2. M. S. Umbreit, The Handbook of Victim-Offender Mediation: An Essential
Guide to Practice and Research (San Francisco: Jossey-Bass, 2001).
3. Ibid.
4. D. Moore, ‘Shame, Forgiveness, and Juvenile Justice,’ Criminal Justice Ethics
1, no. 2 (1993): 3-25.
5. Howard Zehr, The Little Book of Restorative Justice (New York: Good Books,
2014), 6.
6. Clifford K. Dorn, Restorative Justice in the United States: An Introduction
(Englewood Cliffs, N.J.: Pearson Prentice Hall, 2008), 3-4.
7. Zehr, Little Book of Restorative, 40.
8. J. Braithwaite, ‘A Future Where Punishment is Marginalized: Realistic or
Utopian?’ UCLA Law Review 46, no. 6 (1999): 1727.
9. F.T.Cullen, B.S. Fisher, and B.K. Applegate, ‘Public Opinion about Punishment
and Corrections,’ Crime and Justice 27, no. 1 (2000): 45.
10. A. Morris, ‘Critiquing the Critics: A Brief Response to Critics of Restorative
Justice,’ British Journal of Criminology 42, no. 3 (2002): 600.
11. Howard Zehr, Changing lenses: A New Focus For Crime And Justice. 3rd ed.
(Scottdale, PA: Herald Press, 2005), 181.
12. Dean Peachey, ‘The Kitchener Experiment,’ in Mediation and Criminal Justice:
Victims, Offenders and Community, ed. Martin Wright and Burt Galaway
(London: Sage Publications, 1989), 14-26.
13. Susan C. Hascall, ‘Restorative Justice in Islam: Should Qisas be Considered a
Form of Restorative Justice?’ Berkeley Journal of Middle Eastern and Islamic
Law 4, no. 1 (2011): 39.
14. Mark S. Umbreit, William Bradshaw, and Robert B. Coates, ‘Victims of
Severe Violence Meet the Offender: Restorative Justice through Dialogue,’
International Review of Victimology 6, no. 4 (1999): 321-43.
15. See Gordon Bazemore and Mark Umbreit, ‘Balanced and Restorative
Justice: Prospects for Juvenile Justice in the 21st Century,’ in Juvenile Justice
Sourcebook: Past, Present, and Future, ed. A. R. Roberts (New York: Oxford
University Press, 2004), 467–510.
16. Zehr, A New Focus For Crime And Justice, 47.
17. Trudy Govier, Forgiveness and Revenge (London: Routledge, 2002), 61.
18. Martha Minow, Between Vengeance and Forgiveness: Facing History after
Genocide and Mass Violence (Boston, MA: Beacon Press, 1998), 16.
19. Fred Luskin, Forgive for Good: A Proven Prescription for Health And Happiness
(New York, NY: HarperCollins, 2003), 68.
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20. Desmond Tutu, No Future without Forgiveness (New York, NY: Image Books,
2000), 271.
21. Mark S. Umbreit , The Handbook of Victim-Offender Mediation: An Essential
Guide to Practice and Research (San Francisco: Jossey-Bass, 2000).
22. Fred Luskin, Forgive for Good, 68.
23. Zehr, Little Book of Restorative, 17.
24. Sahih al-Bukhari no 5718, at Abu Amina Elias, ‘Hadith On Brotherhood: Be
Servants of Allah As Brothers And Sisters,’ Daily Hadith Online. Available at:
https://abuaminaelias.com/dailyhadithonline/2011/10/03/brotherhood-means-
to-reject-hate-envy-and-cruelty/. (Accessed on: 15 June 2018).
25. Mohammed Hashim Kamali, Shari’ah Law: An Introduction (Oxford: One
World Publication, 2008), 1.
26. Ibid., 126, 201, and 291.
27. Hascall, ‘Restorative Justice in Islam,ʼ 36.
28. Abd Ar-Rahman I. Doi, Shari’ah: The Islamic Law (London: Ta-Ha Publishers,
2008), 26.
29. M. Hamidullah, The First Written Constitution in the World (Pakistan: Kazi
Publications, 1986).
30. B. Makdisi, Al-Foroui, vol. 6 (Beirut: Books World, 1751), 188.
31. M. Cherif Bassiouni, The Shari’a and Islamic Criminal Justice in Time of War
and Peace (New York: Cambridge University Press, 2014), 140.
32. See Ramizah Wan Muhammad, ‘Restorative Justice in Islam,’ Journal of
Islamic Law Review 12, no. 2 (2016): 191-213.
33. M. Sarkhasi, Al-Mabsout (Beirut: Educational Publishing, 1096), 143.
34. O. Nasfi, Tulbat Al-Talaba fi al-Istalahat al-Fiqhiyah (Baghdad: Amera Press,
1142), 144.
35. Gordon Bazemore and Jeanne Stinchcomb, ‘A Civic Engagement Model of Re-
entry: Involving Community through Service and Restorative Justice,’ Federal
Probation 68, no. 2 (2004): 14-24; Katherine Beaty Chiste, ‘Faith-Based
Organizations and the Pursuit of Restorative Justice,’ Manitoba Law Journal
32, no. 1 (2008): 27-60.
36. Zahid Shahab Ahmed, ‘Combining Modern and Traditional Justice Techniques:
The Jirga in Pakistan,’ Peace Insight. Available at: http://www.insightonconflict.
org/2010/08/jirga-restorative-justice/. (Accessed on: 25 February 2018).
37. Noor Aziah Moh. Awal, ‘Sulh as an Alternative Dispute Resolution in Malaysia
for Muslims,’ paper presented at the 3rd ASLI Conference, China, 25-26 May
2006.
38. Muhammad bin Muhammad Abu Hamid al-Ghazali, Ihyaʼ ʿUlum al-Din (The
Revival of Religious Sciences), vol. 3 (Beirut: Dar al-Marifah, 1962), 182.
39. Ibn al-Qayyim al-Jawziyyah, al-Ruh (The Spirit) (Bayrut: Dar al-Kutub al-
Ilmiyyah, 1975), 24.
40. See al-Qur'an, al-Shura, 42:40; al-Baqarah, 2:187; al-Maidah, 5:95, etc.
41. Al-Qurʼan, al-Baqarah, 2:109; al-Hijr, 15:85; al-Zukhruf, 43:89 and others.
42. Al-Qurʼan, al-Baqarah, 2:263; al-Shura, 42:37; al-Zukhruf, 43:43 and many
more.
43. Al-Qur’an, al-Shura, 42:40.
44. Mawlana Abul Kalam Azad, Basic Concepts of the Qur’an: Being a Resume
FORGIVENESS AND RESTORATIVE JUSTICE IN ISLAM AND THE WEST:
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of the Views Advanced in the Commentary of Surah al-Fatihah, the Opening
Chapter of the Qur’an (Kuala Lumpur: Islamic Book Trust, 2003), 61.
45. Tim Chapman and Alice Chapman, ‘Forgiveness in Restorative Justice:
Experienced but not Heard?’ Oxford Journal of Law and Religion 5, no. 1
(2016): 135.
46. Abdulaziz Sachedina, The Islamic Roots of Democratic Pluralism (New York:
Oxford University Press, 2001), 105.
47. Walter J. Dickey, ‘Forgiveness and Crime: The Possibility of Restorative
Justice,’ in Exploring Forgiveness, ed. Robert D. Enright and Joanna North
(Madison: University of Wisconsin Press, 1998), 108.
48. Syed Ameer Ali, The Spirit of Islam (New Delhi: Kitab Bhavan, 2000), 78.
49. Ibn Hazam Al-Andalusi, In Pursuit of Virtue, trans. M.A. Laylah (London: Taha
Publishers, 1990), 188.
50. Majid Fakhry, Ethical Theories in Islam (Leiden: Brill, 1991), 166.
51. Khaled Abou el Fadl, The Place of Tolerance in Islam, ed. Joshua Cohen and Ian
Lague (Boston: Beacon Press. 2002), 13-22.
52. Abdullahi Ahmed An-Naim, Islam and the Secular State: Negotiating the
Future of Shari`a (Harvard: Harvard University Press, 2010).
53. Fethullah Gülen, The Necessity of Interfaith Dialogue: A Muslim Perspective
(Somerset, N.J.: The Light, 2004), 33.
54. Fethullah Gülen, ‘Forgiveness,’ Fethullah Gullen. Available at: http://en.fgulen.
com/recentarticles/903-forgiveness.html. (Accessed on: 17 January 2017).
55. Bishkek and Istanbul, ‘Global Muslim Networks: How Far They Have
Travelled,’ The Economist. Available at: http://www.economist.com/node/
10808408?story_id=10808408. (Accessed on: 26 February 2018).
56. Tamer Balci, ‘Islam and Democracy in the Thought of Nursi and Gulen,’ in
The Gülen Hizmet Movement: Circumspect Activism in Faith-Based Reform, ed.
Christopher L. Miller (Newcastle upon Tyne: Cambridge Scholars Publishing,
2013), 82.
57. Mohammed Abu-Nimer, Nonviolence and Peace Building in Islam: Theory and
Practice (Gainesville, Florida: University Press of Florida, 2003), 109.
58. Ibid., 177.
59. Eknath Easwaran, Nonviolent Soldier of Islam: Badshah Khan, A Man to Match
His Mountains (California: Nilgiri Press, 2002), 111.
(2001:105)
60. Sachedina, The Islamic Roots, 105.
61. Ibid.
RAMIZAH WAN MUHAMMAD
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FORGIVENESS AND RESTORATIVE JUSTICE IN ISLAM AND THE WEST:
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