Abstract
Essentially, Islamic law is modern law since it has recognized restorative justice for jarimah qishas (murder or torture). The concepts of restorative justice in Islamic criminal law realize fairness and balance to the offender and the victim themselves. Restorative justice in Islamic criminal law as explicitly provided in Q.S. al-Hujurat (49): 10 and Q.S. Asy-Syuura (42): 40. The Quran regulates peace and forgiveness in solving a crime. The existence of peace and forgiveness aims to realize the unity and sustainability of life as a purpose of the laws. Peace and forgiveness are premium remedium while the penalty is ultimun remediun in Islamic criminal law. Otherwise, in modern criminal law, the penalty is premium remedium. Key w ords : Forgiveness, Peace, Qishas, Restorative Justice
Highlights
Islam is a revelation religion by Allah. For (Allah) SWT to people through the last prophet Muhammad SAW
The problems discussed in this article are: first, how the concept of restorative justice in islamic criminal law is; second, how does solving problem of jarimah qishas through restorat-ive justice approach work
There are various definitions of restorative justice, one of which is expressed by Burt Galaway and Joe Hudson as follows: A definition of restorative justice includes the following fundamental elements: “first, crime is viewed primarily as a conflict between individuals that results in injuries to victims, communities, and the offenders themselves; second, the aim of the criminal justice process should be to create peace in communities by reconciling the parties and repairing the injuries caused by the dispute; third, the criminal justice process should facilitate active participation by the victims, offenders, and their communities in order to find solutions to the conflict7
Summary
Islam is a revelation religion (divine religion) by Allah SWT to people through the last prophet Muhammad SAW. The solving criminal case through peace and forgiveness in islamic criminal law is the implementation of restorative justice which has essensially been implemented since long ago. This concept is definitely in line with the cultural values of Indonesian people which are part ber Crime?” International Journal of Cyber Criminology, Vol 2 Issue 2, July - December 2008, p. The problems discussed in this article are: first, how the concept of restorative justice in islamic criminal law is; second, how does solving problem of jarimah qishas through restorat-ive justice approach work
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