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Susan C. Hascall

2012

Punishment

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Restorative Justice In Islam: Should Qisas Be Considered A Form Of Restorative Justice?, Susan C. Hascall Dec 2011

Restorative Justice In Islam: Should Qisas Be Considered A Form Of Restorative Justice?, Susan C. Hascall

Susan C. Hascall

The restorative justice movement challenges conventional approaches to sentencing and punishment by involving the victim, community, and perpetrator in sentencing. The movement is characterized by an emphasis on the restoration of relationships, healing and rehabilitation. Like the restorative justice movement, Islamic law embraces a conception of justice that involves healing relationships. Shari’ah, the religious law of Islam, is based on Islamic teachings on justice and divine revelation. In classical Shari’ah jurisprudence, crimes are divided into several categories, which do not easily correspond to the categories defined in modern Western law. One of these categories, the crimes of qisas, is distinctive …