scholarly journals Restorative Justice in Islam with Special Reference to the Concept of Diyya

2020 ◽  
Vol 3 (1) ◽  
pp. 38-56
Author(s):  
Absar Aftab Absar
Keyword(s):  
Criminal Justice ◽  
Restorative Justice ◽  
Islamic Law ◽  
Human Beings ◽  
Criminal Justice Systems ◽  
Holy Quran ◽  
The Holy Quran ◽  
Blood Money ◽  
Precautionary Measures

The theme of Quranic commands is promoting collective goodness and virtuous qualities in human beings and providing preventive and precautionary measures to minimize the commission of crimes. However, in the event of happening of crimes, fair and unbiased justice has been awarded the prime importance in the Islamic law, derived mainly from the Holy Quran, Hadith and compilations of Islamic jurisprudence. The Islamic law has deeply embedded elements of what we call today as the restorative system; an alternative paradigm being advocated globally since the 1970s for tackling the trend of rising crimes and relatively low efficacy of the conventional retributive form of justice and the preventive theory of punishment. The law of Qisas (retaliation), the practices of conciliation or Suluh, restitution or compensation ( Diyya, meaning blood money), isolation, forgiveness, community service, warning, fining and reintegration are all components of the Islamic law which are very much analogous to the concept of restorative justice. In all these matters, the role of the victim is dominant and central, a mandatory precondition of contemporary restorative practices. It is particularly relevant to discuss about the provisions under Diyya; a unique concept of the Islamic criminal justice system which is the payment of money to the victim of a violent crime and is very much analogous to the attributes of restorative justice. Diyya is not just limited to homicide; its provisions are applicable for any injury or incident resulting in bodily harm, intentional or unintentional, caused by another person. The payment can be made in substitution for the Qisas penalty at the request of the victim or it can be imposed if any of the procedural or substantive requirements for the imposition of Qisas have failed. It needs to be pointed out here that Diyya is translated as ‘blood money’, a negative connotation, undermining the virtues of this concept. It should better be seen as one of the best examples of restorative justice in the criminal justice systems of the world in the form of restitution to the victim paid by the guilty offender. There are numerous examples of implementation of Diyya in Islamic countries, where not only the lives of those who had been awarded death penalties were saved but also the families of victims were paid Diyya to help them rehabilitate and restore their place in the society. The procedures under Qisas and Diyya being victim-centric, the final option that victims have in a case of intentional homicide or wounding is to forgo both the penalty and restitution and forgive the offender; an act which has been highly appreciated in the Holy Quran and Hadith. It is pertinent to record here that the credibility of the concept of Diyya, its utilitarian nature and its restorative character are unambiguous, not only because it is a component of the Divine Law of Islam but also because of the fact that systems like Diyya are in practice in countries such as Japan and Korea and had been prevalent in many parts of Europe just about the time when Diyya was included as a tenet of the Islamic law. The concept of Diyya convincingly illustrates as to how restorative justice could have an edge over retributive and retaliatory justice.

The role of Record of Rights (Khatian) in determining title or possession: An overview

IIUC Studies ◽  
2020 ◽  
Vol 15 ◽  
pp. 33-46
Author(s):  
Kalim Ullah
Keyword(s):  
Human Life ◽  
Vital Role ◽  
Critical Element ◽  
Human Beings ◽  
Supportive Evidence ◽  
Land Administration ◽  
Holy Quran ◽  
The Holy Quran ◽  
Religious Systems

Human beings are deeply related to land. Human beings take birth on land, live on land, die on land and mixes with land ultimately. As stated in the holy Quran: ‘We (Allah) created you (human beings) from the soil, we shall make you return to the soil and We shall call you back again from the soil’ (20:55). Human life is surrounded by soil i.e. land. So, land is a highly completed issue of human life involving economic, social, political, cultural and often religious systems. Land administration is thus a critical element and often a pre-condition for peaceful society and sustainable development. In administrating land, Khatian or record of rights plays a vital role to determine the rights and interests of the respective parties as supportive evidence. In this article, discussion is mainly made on the fact that Khatian or record of rights is not a document of title solely but it may be an evidence of title as well as possession. IIUC Studies Vol.15(0) December 2018: 33-46

scholarly journals Food Health in the View of Islam

2021 ◽  
Author(s):  
Seyyed Ahmad Mir Husseini Niri
Keyword(s):  
Influential Factors ◽  
Human Beings ◽  
Physical And Mental Health ◽  
Human Aspects ◽  
Healthy Nutrition ◽  
Natural Tendency ◽  
Holy Quran ◽  
The Holy Quran ◽  
Review Study

Background: The instinct and natural tendency to eat food is an undeniable fact in human and all human beings, even the messengers of Allah and Infallible Imams (A.S) need it in order to keep themselves healthy. Methods: In this review study, using the teachings of the Holy Quran and other Islamic texts, the importance and role of food and healthy nutrition and its role in elevating human beings have been collected. Results: Formally, one of the influential factors in maintaining human’s physical and mental health is his food and maintaining human health to preserve his real perfection and his unique position and dignity among creatures is mostly based on pure and healthy food. Allah has considered all human aspects in the Holy Quran, the ذook of human guidance and prosperity, and not neglecting, for example, his need of food, he has offered some guidance to meet this need. The Quran’s criteria for choosing food are its lawfulness and purity. Conclusion: Considering the fact that “pure” means being pleasurable and good to eat, one of the interpretations offered in this article is that the man should avoid eating foods that are against human nature due to its being inconsistent with intact divine nature of human.     

scholarly journals A SEMANTIC ANALYSIS OF WORDS “KHALAQA, JA’ALA, BADA’A, SHANA’A, FATHARA” IN REVEALING THE CONCEPT OF HUMAN CREATION

2019 ◽  
Vol 6 (2) ◽  
pp. 288-301
Author(s):  
Yayan Nurbayan
Keyword(s):  
Qualitative Research ◽  
Semantic Analysis ◽  
Human Beings ◽  
Single Object ◽  
Transitive Verb ◽  
Holy Quran ◽  
The Holy Quran

This qualitative research argues that the concept of human creation in the holy Quran can be revealed by analyzing the words khalaqa, ja’ala, bada’a, shana’a, and fathara. In doing the analysis, the meaning of words is characterized based on lexical, grammatical, and contextual aspects. This research found that there are only two words used in verses concerning human creation, namely ‘خلق، جعل’ / ‘ja’ala, khalaqa’. The word khalaqa is an intransitive word (fi’il muta’addy) consisting of a single object (maf’ul). Furthermore, the word ‘جعل’ is a transitive verb consisting of two objects (muta’addi bi maf’ulaini). In the context of human creation, the word is used to describe the function of human beings. The word جعل functions as an element to describe the role of an object in the respective verses.

Fear of a School-to-Deportation Pipeline: How Teachers, Administrators, and Immigrant Students Respond to the Threat of Standardized Tests and Deportation

2021 ◽  
pp. 004208592110264
Author(s):  
Patricia Maloney ◽  
Duke W. Austin ◽  
SaunJuhi Verma
Keyword(s):  
Criminal Justice ◽  
Standardized Tests ◽  
Justice System ◽  
Immigrant Students ◽  
Zero Tolerance ◽  
School Authority ◽  
Funding Sources ◽  
Criminal Justice Systems ◽  
Authority Figures

Existing studies evaluate zero tolerance policies and the school-to-prison pipeline. Additional research identifies the role of criminal justice systems in deporting immigrants. Our work bridges these two literatures by discussing how immigrant students navigate the criminal justice system within schools. Using interviews with immigrant students, teachers, and administrators, we address the question: How is the school-to-deportation pipeline maneuvered by stakeholders? Our study identifies how school authority figures react to and even use the fear of the pipeline to (1) either protect students from becoming criminalized or (2) exclude students from standardized exam participation so as to maintain funding sources.

Setting the parameters of ‘digital (criminal) justice’ in Scotland

2017 ◽  
Vol 64 (3) ◽  
pp. 191-208
Author(s):  
Mike Nellis
Keyword(s):  
Criminal Justice ◽  
Professional Practice ◽  
Policy Debate ◽  
Human Beings ◽  
Policy Document ◽  
Criminal Justice Systems ◽  
Information And Communication ◽  
Justice Systems ◽  
Scottish Government ◽  
Critical Literature

The term ‘digital justice’ has been used by the Scottish Government to delineate the potential of information and communication technology (ICT) in its civil, administrative and criminal justice systems. This paper concentrates on the latter area, outlining the content of the original 2014 digital justice strategy document and the subsequent Holyrood conferences used to promote it (Scottish Government, 2014). It notes gaps in the strategy, not least a failure to specify what human beings could and should be doing in digitized justice systems, and ambiguity about the endpoint of ‘full digitization’, which could be very threatening to existing forms of professional practice. It sets the policy debate in the broader context of increasing automation and the more critical literature on digitization, concluding with recommendations for a revised policy document, ideas which may be of interest outside Scotland.

scholarly journals The Importance and Necessity of Paying Attention to Law and Legalism in Social Areas from the Perspective of the Holy Quran

2016 ◽  
Vol 3 (1) ◽  
pp. 1
Author(s):  
Reza Alami ◽  
Farzad Emamian ◽  
Seyed Nima Karimi ◽  
Seyed Sadegh Mousavi Takami ◽  
Mahdi Rezaei
Keyword(s):  
Social Life ◽  
Natural Rights ◽  
Human Society ◽  
Human Beings ◽  
Law And Order ◽  
Holy Quran ◽  
The Holy Quran ◽  
The Law ◽  
Laws And Regulations

<p>Social life is an inevitable necessity for human beings and order, security and justice is required for social life. In this regard, everything that can be effective social life of for human beings should be seriously considered. Law is among these phenomena that people can benefit from social life in its light in addition to benefiting from their natural rights. Therefore, it can be said that the strength and cohesion of any society is paying attention to the law and obeying it. Obviously, this religion in order to convey its purpose should have a plan for them. Therefore, God, as the drafter of this religion sent the Quran to people which is full of solutions and values and a better life for them. In Islam and Quran, the condition of salvation and happiness of a society depends on adherence to God's laws and regulations in all facets and social arenas. The results of this study show that in the shadow of respecting law and order the possibility of planning, implementing and guiding in human society is done. A society can only be lawful by fulfilling God's commandments in Quran.</p>

scholarly journals The Study of The Validity of The Surface Structure of Holy Quran

2019 ◽  
Vol 19 (1) ◽  
Author(s):  
Esmaeil Rezaei
Keyword(s):  
Data Collection ◽  
Surface Structure ◽  
Islamic Law ◽  
Current Paper ◽  
Data Collection Tool ◽  
Human Reason ◽  
Human Happiness ◽  
The World ◽  
Holy Quran ◽  
The Holy Quran

The validity of the surface structure of the Holy Qur'an is one of the most important Qur'anic debates, which also affects the issues of Islamic law. The meaning of surface structure of the Qur'an is that the surface structure of the Qur'an is understandable to every reader and listener, as well as any human text, and that which man understands the surface structure of the Qur'an by means of verbal and illogical indications. The current paper examines the validity of the surface structure of the Holy Quran, following expanding the conceptual subject of the research.  Given the thematic documents presented, this is a descriptive-analytical paper with library sources data collection tool. The findings indicate that: The most important reason for believing in the validity of the Holy Qur'an surface structure is that this holy scripture includes the plan of human happiness in the world and the Hereafter. Therefore, if the surface structure of the Holy Quran is not justified, how one can use its surface structure to answer difficult questions that limited human reason is incapable of answering. In addition, the Holy Qur'an, although revelation and has been revealed by God, but because it is revealed in the form of words, it is governed by the principles and rules governing all languages, among which are the validity of their surface structure for those familiar with the language. Keabsahan struktur permukaan Al-Qur'an adalah salah satu perdebatan Al-Qur'an yang paling penting karena  mempengaruhi masalah hukum Islam. Makna struktur permukaan Al-Qur'an adalah bahwa struktur permukaan Al-Qur'an dapat dipahami oleh setiap pembaca dan pendengar, serta teks manusia mana pun, dan apa yang dipahami manusia oleh struktur permukaan Al-Qur'an dengan cara indikasi verbal dan tidak logis. Penelitian ini  meneliti validitas struktur permukaan Al-Qur'an, dengan memperluas subjek konseptual penelitian. Mengingat dokumen tematik yang disajikan, pendekatan deskriptif-analitis dengan alat pengumpulan data sumber perpustakaan. Temuan menunjukkan bahwa: alasan paling penting untuk percaya pada validitas struktur permukaan Al-Qur'an adalah bahwa kitab suci ini mencakup rencana kebahagiaan manusia di dunia dan akhirat. Karena itu, jika struktur permukaan Al-Qur'an tidak benar, bagaimana seseorang dapat menggunakan struktur permukaannya untuk menjawab pertanyaan-pertanyaan sulit yang membatasi akal manusia. Selain itu, Alquran, meskipun wahyu dari Allah,  tetapi karena diturunkan dalam bentuk kata-kata, diatur oleh prinsip dan aturan yang mengatur semua bahasa, di antaranya adalah validitas struktur permukaan untuk mereka yang terbiasa dengan bahasa.

scholarly journals Analytical Study of Qur’anic Ideologies: Applications toward Forgiveness and Justice for Survival of Humanity

2021 ◽  
Vol 1 (01) ◽  
pp. 71-84
Author(s):  
Hamid Hammad ◽  
Masood Qasim
Keyword(s):  
Social Welfare ◽  
Analytical Study ◽  
Social Institutions ◽  
Social Situations ◽  
General Observation ◽  
Holy Quran ◽  
The Holy Quran ◽  
Common Man

This paper presents the importance and role of Qur’anic theories of forgiveness and justice for social welfare of mankind. It is general observation that intolerance in behavior of common man caused uneasiness in society which resulted in social disputes. In Such circumstances, the Holy Quran advises to practise forgiveness while dealing with others. Whereas, in critical matters, the Holy Quran emphasizes on justice, injustice in society resulted very bad impacts like rebellions and distrust on social institutions. In this case, the Holy Quran stressed for justice and promised to bestow (those who are appointed for justice) with huge rewards in the life hereafter. For the survival of humanity, forgiveness and justice are two basic elements. This paper deals with the various social situations in which the Holy Quran suggests to forgive or orders to do justice. Role of forgiveness and justice and relationship between forgiveness and justice in the light of Quranic teachings are presented briefly. Keywords: Forgiveness, Justice, Survival, Humanity, Rebellions, Distrust, Bestow

scholarly journals Adad [Antonyms] and Its Impact on the Exegesis of Al-Samin in His Books (Al-Durr) And (Al-’Umda)

2021 ◽  
Vol 17 ◽  
pp. 144-158
Author(s):  
Dr. Ayman Ibrahim Yusuf Rayan
Keyword(s):  
Close Connection ◽  
Great Contribution ◽  
Intended Meaning ◽  
The Past ◽  
Linguistic Research ◽  
Holy Quran ◽  
The Holy Quran ◽  
The Subject

This research tackles the subject of the indication of antonyms and its impact on the exegesis of al-Samin in both his books “al-Durr al-Masun” (Preserved Pearls) and “‘Umdat al-Hufaz” (Reliance of the memorize-rs). In this research, I have combined between the language and tafsir (exegesis) and clarified the efforts exerted by al-Samin in serving the interpretation of the Quran. Moreover, I have introduced his great contribution to linguistic research and compiled the conclusions he has reached in both his books (al-Durr) and (al-’Umda) on antonyms. I have organized his ideas, studied his tangible effects in his exegesis of the holy Quran in addition to methodologically establishing the role of the language being one of the tools in the past and contemporary exegesis of the holy  Quran and clarified its multiple indications and various manners. I was also keen in highlighting the importance of the indication of antonyms and the extent of its impact on interpreting the noble Quran. Moreover, I have studied the points of contention among the scholars and exegists on the meaning of the Quranic statement and clarified the importance of the Quranic context in determining the exact meaning of the vocabularies and structures. Furthermore, I have highlighted the close connection between the developed indication of words and the intended meaning in the Quranic verse.

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