Presented by the Center for
Restorative Justice and Peacemaking
Islam in the World Today
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Facts and Figures
 Over 1.5 billion Muslims
in the world in 2010
 As many as 7 million in
the U.S.
 Followed by almost a
fourth of human beings
in the world
 Over 50 countries have
a Muslim majority
 Muslim means “one
who submits to God”
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5 Pillars of Basic
Muslim Belief
 One God
 Prophets of God
 Divine texts
 Angels
 Life after death
 Day of judgment
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Basic Muslim
Practices
 Declaration of faith
 Prayer
 Fasting
 Charity
 Pilgrimage
The Shahadah
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Simple declaration of faith
Recited in Arabic, la ilaha illa Allah wa Muhammad
rasul Allah
Translates to “there is no God but God and
Muhammad is the messenger of God”
Salat
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Arabic word for prayer
Five times each day
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Dawn, Noon, Mid-Afternoon,
Sunset, Night
Ablutions, bowing, and
prostrating
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Sawm
 Fasting from food,
drink, smoke, and
sex
 From dawn to
sunset each day of
the lunar month of
Ramadan
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Zakat
 Required charity
 2.5% of one’s
accumulated wealth
each year
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Pilgrimage to the city of Mecca in Saudi Arabia
Performed by approximately 3 million Muslims each
year
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Theories of Criminal Law
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Crime as conduct that is prohibited by the state
because of its harm to society, necessarily
eliciting state response in terms of retribution
Utilitarianists view punishment as a deterrent to
potential offenders, creating a criminal-focused
system
Rehabilitationists view punishment as a way to
reform or cure the offender, again focusing on
the offender rather than the victim
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Restorative Justice seeks to develop communitybased responses to crime and violence by using
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dialogue
repair of harm
peace-building
to heal victims and bolster social harmony
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Restorative Justice is NOT a method or program but
relies on basic principles of
Repentance
 Forgiveness
 Reconciliation
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All three are central to many religions and can help
mediate between the criminal justice system
and multi-religious, pluralist societies
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There are two primary sources of Islamic law
 Qur’an
 Sunnah/Hadith, the life, sayings, and
example of the Prophet Muhammad (PBUH)
There are three methods for deriving the law
from these sources
 Ijma’: consensus of community (democratic)
 Qiyas: analogies (precedent-based)
 Ijtihad: independent reasoning
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Human nature and Society derive from the
nature of God – which is restorative in
essence:
“If anyone does evil or wrongs his own soul, but
afterwards seeks Allah’s forgiveness, he will find
Allah oft-Forgiving, most Merciful.” (al-Nisa:110)
 “If you stretch your hand against me, to slay me, it is
not for me to stretch my hand against thee: for I do
fear Allah, God of the Universe.” (al-Maidah: 28)
 “The recompense for an injury is an injury equal
thereto (in degree); but if a person forgives
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and makes reconciliation, his reward is due
from Allah.” (al-Shura:40)
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Crimes are viewed as offending both God and
society in different aspects
Crimes are thus categorized into three main
types and require distinct punishments:
 Hudud
 Quisas
 Ta’zir
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Hudud – Theft, adultery, slander, rebellion,
apostasy
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The most serious of crimes whose punishment is
mandated by the Qur’an, not by a judge
Difficult to prove guilt because it requires:
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lack of coercion,
full mental capacity of offender,
knowledge of the law by the offender and
evidence that shows guilt beyond
any doubt
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Hudud crimes apply only in a just society, thus such charges
have been nulled when society itself was not just
 Cutting-off hands for stealing was universally dropped
during the reign of the second Caliph due to a famine –
i.e. a starving society is not just
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In practice, the grave punishments for Hudud crimes (death,
cutting-off of hands) prevents reconciliation
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However, the harsh retributive punishments of Hudud crimes
and evidentiary burdens may cause the judge or
decision-maker to nullify the Hudud crimes
and press for Quisas or Ta’zir crimes, which
enable more restorative efforts
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Quisas – murder (voluntary & involuntary),
crimes against person (battery, etc.)
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Qur’an does not demand a specific
punishment
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Qur’an presents a range of retaliatory/punitive,
compensatory and reconciliatory measures from
which to choose, and often suggests
relying on restorative principles
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Restorative punishments
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Complete Forgiveness:
requires victim to forgive before
death
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All other cases require Diyya and Sohl and are victiminitiated:
 Diyya – offender agrees to monetary payment to victim
 Sohl – negotiated reconciliation
in the presence of a Wali Amr –
appointed guardian
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Qur’an cautions against relying on retaliatory measures
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“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)
“O ye who believe the law of equality is prescribed to you
in cases of murder: the free for the free, the slave for the
slave, the woman for the woman. But if any forgiveness is
made by the brother of the slain,
then grant any reasonable demand, and
compensate him with handsome gratitude.
This is a concession and a mercy from God.”
(al-Baqarah: 178)
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Ta’zir – chastisement of bad behavior; applies
mostly to violations of private rigths
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All crimes where the Qur’an or Sunna do not
prescribe a specific punishment or where evidence to
support a Hudud or Quisas verdict was questionable
Rule-makers have discretion on instituting
penalties
Focus on forgiveness and minimum of
punitive measures
 Aim is to rehabilitate the criminal and
restore the public good
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Written by the Prophet Muhammad (PBUH)
shortly after the Hijra, his migration to Medina
in 622
Favored achieving justice through communal
action based on law, not military action
Tool for conflict resolution
Tribal factions would bring disagreements to the
Prophet
 As a trusted mediator throughout the
region, he would serve as the single
mediator in these conflicts
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Views conflict as a communal, not individual,
matter so solution is a communal matter also
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Articles 19, 21, 22, 40 explicitly establish communal laws
for the city of Medina and state the ability to seek justice is
a communal right
 Individuals cannot aid perpetrators, but they also cannot
punish them; it must be a communal matter
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From the Arabic word for reconciliation (musalaha),
Sulha is a process used in various parts of the Arab
world, especially Palestine/Israel
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Today centers on the mediation process of
a peace council, called a jaha,
that is comprised of local respected mediators, called
muslihs,
 who usually know both parties socially; this stands in
contrast to the Western idea that mediation must be done by a
neutral third party
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Sulha built around principle that reconciliation
is possible if victim and offender approach
each other with
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musamaha, forgiveness;
musafaha, shaking hands;
and mumalaha, mutual partaking of
bread and salt
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Popularized in the Palestinian context by Elias Jabbour
 First aim to shorten period of conflict
 Second aim is to emphasize that peaceful resolutions to
violent acts are possible
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Sulha in the international peace process
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Leads to greater understanding of cultural values that
drive and inhibit various forms and methods of
reconciliation for Arabs
Affirms that those who are victims can have power in the
restorative process
Can be used on a local level to educate Israelis
about indigenous Arab reconciliation
processes and to mobilize Palestinians
in approaching negotiations as equals
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Process in Pakistan, especially among
Pashtun people
Council comprised of tribal leaders
Intervene in conflicts
 Come to a resolution through consensus
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Process
Disputants find neutral mediator
 Mediator hears both sides and then includes
supporters of each side in a council
 Council’s decision is final
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Sources on Islam and Restorative Justice.doc