Restorative Justice and Its Connection with the Tolerance of the Islamic Religion in Saudi Arabia

Salim Hamid N. Almjnoni, Mohamad Rizal Bin Abd Rahman

Abstract

This paper investigates the concept of restorative justice in connection with tolerance in the Islamic religion. Justice in Islam rhetoric is theological, ethical, political, social, or legal. The emphasis is on legal justice and its reference to Islam’s criminal justice, one of the most misunderstood systems due to its tenets' shallow interpretation. The absolute nature of Shariah laws has led to the belief that Islamic Law is incompatible with aspects of restorative justice and its emphasis on the healing of the victims, integration of the offender in the community, and his and the victim’s reconciliation. The study aims to show that despite the inefficiencies in Saudi Arabia’s legal mechanisms governing fair trials, there are certain areas where the system excels. A qualitative method was employed, and 15 legal practitioners participated. Analysis of deep introspection of the legal tenets of Shariah laws shows tolerance to other beliefs, thoughts, practices and that Islam as a religion is compatible with any other perception of justice. The study's novelty is that despite the success experienced by Saudi's legal mechanisms governing fair trials, criminal suspects are still vulnerable. The implication of this would be significant for policymakers and judicial practitioners in the KSA.

Keywords: tolerance, Shariah laws, restorative justice, Islam, society.


Full Text:

PDF


References


ARAFA M. A. Islamic criminal law: The divine criminal justice system between lacuna and possible routes. Journal of Forensic and Crime Studies, 2018, 102.

NIKULIN A. A., GILMANOV I. M., and GILMANOV M. M. Judicial system of Saudi Arabia and analysis of jurisdiction courts of first instance. Revista Publicando, 2017, 4(13 (3)): 834-842.

ROSEN L. Islam and the Rule of Justice. University of Chicago Press, 2020.

AKBAR A. A. Contemporary Perspectives on Revelation and Qu'ranic Hermeneutics: An Analysis of Four Discourses. Edinburgh University Press, 2019.

LUGO L., and COOPERMAN A. Tolerance and tension: Islam and Christianity in Sub-Saharan Africa. Washington, DC, Pew Research Center, 2010.

FARUQI Y. M. Islamic View of Nature and Values: Could These Be the Answer to Building Bridges between Modern Science and Islamic Science. International Education Journal, 2017, 8(2): 461-469.

OYELAKIN I. O. and YUSUF A. H. The legal system of the Saudi judiciary and the possible effects on reinforcement and enforcement of commercial arbitration. Journal of Social Sciences and Education, 2018, 10: 269-288.

USMAN A. H. Does Islam Practice Tolerance? Some Notes from Quranic Perspective. Preprints, 2018: 1-7.

NAFISI S. Tolerance in Islam. Theological Studies, 2018, 74(3): 1-7.

ALTAWYAN A. The legal system of the Saudi judiciary and the possible effects on reinforcement and enforcement of commercial arbitration. Journal of Social Sciences and Education, 2017, 10: 269-288.

WILSON T. and SAHAB D. Saudi Arabia. De Gruyter, 2021: 849-868.


Refbacks

  • There are currently no refbacks.