Ensuring Restorative Justice Through Penal Mediation in Indonesia:

An Examination from the Perspective of Islah (Reformation) in Islamic Criminal Law

Joko Sriwidodo

 

Abstract: Punishments in Islamic criminal law can take the form of jilid (caning punishment), qisas (retaliatory punishment), diyat (payment of a fine) and ta’zir (discretionary punishment), and exile or the death penalty. However, the concept of islah (reformation) introduced by Islamic law, which is not frequently discussed in the existing literature on Islamic criminal law, also promotes the idea of restorative justice or a recovery process between perpetrators and victims through means which are similar to contemporary penal mediation. This article argues that the purpose of mediation in Islamic criminal law is to ensure peace and islah between perpetrators, victims, law enforcement officials, and the wider community. Islah in Islamic law requires repairing, reconciling, and eliminating disputes or damage, as well as creating peace and harmony. The mediation process applies to qisas and ta’zir which are related to human rights as compared to other forms of Islamic criminal law emphasises on islah and encourages peace and forgiveness through, the concepts of "mediation" and "reconciliation" where all the stakeholder, and the wider community participate directly in resolving criminal cases.