RESTORATIVE JUSTICE IN THE CRIMINAL JUSTICE SYSTEM, A NORMATIVE ANALYSIS FROM THE PERSPECTIVE OF ISLAMIC LAW

Abstract

This study aims to analyze the concept of restorative justice in the criminal justice system and examine its normative relevance from an Islamic legal perspective. The main focus of the study is directed at identifying the intersection and conceptual boundaries between the restorative approach in modern law and the principles of Islamic criminal law. The method used is normative juridical research with a conceptual and comparative approach, through a review of primary and secondary legal materials, including legislation, academic literature, and sources of Islamic law such as the Qur'an and hadith. The analysis was conducted qualitatively using deductive-inductive reasoning as well as systematic and teleological interpretation. The results of the study indicate that restorative justice has partial compatibility with Islamic criminal law, especially in the realm of qisas-diyat and ta'zir which open up space for forgiveness and consensus-based resolution. However, in the category of hudud, the restorative approach faces relatively clear normative boundaries. These findings emphasize that the integration of restorative justice into an Islamic legal perspective cannot be done comprehensively, but rather selectively by considering the normative framework of each system. The impact of this research lies in its contribution to enriching the discourse on criminal law, particularly in formulating a more contextual approach to justice, as well as providing a conceptual basis for the development of legal policies that are responsive to the needs of society without ignoring prevailing normative values