Restorative Paradigm in Jinayah Law: Reconstructing Islamic Penal Ethics in the Framework of Contemporary Social Justice

Abstract

The paradigm of criminal law in Islamic tradition has often been understood in a retributive and textual manner, leading to tensions when confronted with demands for social justice and human rights in the contemporary era. This study aims to reconstruct Islamic penal ethics through a restorative approach that is more relevant to modern social dynamics, without compromising the authenticity of Sharia law. Using a qualitative method based on a critical literature review of primary sources of fiqh, maqashid al-shari'ah, and contemporary legal literature, this study produced three main findings: first, Islamic penal ethics are normatively comprehensive and dynamic, allowing for a restorative approach through the values of islah, 'afw, and rahmah; second, the reconstruction of hudud, qishash, and ta’zir laws shows that there is legal and moral space for non-retributive resolutions such as mediation, forgiveness, and rehabilitation; and third, the application of the restorative model can integrate Islamic social justice values with human rights principles by involving civil society and addressing the structural roots of crime such as poverty and social exclusion. These findings underscore the urgency of reforming Islamic criminal law to be more humane, inclusive, and transformative within the framework of contemporary social justice.