Document Type : Research Article
Authors
1 M A in Criminal Law and Criminology, Faculty of Literature and Humanities, University of Guilan, Rasht, Iran.
2 Associate Professor, Department of Law, Faculty of Literature and Humanities, University of Guilan, Rasht, Iran.
Abstract
One of the fundamental challenges in criminal policy is how to design responses to offenses and the effectiveness or efficiency of such responses. Restorative justice, as a novel paradigm in criminal policy and penal philosophy, emphasizes the participation of the offender, the victim, and the local community, favoring dialogue-based responses that focus on social reintegration of the offender and repair of the victim’s harm. In this context, Quranic teachings, by presenting diverse models of wrongdoers and repentant individuals, provide valuable insights for reconsidering modern approaches to criminal justice, particularly restorative justice. The present study examines the social reintegration of offenders through the lens of restorative justice by analyzing selected Quranic narratives. This study employs a descriptive–analytical methodology, drawing on exegetical, jurisprudential, and criminological sources, as well as content analysis of selected Quranic stories. The findings indicate that the Quranic narratives present different models of reintegration and its obstacles. For instance, Cain, due to a lack of responsibility and constructive remorse, represents a complete blockage of reintegration and restoration. Pharaoh, relying on despotic power and expressing belated remorse, illustrates another case of the failure of restorative strategies at the micro level. In contrast, the story of the People of Jonah presents a successful model of social reintegration at the collective level by collective acceptance of fault, repentance and constructive shame. As a result, according to the three quranic narratives it can be said that conditions of success or fail of restorative justice do not depend on a single factor. Internal Factors, including responsivity, constructive shame and acceptance of faut along with social factors, including the presence of restorative institutions, the atmosphere of pardon and collective collaboration along with structural factors like explicit warning of divine prophets all facilitate or prevent the way through rehabilitation and restorative justice.
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