Relevant bibliographies by topics / Mediation and conciliation, Criminal (Islamic law)

Academic literature on the topic 'Mediation and conciliation, Criminal (Islamic law)'

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Published: 25 July 2024
Last updated: 26 July 2024

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Journal articles on the topic "Mediation and conciliation, Criminal (Islamic law)"

1

Jami, Fatemeh Esmaeili, Hossein Ahmari, and Mojtaba Zahedian. "Jurisprudential and legal study of mediation and its impact on Iran-Saudi Arabia relations." Revista do Curso de Direito do UNIFOR 11, no. 2 (October 30, 2020): 1–20. http://dx.doi.org/10.24862/rcdu.v11i2.1260.

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Preparing the ground for peace and reconciliation through mediation is a common practice in international law. The Criminal Justice System uses mediation to resolve the conflict between governments and achieve a criminal justice system, which is far from common formalities in criminal and civil arbitration. Given the inefficiency of international courts and lack of guarantee of performance of the penalties imposed by these courts, alternative solutions such as peace and conciliation and mediation have been proposed to resolve international disputes. In jurisprudential terms, numerous verses and narratives about peace, reconciliation and mediation have been provided and this method of conflict resolution has been fully endorsed by the jurisprudents of the Islamic religions. The main purpose of this study is to identify the status of mediation in jurisprudential and legal terms as one of the methods of resolving conflicts between governments, whose role in Iran-Saudi Arabia relations will be investigated with respect to the disputes between the two countries, especially in recent years.
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Laksminarti, Laksminarti. "Rekonstruksi Hukum Mediasi Penal Sebagai Alternatif Penyelesaian Perkara Tindak Pidana Lingkungan Hidup Berbasis Keberlanjutan Lingkungan." Pencerah Publik 6, no. 2 (October 16, 2019): 1–8. http://dx.doi.org/10.33084/pencerah.v6i2.1062.

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This research aims to obtain an overview of the construction of the Law on the mediation of penal as an alternative to environmental criminal action-based sustainability. In environmental matters, about the criminal environment, the legislation does not provide an ADR (Alternative Dispute Resolution) opportunity in which the parties are permitted to choose a dispute resolution Through negotiations, mediation, and conciliation. This is contained in article 85 paragraph (2) of UUPPLH stating that the settlement of disputes outside the courts does not apply to environmental criminal acts as provided for in this law. This condition of enforcement gives birth to a variety of thoughts that give alternative crime settlement of criminal act outside the Court of mediation of penal. Using a descriptive analysis obtained the idea that to conduct mediation of the penal as an alternative criminal settlement, it is necessary to reform criminal legal structure. The results of the research show that criminal law reconstruction is necessary considering that the institution of Penal mediation organizers has not been contained in the current structure of criminal law. Constructing Penal mediation as an alternative to settlement of Environmental criminal act into the criminal law system in Indonesia is expected to provide improvement and progress in environmental law enforcement. That the settlement of environmental criminal acts through Penal mediation as part of the criminal law system, requires the arrangement in legal science legislation that tends to be critical and has characteristic Personality as "sociological jurisprudence".
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Fomina, T. H. "International Standards of Implementing Mediation within Criminal Proceedings and the State of Its Realization in Ukraine." Bulletin of Kharkiv National University of Internal Affairs 93, no. 2 (July 2, 2021): 313–23. http://dx.doi.org/10.32631/v.2021.2.28.

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International standards for mediation in criminal proceedings have been defined; the process of development of the institution of mediation in criminal proceedings in Ukraine has been characterized; propositions on improving the procedure for mediation in criminal proceedings have been expressed. It has been established that the introduction of mediation in criminal proceedings, as a necessary condition for the development of the national legal system, was reflected in many international legal instruments that Ukraine had undertaken to execute. The traditional system of criminal justice cannot offer an effective solution to the problem of dealing with persons who committed a criminal offense. It has been proved that the urgent need of our state is to create new effective alternatives to official criminal prosecution, in particular mediation. The analysis of legislative activity on introducing mediation in Ukraine has been carried out. Representatives of the legislative initiative on the need to consolidate the possibility of conducting a mediation procedure at the legislative level by adopting the draft Law of Ukraine “On Mediation” dated from May 19, 2020 No. 3504 in the second reading. It has been defined that mediation in Ukraine is not fully implemented, since there is no legal basis. At the same time, some measures have been implemented in Ukraine to introduce mediation in criminal proceedings. Thus, the Criminal Procedural Code of Ukraine provides the possibility of concluding a conciliation agreement between the victim and the suspect, the accused. At the same time, allowing the possibility of concluding a conciliation agreement, the criminal procedural legislation does not directly regulate the mediation procedure. It has been substantiated that the procedure for mediation during criminal proceedings should be regulated by: 1) adoption of the Law of Ukraine “On Mediation”; 2) making systemic amendments to the Criminal Procedural Code of Ukraine. Particular attention has been paid to the fact that, despite the lack of a legal basis, our country has experience in applying the mediation procedure in criminal proceedings. Starting from 2019, two pilot projects have been implementing in Ukraine, which demonstrated positive results in this direction: “Restorative Program of Juveniles Suspected in Committing a Criminal Offense” and “Implementation of Restorative Justice in Ukraine”. The results of the implementation of these projects have proved that the mediation procedure has indisputable advantages over punitive justice.
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Rizal, Moch Choirul. "MEDIASI PENAL PERSPEKTIF HUKUM PIDANA ISLAM." ULUL ALBAB Jurnal Studi Islam 18, no. 1 (July 31, 2017): 43. http://dx.doi.org/10.18860/ua.v18i1.4098.

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<p>This conceptual study is to review two things. First, the penal mediation concept in perspective of Islamic criminal law. By outlining penal mediation as an alternative to the settlement of a criminal case out of court through a voluntary agreement between the victim and the perpetrator, then, at least, it is in accord with the concept of qishash-diyat and its punishment. Second, the contribution of the core idea of mediation penal in perspective of Islamic criminal law is for criminal law reform in Indonesia. In a review of these studies, the core idea of mediation penal in Islamic criminal law perspective fulfills the philosophical, juridical, and sociological aspects, so that the criminal law reform led to the strengthening and optimizing the penal mediation as an alternative to the settlement of the criminal case. The core ideas are: (1) the existence of penal mediation is necessary to set up first by legislation in Indonesia; (2) not all criminal offenses can be resolved through mediation penal; (3) there is no element of coercion on the involvement of both parties in conducting penal mediation; (4) the compensation agreed upon by the perpetrator and the victim or him/her family shall be given directly to victims or their families and not to the state; and (5) the completion of the criminal case by optimizing the penal mediation can abolish punishment for the perpetrators.</p>
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5

Rasyid, Abdul. "Relevance of Islamic Dispute Resolution Processes in Islamic Banking and Finance." Arab Law Quarterly 27, no. 4 (2013): 343–69. http://dx.doi.org/10.1163/15730255-12341267.

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Abstract In the Islamic legal system, the ways in which disputes are resolved generally fall under two categories. The first category is through litigation, namely in Islamic courts (al-qaḍāʾ or adjudication), and the second is through amicable means such as negotiation, conciliation and compromise (naṣīḥah or sincere advice), mediation (ṣulḥ), arbitration (taḥkīm), mediation along with arbitration (ṣulḥ and taḥkīm), an ombudsman (muḥtasib), expert determination (Mufti’s fatwā, pl. fatāwā), etc. These mechanisms are called alternative dispute resolution (ADR) that refers to a range of dispute resolution processes which are alternative to traditional litigation. Over time, the term ADR is now coming to mean ‘appropriate dispute resolution’ or the most appropriate resolution process in the given circumstances. One of the principal goals of ADR is to provide parties with choices for the effective and efficient resolution of disputes. The above-mentioned dispute resolution processes have different characteristics. This article will discuss only the relevant mechanisms with a view to examine how far they may be suitable to resolve Islamic banking and finance disputes effectively, cheaply and quickly.
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Zain, Irma Istihara. "MEDIATION OF CAR FINANCING OF ISLAMIC LAW PERSPECTIVE IN THE CONSUMER DISPUTE RESOLUTION AGENCY (BPSK) IN MATARAM CITY." Hukum Islam 20, no. 1 (July 27, 2020): 59. http://dx.doi.org/10.24014/jhi.v20i1.8406.

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Abstract: Consumer Dispute Resolution Agency (BPSK) has a role in protecting the rights of consumers when it appears, by completing the resolution of car financing through arbitration, conciliation and mediation. The objective of this research is to emphasize the mediation in car financing in Mataram, explained the causes of disputes arising in BPSK, explaining mediation in car financing in BPSK’s Mataram in perspective of Islamic law. This research conducted Qualitative research methods with a case approach. Settlement of the mediation in the financing of the car based on positive compensation in BPSK through requesting, meeting and termination of the Bank in the context of Islamic law prioritizing the rules of the car, based on the principles of compensation in BPS.Keywords: Mediation, Financing, Islam.
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7

Konstantinidis, Ioannis. "Book Review: Emilia Justyna Powell. Islamic Law and International Law: Peaceful Resolution of Disputes." International Review of Law 9, no. 1 (December 1, 2020): 246–49. http://dx.doi.org/10.29117/irl.2020.0098.

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The settlement of inter-state disputes is an integral part of the international legal system. The obligation of States to settle their disputes peacefully is enshrined in Article 2(3) of the Charter of United Nations. In turn, Article 33 of the Charter identifies different means that can be employed by United Nations Member States with a view to peacefully resolving inter-state disputes, including, inter alia, “negotiation, enquiry, mediation, conciliation, arbitration, judicial settlement”.
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Denisyuk, P. D. "Mediation in criminal proceedings." Uzhhorod National University Herald. Series: Law, no. 64 (August 14, 2021): 308–12. http://dx.doi.org/10.24144/2307-3322.2021.64.56.

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Іn the article the author investigates the institute of mediation, which acquires its development not only in civil and commercial proceedings, but also in criminal proceedings and is a manifestation of the concept of restorative justice. As a confirmation of the relevance of the research topic, judicial statistics of consideration of materials of criminal proceedings on the basis of agreements by courts of first instance are given, which confirms the necessity and importance of such a legal institution.The norms of international normative legal acts, where the institute of mediation was embodied, are analyzed. Also are considered the main provisions on the application of agreements in the criminal procedure legislation of Ukraine. It was stated that mediation is possible within the framework of the conciliation agreement.The opinion is expressed that the application of the relevant legal institution in criminal proceedings will facilitate the adoption of a special law «Mediation» and analyzed the lawmaking in this area. The next step could be amending the criminal procedure legislation of Ukraine. Number of issues need to be clarified, including: what will be the status of a mediator in criminal proceedings (his rights and responsibilities, guarantees of independence, etc.); what is the procedural order of mediation; what is the procedural form of completion of the mediation procedure and some others.Particular attention is paid to the definition of a person who can be a mediator and his legal status in criminal proceedings. The positions of scientists who believe that mediators can be prosecutors, lawyers and psychologists are considered. The opinion was expressed regarding the acquisition of special education by such a person and the acquisition of relevant knowledge and skills.It is concluded that the punitive-repressive approach to counteracting the commission of crimes is not effective enough, so it is necessary to introduce mechanisms of alternative conflict resolution procedures, in particular, medi-ation. At the same time, implementation of mediation requires further scientific reflection and discussion, as well as the political will of the legislator to adopt the relevant law and amend the criminal procedure legislation.
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Rafid A, Noercholis. "PENERAPAN RESTORATIVE JUSTICE TERHADAP TINDAK PIDANA PENCEMARAN NAMA BAIK DALAM HUKUM PIDANA ISLAM." Comparativa: Jurnal Ilmiah Perbandingan Mazhab dan Hukum 3, no. 1 (October 23, 2022): 71–87. http://dx.doi.org/10.24239/comparativa.v3i1.27.

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This research discusses the application of restorative justice to criminal defamation in Islamic criminal law. This research is a literature research that examines literature related to problems that are studied using normative theological approaches and juridical approaches. This study aims to elaborate and compare the application of restorative justice to criminal defamation in Islamic criminal law and national criminal law. The implication of this study is that the application of restorative justice to defamation crimes in Islamic criminal law is resolved by mediation (outside the court) first and then through the court channel.
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Ab Aziz, Norjihan, and Nasimah Hussin. "THE APPLICATION OF MEDIATION (SULH) IN ISLAMIC CRIMINAL LAW." Jurnal Syariah 24, no. 1 (July 13, 2017): 115–36. http://dx.doi.org/10.22452/js.vol24no1.5.

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Books on the topic "Mediation and conciliation, Criminal (Islamic law)"

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ʻAbd al-Raḥmān ʻĀṭif ʻAbd al-Raḥmān Aḥmad. al-Wisāṭah wa-dawruhā fī inhāʼ al-daʻwá al-jināʼīyah: Dirāsah muqāranah bayna al-qānūn al-waḍʻī wa-al-sharīʻah al-Islāmīyah. al-Qāhirah: al-Markaz al-ʻArabī lil-Nashr wa-al-Tawzīʻ, 2020.

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2

Ṭāhā Aḥmad Muḥammad ʻAbd al-ʻAlīm. al-Ṣulḥ al-jināʼī fī al-jarāʼim al-iqtiṣādīyah. 8th ed. al-Qāhirah: al-Hayʼah al-Miṣrīyah al-ʻĀmmah lil-Kitāb, 2021.

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3

Mahan, Sue. Restoring justice in Colombia: Conciliation in Equity. New York, NY: Palgrave Macmillan, 2013.

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4

Bonta, James. Restorative justice : an evaluation of the Restorative Resolutions Project =: La justice réparatrice : évaluation du Programme de solutions réparatrices. Ottawa, Ont: Solicitor General Canada = Solliciteur général Canada, 1998.

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Book chapters on the topic "Mediation and conciliation, Criminal (Islamic law)"

1

Powell, Emilia Justyna. "A Theory of Islamic Peaceful Resolution of Disputes." In Islamic Law and International Law, 125–63. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780190064631.003.0004.

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The theory of Islamic Peaceful Resolution of Disputes discusses four distinct legal features that define Islamic law states’ most preferred form of social interaction: a unique logic of Islamic justice, nonconfrontational dispute settlement (sulh), collective embeddedness of the third party, and incorporation of Islamic religious principles into the resolution process. The chapter describes characteristics of negotiations, international non-binding (conciliation, mediation) and binding methods (arbitration, adjudication). Islamic law states engage in forum shopping because of uncertainty associated with dispute resolution. Their preferences toward international resolution methods are not constant across space and time, but depend on the balance between Islamic law and secular law in their domestic legal systems. ILS whose legal systems are deeply infused with tenets of Islamic law embrace international settlement venues that resemble traditional Islamic law: conciliation and mediation. States whose domestic legal systems embrace secular features are drawn to binding resolution methods: arbitration and adjudication.
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Powell, Emilia Justyna. "Islamic Law States and Peaceful Resolution of Territorial Disputes." In Islamic Law and International Law, 164–201. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780190064631.003.0005.

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This chapter examines Islamic law states’ decisions to use international conflict management venues in the context of territorial disputes (1945–2012). The dissonance between Islamic law and international law is particularly apparent in the context of territorial claims, because Islamic notions of land ownership and territorial sovereignty are religious in nature. Not all ILS approach international conflict management in the same way. Secular—or rather shared—legal features, such as the presence of a secular court system and constitutional mentions of peaceful resolution of disputes, have the power to attract such ILS to legal approaches—arbitration and adjudication. In contrast, mediation and conciliation are most appealing to those ILS whose legal systems are deeply infused with traditional Islamic precepts. Such states are morally committed to these procedures. In an important way, there is a synergy between norms of traditional Islamic dispute resolution and international non-binding third-party mechanisms.
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Powell, Emilia Justyna. "Legal Schools and Regions." In Islamic Law and International Law, 239–71. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780190064631.003.0007.

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This chapter examines whether geographic location and Islamic schools of jurisprudence matter in how the Islamic milieu views international conflict management methods. The scholarly literature has been treading behind in pondering whether the regional particularities of the Middle East, Asia/Oceania, and Africa or the doctrines of specific Islamic schools of jurisprudence contribute to how the Islamic milieu perceives international conflict management. The empirical analyses (1945–2012) demonstrate that while subscribing to a specific school of Islamic jurisprudence has no bearing on ILS’ preferences with respect to international conflict management, regional differences seem to matter considerably in this regard. While the rise of nation-states has substantially weakened the position of Islamic legal schools on the axis of authority, regional customs and long-standing traditions continue to play a key role in these societies. The Middle Eastern states are more likely than other ILS to attempt mediation and conciliation in territorial disputes.
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Baderin, Mashood A. "9. Administration of justice." In Islamic Law: A Very Short Introduction, 123–31. Oxford University Press, 2021. http://dx.doi.org/10.1093/actrade/9780199665594.003.0009.

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‘Administration of justice’ examines the administration of justice under Islamic law, highlighting the importance of adjudication. The processes of administration of justice in Islamic law have never been static or inflexible but leave room for necessary refinement as the needs of substantive justice demand. Such refinements are left to the jurists and the relevant state authorities to decide in accordance with the sharīʻah. The jurisprudential rules relate to the appointment and role of judges, structure of courts and judicial procedure, rules of evidence, and appeals and judicial reviews. Islamic law also recognizes alternative non-judicial means of settling disputes, such as arbitration or mediation (tahkīm) and amicable settlement or conciliation (sulh).
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