The Reciprocal Relationship Between Muslims and Zoroastrians During the Rashidun Caliphate

Abstract

Restorative justice is a philosophical framework that offers a different perspective on crime and criminal justice. It presents a new way of thinking about crime and how to respond to it. In other words, restorative justice is a process by which the parties involved decide how to address the consequences of a specific crime. Furthermore, restorative justice seeks to repair what has been violated. It is a form of justice (pertaining to criminal matters) based on "reparation," meaning that efforts should be made to repair the severe impacts of the crime and the resulting damages, either completely or symbolically. Since crime wounds the conscience of society, the justice system aims to mend the damages caused, and the parties are allowed to participate in this process. Retributive justice, which focuses on the crime, and rehabilitative justice, which focuses on the offender, are both known as the classic or traditional models of criminal justice. In recent decades, they have faced various criticisms regarding their efficiency and performance. The traditional (classic) criminal justice system faces significant limitations and challenges, increasing the demand for its reform and change. Both nationally and internationally, this system encounters fundamental criticisms. Some criminologists and jurists have sought to replace the classic criminal justice system, introducing a new system called "restorative justice" into the fields of criminology and criminal law. Restorative justice is a new and yet ancient and deep-rooted model of criminal justice that has been revitalized since the 1970s and 1980s. According to scholars, the inclination towards restorative justice in recent decades is due to the criminal justice system's inability to control delinquency through both retribution and rehabilitation, highlighted by the sudden and regrettable increase in crime rates. This raised fundamental questions about the traditional criminal justice system's and governments' capacity to control delinquency. Moreover, government officials have realized that crime control extends beyond the capabilities of the state in two significant and distinct ways: 1) The capacity of state criminal justice institutions is severely limited, and 2) there are control mechanisms that operate outside state boundaries and are somewhat independent of state policies. These challenges have led to the creation and development of alternative methods and a redefinition of the state's role in criminal justice. Critics believe that retributive criminal justice has neglected or at least not given adequate roles to the victim, the offender, and society in favor of public authority through criminal laws. This research employs an analytical-descriptive methodology, is of an applied nature, and utilizes laws, regulations, and library resources, also having an educational aspect. The results indicate the necessity of replacing classic criminal justice with restorative justice by examining the mechanisms related to the administration of justice by relevant national and international institutions, particularly the United Nations, and national efforts in most countries. According to its proponents, restorative justice can resolve the conflict arising from the crime, as well as the resulting hostility, tension, and conflict between the victim and the offender within the community framework through mediation, negotiation, collective reconciliation, and various methods of repair and restoration.