Research Handbook on Islamic Law and Society
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Research Handbook on Islamic Law and Society

Edited by Nadirsyah Hosen

The Research Handbook on Islamic Law and Society provides an examination of the role of Islamic law as it applies in Muslim and non-Muslim societies through legislation, fatwa, court cases, sermons, media, or scholarly debate. It illuminates the intersection of social, political, economic and cultural factors that inform Islamic Law across a number of jurisdictions. Chapters evaluate when and how actors and institutions have turned to Islamic law to address problems faced by societies in Muslim and, in some cases, Western states.
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Chapter 10: Restorative justice in Islamic law: application in Malaysian legal history and the criminal justice system

Hanifah Haydar Ali Tajuddin, Nasimah Hussin and Majdah Zawawi

Abstract

This chapter focuses on Shari’ah, criminal law and restorative justice in Malaysia. As the objective of the chapter is to suggest the inclusion of restorative justice principles into the Malaysian criminal justice system, analysis is made into the country’s legal history, in particular the Laws of Malacca to trace the existing restorative principles in it. Furthermore, as the country recognises Shariah law to certain extent, analysis on the existing restorative justice principles in the Islamic law is also carried out. This is in order to further strengthen the possibility of incorporating the principles of restorative justice in the country’s criminal justice system.

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