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All Journal Al-Uslub: Journal of Arabic Linguistic and Literature Jurnal El-Thawalib Jurnal El-Thawalib
Muhammad Yusuf
UIN Sulthan Thaha Saifuddin Jambi
Religion Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice

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Restorative Justice in Islamic Criminal Law: A Comparative Study of Diyat and Modern Victimology Muhammad Jaelani; Fadhli Muhaimin Ishaq; Muhammad Yusuf
Jurnal El-Thawalib Vol 7, No 3 (2026)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v7i3.19666

Abstract

Contemporary criminal justice systems, largely influenced by retributive penal theory, have been criticized for their limited capacity to address victims’ interests. Indonesian positive law, including Law No. 31 of 2014 on the Protection of Witnesses and Victims and Law No. 20 of 2025 on Criminal Procedure Law, also continues to exhibit normative gaps in victim-centered justice mechanisms. This article examines diyat in fiqh jinayah as an instrument of restorative justice and analyzes its contribution to the development of Islamic victimology within contemporary criminal law. This study employs normative legal research using statutory, conceptual, and comparative approaches. Primary legal sources consist of the Qur’an, Hadith, and classical fiqh jinayah literature, while secondary sources include legislation, international legal instruments, books, and scholarly journal articles. Data were collected through library research and analyzed using qualitative descriptive and comparative methods. The study identifies four major contributions of diyat to contemporary victimology. First, diyat provides structural compensation guarantees through the institution of ‘aqilah, which distributes financial responsibility collectively. Second, it recognizes victim autonomy as a juridical right through haqq al-adami, granting determinative authority to victims or their legal heirs. Third, the mechanism of ‘afw (forgiveness) incorporates moral and relational restoration beyond conventional restitution. Fourth, diyat institutionalizes community participation through ‘aqilah and ‘asabiyyah (social solidarity). These principles constitute a coherent framework of Islamic victimology compatible with universal restorative justice principles and relevant to Indonesia’s criminal justice reform.
Restorative Justice in Islamic Criminal Law: A Comparative Study of Diyat and Modern Victimology Muhammad Jaelani; Fadhli Muhaimin Ishaq; Muhammad Yusuf
Jurnal El-Thawalib Vol 7, No 3 (2026)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v7i3.19666

Abstract

Contemporary criminal justice systems, largely influenced by retributive penal theory, have been criticized for their limited capacity to address victims’ interests. Indonesian positive law, including Law No. 31 of 2014 on the Protection of Witnesses and Victims and Law No. 20 of 2025 on Criminal Procedure Law, also continues to exhibit normative gaps in victim-centered justice mechanisms. This article examines diyat in fiqh jinayah as an instrument of restorative justice and analyzes its contribution to the development of Islamic victimology within contemporary criminal law. This study employs normative legal research using statutory, conceptual, and comparative approaches. Primary legal sources consist of the Qur’an, Hadith, and classical fiqh jinayah literature, while secondary sources include legislation, international legal instruments, books, and scholarly journal articles. Data were collected through library research and analyzed using qualitative descriptive and comparative methods. The study identifies four major contributions of diyat to contemporary victimology. First, diyat provides structural compensation guarantees through the institution of ‘aqilah, which distributes financial responsibility collectively. Second, it recognizes victim autonomy as a juridical right through haqq al-adami, granting determinative authority to victims or their legal heirs. Third, the mechanism of ‘afw (forgiveness) incorporates moral and relational restoration beyond conventional restitution. Fourth, diyat institutionalizes community participation through ‘aqilah and ‘asabiyyah (social solidarity). These principles constitute a coherent framework of Islamic victimology compatible with universal restorative justice principles and relevant to Indonesia’s criminal justice reform.
At-Tamyīz al-ʿIrqī Ḍidda al-Filasṭīniyyīn fī Fīlm 200 Metr li-Amīn Nāyifah (Dirāsah fī ʿIlm al-Adab al-Ijtimāʿī) Riki Amrullah; Muhammad Yusuf; Muttaki Muttaki
Al-Uslub: Journal of Arabic Linguistic and Literature Vol. 9 No. 02 (2025): Al-Uslub: Journal of Arabic Linguistic and Literature
Publisher : Jurusan Bahasa dan Sastra Arab Fakultas Adab dan Humaniora UIN Sulthan Thaha Saifuddin Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/al-uslub.v9i02.300

Abstract

This article is derived from an undergraduate thesis entitled At-Tamyīz al-ʿIrqī Ḍidda al-Filasṭīniyyīn fī Fīlm 200 Metr li-Amīn Nāyifah. The study aims to analyze forms of racial discrimination against Palestinians as represented in the film 200 Meter using the sociology of literature approach proposed by Alan Swingewood and supported by discrimination theory formulated by Fulthoni et al. This research employs a qualitative descriptive method with a library research design. The primary data source is the film 200 Meter, while secondary data include books, academic journals, and relevant reports. The findings reveal four main forms of discrimination: permit and labor discrimination, smuggling practices, discriminatory treatment at checkpoints and vehicles with Israeli license plates, and discrimination among Palestinians themselves. Furthermore, the film reflects social realities experienced by Palestinians, such as restrictions on movement, labor dependency, identity fragmentation, and systemic control. The study concludes that 200 Meter functions as a socio-literary reflection that critically represents Palestinian lived experiences under structural discrimination.
Co-Authors Fadhli Muhaimin Ishaq Muhammad Jaelani Muttaki Muttaki Riki Amrullah