The concept and scope of restorative justice for juveniles According to the Islamic and Jordanian Legislations

  • Ebtisam Al-Saleh, Dr. Assistant Professor, Amman Arab University, Jordan
  • Kefah Al-Soury, Dr. Assistant Professor, Amman Arab University, Jordan
  • Hanan Al-Daher, Dr. Assistant Professor, The World Islamic Sciences & Education (WISE), Jordan http://orcid.org/0000-0002-8064-6842

Abstract

The adoption of the restorative justice approach is more appropriate for the children in conflict with the law and more sensitive to achieving their best interests and rehabilitating them to facilitate their reintegration into society again  ( socializing ),  and to play a constructive role in the society,  and not to return to violating the law again,  unlike the traditional policy in the criminal justice,  which did not give the sufficient weight to the personal and objective circumstances of the child ,  and it focused on the punishment and criminalization for every wrongful act without looking at restorative  alternatives to the convicted child . The restorative justice, therefore, is an alternative approach to the ordinary criminal procedure in certain cases. The judicial system is not the only procedure that must address the phenomenon of children in conflict with the law in all cases.   In certain cases, it is better to conduct a dialogue and mediation between the perpetrators and the victims, with the aim of reaching to repair the harm and to rehabilitate the perpetrators (children) according to the measures outside the judicial system.  This is what Islamic Shari’a called fourteen centuries ago.  The Shari’a (Islamic Law) defined the criminal reconciliation and approved it as one of the most serious types of crimes against the self by the adult, as it has indicated.  According to the Shari’a, the juvenile, whether he is cognizant or not of, is not criminally responsible for the violations he commits nor a case will be filed against him and no penal action will be taken against him.

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Author Biographies

Ebtisam Al-Saleh, Dr., Assistant Professor, Amman Arab University, Jordan

Dr. Ibtisam Mousa Saeed Saleh, Assistant Professor in Amman Arab University since Oct. 2017 till now.

Got the M.Sc. in Criminal Justice from Mutah University /Jordan in 2011, and the Ph.D. in Law (Criminal Law) from World Islamic Sciences and Education University/Jordan in 2014.

Kefah Al-Soury, Dr., Assistant Professor, Amman Arab University, Jordan

Dr. Kefah Abdulqader Ahmad Al Souri, Assistant Professor in Amman Arab University since Oct. 2018 till now. Got the PhD in the philosophy from University of Jordan 2004/2005: Rules of financial capital in the companies from an Islamic point of view, and got the Master degree in Islamic studies from University of Jordan 1995/1996: Fraud and its affection on agreements.

Hanan Al-Daher, Dr., Assistant Professor, The World Islamic Sciences & Education (WISE), Jordan

Dr. Hanan Rateb Al- Daher, Assistant Professor in World Islamic Sciences and Education University. Got the M.Sc. in public Law/ criminal law from Al -Albayet University /Jordan in 2003, and the Ph.D. in Law (Criminal Law) from Amman Arab University/Jordan in 2011.

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Published
2020-04-01
How to Cite
AL-SALEH, Ebtisam; AL-SOURY, Kefah; AL-DAHER, Hanan. The concept and scope of restorative justice for juveniles According to the Islamic and Jordanian Legislations. Journal of Social Sciences (COES&RJ-JSS), [S.l.], v. 9, n. 2, p. 482-504, apr. 2020. ISSN 2305-9249. Available at: <http://centreofexcellence.net/index.php/JSS/article/view/jss.2020.9.2.482.504>. Date accessed: 05 june 2020. doi: https://doi.org/10.25255/jss.2020.9.2.482.504.
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