The concept and scope of restorative justice for juveniles According to the Islamic and Jordanian Legislations
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.
Muhammad al - Tarawneh, Issa Al - Marazeeq, Criminal Justice for Juveniles in Jordan, research submitted to the National Center for Human Rights, 2013.
Ma'touq Ala, The Restorativ Justice for Juveniles in Jordanian Legislations and their Compatibility with International Principles and Standards, Master Thesis, Amman Arab University, Amman, 2013.
Abdelhak Kourtini, restorative justice as a modern concept of juvenile criminal justice in Morocco, Electronic Journal of Legal Research, No. 2, 2018.
Hamdan Issa Al - Rahmanah, the possibility of applying restorative justice to reduce juvenile delinquency in Jordan, Master Thesis, Amman Arab University, Amman, 2014 .
Ghassan Rabah, Rights of Juveniles in conflict with the law or at risk of delinquency, Beirut, Al - Halabi Legal Publications, 2005.
Suhair Al - Toubasi, an analytical study from the reality of practical application compared to international agreements, workshop at the Mizan Foundation, Amman, 2004.
Amani Muhammad Abd al - Rahman al - Masa`id, the modern concept of juvenile criminal justice, thesis, Birzeit University, 2014.
Ahmad Diauddin Khalil, Rights of Convict in the Stage of Execution of Criminal Judgment, Police Research Center Magazine, Police Academy, Cairo No. 15, 1999.
Mustafa Al-Awaji, Social Rehabilitation in Penal Institutions, Bahsoun Foundation for Publishing and Distribution, Cairo, 1993.
Mahmoud Naguib Hosni, Explanation of the Penal Code, Arab Renaissance House, Cairo, 1969.
Ahmad bin Muhammad bin Hanbal, Abu Abdullah (died: 241 AH), Musnad of Imam Ahmad bin Hanbal, Edition: First, 1421 AH - 2001. AD, Verified by: Shuaib Al - Arnaout - Adel Murshid, and others, Al - Risala Foundation.
Al - Kasani, Aladdin, Abu Bakr bin Masoud bin Ahmed Al - Hanafi (died: 587 AH), Bada'i' al - Sana'i' fi Tartib al - Shara'i' (Unseen artistry in the arrangement of the religious - legal regulations ) , Edition: Second , 1406 AH - 1986 AD , Scientific Books House .
Al - Bhouti, Mansour bin Yunus bin Salahuddin Ibn Hassan bin Idris Al - Hanbali (died: 1051 AH), Kashshaf al - qina an matn al - iqna, Dar Al - Kutub Al – Alami.
Ministry of Awqaf and Islamic Affairs - Kuwait, Kuwaiti Jurisprudential Encyclopedia, from (1404 - 1427 AH), Volumes: (1 – 23), the second edition, Dar Al Salasil - Kuwait, Volumes (24 – 38): the first edition, Dar Al - Safwa for Printing - Egypt, Volumes (39 - 45): Second Edition, Printed by the Ministry).
Al - Hamdani, Shahla Jassem Muhammad, Penal Liability of Children between Islamic Shar’ia and International Law, MA Thesis, 2014 - 2015, University of the Middle East .
Al - Bhuti, Mansour bin Younis bin Salahuddin Ibn Hassan bin Idris Al - Hanbali (died: 1051 AH), Kashshaf al - qina an matn al - iqna, Dar Al - Kutub Al – Alami.
Al - Sherbiny , Shams al - Din , Muhammad ibn Ahmad al - Khatib al - Shafi’i (died: 977 AH ) , Mughni al - Muhtaj ila Ma'rifat Ma'ani alfaz al - Minhaj . Beirut, Lebanon: Dar al - Kutub al - 'Ilmiyyah, Edition: First, 1415 AH - 1994 AD.
Al - Kasani, Aladdin, Abu Bakr bin Masoud bin Ahmed Al - Hanafi (died: 587 AH), Bada'i' al - Sana'i' fi Tartib al - Shara'i' (Unseen artistry in the arrangement of the religious - legal regulations), Edition: 1406 AH - 1986 AD, Dar al - Kutub al - 'Ilmiyyah / House of Scientific Books.
This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.