Ta'zir and Restorative Justice: Alternative Punishments from an Islamic Perspective

Abstract

This study examines ta'zir punishment as a form of punishment in Islamic law that is adaptive and upholds humanitarian values. The study was conducted using a qualitative, descriptive, and normative approach, through a literature review of primary sources such as the Qur'an, Hadith, and works of previous scholars, supported by contemporary academic literature. The findings show that ta'zir punishment is imposed on violations that are not expressly regulated in the holy text, with the determination of sanctions left to the judge's consideration through ijtihad, referring to justice, public interest, and social context. This concept emphasizes the importance of personalizing punishment, orientation towards the recovery of the perpetrator, and balance between action and sanctions, so it is in line with the restorative justice approach in the current criminal system. The conclusion of this study confirms that the principles of ta'zir can inspire modern criminal law reform, especially for cases that require non-punitive handling, as long as they adhere to the principles of legality and respect for human rights.