Islam And Transitional Justice
Transitional Justice in the Islamic Shari’a:
Principles, Mechanisms and Historical Role in Somalia1
Dr. Abdurahman Abdullahi “Baadiyow”2
“The recompense for an injury is an injury equal thereto (in degree): but if a person forgives and makes reconciliation, his reward is due from Allah….But indeed if any show patience and forgive, that would truly be an exercise of courageous will and resolution in the conduct of affairs” (The Qur’an 42-40-43).
Introduction
Transitional Justice (TJ) attracts scholarly studies and is a growing field in the Islamic Shari’a. Islam, being a comprehensive religion, has addressed TJ in its basic sources: The Qur’an and Prophetic traditions. For instance, the above stated verse is one of numerous verses in the Qur’an that lays the foundation of the concept of TJ. The vocabulary of “recompense for an injury is an injury,” “forgiveness” and “reconciliation” are the core TJ mechanisms. Moreover, establishing justice on earth is the supreme purpose of Islam and the rationale for revealed divine books and sent messengers, as expressed in the following Qur’anic verse: “We sent aforetime our apostles with Clear Signs and sent down with them the Book and the Balance (of Right and Wrong), that men may stand forth in justice; …” (The Qur’an 57: 25).3 Thus, the concept of justice in Islam is rooted in the divinely revealed laws termed as Shari’a, which are obligatory and binding on all believers.4 Accordingly, Muslims are required to obey Allah, His prophets and their leaders who follow Shari’a principles. In case of disagreement and conflict, adjudication should be made in accordance with Shari’a principles and guidance. This concept is straightforwardly expressed in the following Qur’anic verse:
O ye who believe! Obey Allah, and obey the Messenger, and those charged with authority among you. If ye differ in anything among yourselves, refer it to Allah and His Messenger, if ye do believe in Allah and the Last Day: That is
Principles, Mechanisms and Historical Role in Somalia1
Dr. Abdurahman Abdullahi “Baadiyow”2
“The recompense for an injury is an injury equal thereto (in degree): but if a person forgives and makes reconciliation, his reward is due from Allah….But indeed if any show patience and forgive, that would truly be an exercise of courageous will and resolution in the conduct of affairs” (The Qur’an 42-40-43).
Introduction
Transitional Justice (TJ) attracts scholarly studies and is a growing field in the Islamic Shari’a. Islam, being a comprehensive religion, has addressed TJ in its basic sources: The Qur’an and Prophetic traditions. For instance, the above stated verse is one of numerous verses in the Qur’an that lays the foundation of the concept of TJ. The vocabulary of “recompense for an injury is an injury,” “forgiveness” and “reconciliation” are the core TJ mechanisms. Moreover, establishing justice on earth is the supreme purpose of Islam and the rationale for revealed divine books and sent messengers, as expressed in the following Qur’anic verse: “We sent aforetime our apostles with Clear Signs and sent down with them the Book and the Balance (of Right and Wrong), that men may stand forth in justice; …” (The Qur’an 57: 25).3 Thus, the concept of justice in Islam is rooted in the divinely revealed laws termed as Shari’a, which are obligatory and binding on all believers.4 Accordingly, Muslims are required to obey Allah, His prophets and their leaders who follow Shari’a principles. In case of disagreement and conflict, adjudication should be made in accordance with Shari’a principles and guidance. This concept is straightforwardly expressed in the following Qur’anic verse:
O ye who believe! Obey Allah, and obey the Messenger, and those charged with authority among you. If ye differ in anything among yourselves, refer it to Allah and His Messenger, if ye do believe in Allah and the Last Day: That is
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