Quranic Justice: Restorative, Not Retributive

• Quranic injunctions concerning homicide and bodily harm are restorative.

• Case of Malayali nurse Nimisha Priya in Yemen demonstrates the complexities of retributive justice in Muslim countries.

Legal Retribution and Compensation

• Legal retribution and compensation for murder existed centuries before Islam.

• The Quran made a reformative switch from retributive punishment to restorative justice.

• Shift promotes social harmony and quiet dignity.

Implications for Nimisha

• Quran’s appeal to give up retaliation pertains to intentional murder.

• Non-premeditated killing without malice aforethought prescribes only blood money, not a retaliatory death penalty.

Sectarian Jurisprudence and Islam

• Sectarian jurisprudence views Islam as a dogmatic religion dominated by male authority.

• This internal subversion coincided with the rise of post-Prophetic schools of religious thought.

• If Muslim theologians believe in the Quran’s opening statement, they must allow the merciful deen of Islam to prevail over their rigid juristic schools.