La médiation pénale en droit islamique

Islamic law, in his share linked to the criminal field - that builds a total system where often the knowledge of crime corresponds to the idea of sin - has always paid great attention to the concept of jurisdiction, as well as his judicial branches and rules, in every aspect that goes from haqq Allah to haqq adami. By the way, it has already been present in the legal system the knowledge of criminal mediation, such as alternative to jurisdiction, even with his different gradations and borders. In particular, the reference goes to the ethic of peace and war, to settlement, to diya, to hiyal, and to the structure of rule of evidence in the enquiry for a criminal act. Moving from these ranks, the analysis necessarily arrives to the general theory on the function of punishment, referred to his particular islamical conception, to establish if those alternatives linked to criminal mediation are a jurisdiction ouster or have independent juridical dignity, furthermore organized into the peculiar concept of justice in islam.