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	<title>involvement &#8211; Fountain Magazine</title>
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		<title>Utilizing Social Capital through Exemplary Leadership in Schools</title>
		<link>https://fountainmagazine.com/all-issues/2011/issue-81-may-june-2011/utilizing-social-capital-through-exemplary-leadership-in-schools/</link>
		
		<dc:creator><![CDATA[Louima Cunningham]]></dc:creator>
		<pubDate>Sun, 01 May 2011 00:00:00 +0000</pubDate>
				<category><![CDATA[Issue 81 (May - June 2011)]]></category>
		<category><![CDATA[capital]]></category>
		<category><![CDATA[challenge]]></category>
		<category><![CDATA[community]]></category>
		<category><![CDATA[Education]]></category>
		<category><![CDATA[educational]]></category>
		<category><![CDATA[Exemplary leadership]]></category>
		<category><![CDATA[involvement]]></category>
		<category><![CDATA[kouzes]]></category>
		<category><![CDATA[leaders]]></category>
		<category><![CDATA[leadership]]></category>
		<category><![CDATA[members]]></category>
		<category><![CDATA[people]]></category>
		<category><![CDATA[posner]]></category>
		<category><![CDATA[principals]]></category>
		<category><![CDATA[school]]></category>
		<category><![CDATA[schools]]></category>
		<category><![CDATA[social]]></category>
		<category><![CDATA[Social capital]]></category>
		<category><![CDATA[success]]></category>
		<category><![CDATA[teachers]]></category>
		<category><![CDATA[vision]]></category>
		<guid isPermaLink="false">http://107.21.79.195/all-issues/2011/issue-81-may-june-2011/utilizing-social-capital-through-exemplary-leadership-in-schools/</guid>

					<description><![CDATA[Introduction The United States and many other developed countries are becoming more multi cultural, multi ethnic, and multi racial than ever before. This may to a certain extent cause less communication, interconnectedness or dialogue between diverse individuals. This lack of communication and dialogue, especially in education, manifests itself as less participation and involvement, which negatively [&#8230;]]]></description>
										<content:encoded><![CDATA[<h3><b>Introduction</b></h3>
<p>The United States and many other developed countries are becoming more multi cultural, multi ethnic, and multi racial than ever before. This may to a certain extent cause less communication, interconnectedness or dialogue between diverse individuals. This lack of communication and dialogue, especially in education, manifests itself as less participation and involvement, which negatively affects educational success. Since educational success is highly associated with parental and community involvement, social capital plays a critical role in improving overall successes in education. Educators and policy makers should seek new ways and strategies to improve social capital with greater efficacy. This also includes reexamining leadership styles, practices and setting exemplary leadership frameworks.</p>
<h3><b>1. Social capital</b></h3>
<p>Due to the abstract nature of the concept, social capital is mostly defined by its functions or manifestations. In other words, definitions mostly answer the question of what social capital does rather than what it is. Don Cohen and Laurence Prusak (2001) refer to social capital as a dynamic and even organic phenomenon. Their approach also emphasizes social capital’s role and function, rather than social capital itself. They underline (1) how social capital works in organizations, (2) how investments are made in social capital, and (3) the return that these organizations and individuals experience from these investments (p. 3). In this framework, Cohen and Prusak (2001) offer the working definition of social capital as “the stock of active connections among people.” Yet, there seems to be a more concrete definition offered by The World Bank Social Capital Initiative (1998). According to The World Bank Social Capital Initiative, social capital is the “internal, social and cultural coherence of society, the norms and values that govern interactions among people and the institutions in which they are embedded” (p. iii). Thus, social capital is seen as the glue that holds societies together. Consequently. without social capital, society at large will collapse. Due to its importance, researchers from different fields, such including political science, economics and education, investigate social capital, as many people see social capital as a solution to persistent social problems.</p>
<h3><b>2. Social capital and education </b></h3>
<p>In the world of education, social capital is formed by social networks connecting families, schools and communities. In other words, parental and community involvement are the forms of social capital which are most associated with academic success. The World Bank (1998) argues that there is evidence that schools are more successful when parents and community members are actively involved. Discussions about school issues, parental monitoring, active tutoring, providing encouragement, attending school events, responding to school obligations, etc are all examples of parental involvement. Less effective community involvement examples include (1) supporting schools financially, (2) participating in school events, and (3) involving schools in community meetings. Community involvements render teachers more committed. Furthermore, it effects students’ general achievement, including achievement in reading, math, or other specific curricular areas, as well as IQ scores and an array of attitudinal and behavioral outcomes.</p>
<h3><b>3. Education and leadership </b></h3>
<p>Even a cursory review of the leadership literature reveals that there are multiple definitions of leadership, and these all arise from mainly different perceptions and specific disciplinary conceptualizations. For example, some authors choose to treat leadership as a psychological fact while others see it as sociological (Pierce &amp; Newstrom, 2008). In different disciplines, such as education or health, the definitions are based upon the references of that particular discipline. Therefore, a wide range of definitions of leadership are offered, but not a single model or term given. Accordingly, while some leadership approaches focus on the different characteristics between the followers and the leaders, others look at internal or external variables such as representation and effectiveness.</p>
<p>In education, leadership is mostly represented in schools by school administrations. Specifically, principals and teachers are expected to possess the leadership skills necessary to run their schools. Leadership practices are not only expectations but also obligations and requirements as part of the profession. This is especially true for principals. Since they form school policies, they’re considered critical for academic and disciplinary success.</p>
<p>Kouzes and Posner (2007) see the concept of leadership as a practice rather than as a personality type. After several case analyses, surveys and questionnaires, they uncovered five leadership practices common to personal-best leadership experiences as guidance for all leaders. These five practices of exemplary leadership are essentials and applicable for all leaders who want ot get extraordinary things done in organizations, including educational institutions. The five practices are: (1) modeling the way, (2) inspiring a shared vision, (3) challenging the process, (4) enabling others to act, and (5) encouraging the heart.</p>
<h3><b>4. Exemplary leadership, K-12 education, and social capital</b></h3>
<p>To improve and benefit from the existing social capital in a family, school and community, the five practices of leadership proposed by Kouzes and Posner may be implemented in K-12 institutions. Accordingly, this model may improve academic and disciplinary success in K-12 education. The following titles will focus on possible actions, attitudes or procedures to improve social capital as conducted by school principals and teachers.</p>
<h4><b>a. Model the way</b></h4>
<p>Behaviors are more important than the title that people carry in organizations. It is through behavior that people win the respect of other members of an organization. If leaders want to gain commitment and better standards, they must be models of the behavior they expect from others. Overall, leaders model the way (Kouzes &amp; Posner, 2007). School principals and teachers should act and behave in the best way possible, as exemplary models, towards colleagues, parents and community members if they wish to utilize and improve social capital. Modeling the way can be done by more involvement and participation in the activities organized in and out school. However, principals and teachers should prioritize their needs when they are choosing activities and events. For instance, different ethnic and cultural groups in a community can isolate themselves, since other members of the community may not want to communicate. Although these different groups may open their activities to all community members, lack of communication and dialogue creates isolation and, as explained before, cause lack of trust, reciprocal respect, interaction and safety, all of which are essential to building social capital. Thus, principals and teachers should prioritize communication and dialogue rather than basic social needs such as entertainment. Modeling the way can also include mutual family visits, joining social organizations and participating in community workshops, conferences and diversity meetings. In short, principals and teachers should represent – model the way – rather than present what social capital requires as a discourse.</p>
<h4><b>b. Inspire a shared vision </b></h4>
<p>Keenness, interest, diligence, inspiration, enthusiasm, dreams and imagination are essential factors for leaders in an organization (Kouzes &amp; Posner, 2007). When leaders are visionary, and if their visions are realistic and if they have confidence in their capacity and skill, remarkable achievement can be realized. According to Kouzes and Posner (2007), every organization and social movement begins with a dream. Dream is a force which helps shape the future. However, dreams cannot work alone and must be shared. Leaders with dreams, or even leaders with more tangible projects, may not initiate an organized movement or substantive change. People will not follow leaders unless they accept the vision or dream as their own. To do so, leaders need to inspire people to share their vision.</p>
<p>A shared vision is as important as modeling the way in the process to utilize and improve social capital. People need to be convinced about the benefits of social capital in academic and disciplinary success in schools. Since many studies (Dika &amp; Singh, 2002) show positive links between high social capital and overall success in K-12 education, making people believe in its benefits may not prove a difficult task for principals and teachers. However, a simple belief does not help much with improving social capital. Kouzes and Posner’s (2007) second practice of exemplary leadership, which is inspire a shared vision, might help leaders, principals and teachers achieve sufficient utilization and improvement in education. The visions and dreams may include (1) high involvement in activities and events, (2) strong connections with parents and community members, and (3) moral and financial support. The first step towards realizing such visions is telling them to the targeted individuals. The second is paralleling the visions with people’s expectations, hopes, and dreams. To do so, principals and teachers should engage in dialogue, not only with their colleagues, but also with parents and community members. The third involves further interaction and dialogue with people to amend or modify the vision for more effective utilization, if needed. Thus, plans and preparations for the planned goal or for the better utilization and improvement of social capital can be improved, and thus become more appealing.</p>
<h4><b>c. Challenge the process </b></h4>
<p>Leadership cases mostly involve a case of change or are perceived to be a challenge to the status quo. Studies done by Kouzes and Posner (2007) confirm this. For example, leaders may challenge a system, its processes or procedures so that they obtain new or better products, processes, services, systems, or outcomes. Challenge might involve an innovative product, a cutting-edge service, a revolutionary piece of legislation, or a reformed cadre of different personnel.</p>
<p>In a school environments, change and challenge occurs in and through the existing policies, internal culture and the status quo. To achieve a significant or better organized transformation, school leaders, primarily principals, happen to take risks. Change might be perceived as a challenge in different forms to the existing attitudes, means, methods and personnel. It might not be seen within the framework or practice of the existing action-plans that allege to benefit social capital within a community. By and large, attempts to improve or further utilize social capital can be perceived as a challenge if there is already some resistance to and confrontation with the rank-and-file towards the process of change and development in any community. As for schools, school leaders can challenge the attitudes and processes that are not effective and valuable for better social capital. Their action plans need to include overall participation, steady attendance, constant involvement, frequent visits and positive relations which would invoke further responses, participation, and contribution from individual families or lager communities. Challenging stagnant, unpromising, unproductive methods, means, or processes with a positive attitude is usually acknowledged as a needed form of action and practice towards achieving objectives.</p>
<h4><b>d. Enable others to act</b></h4>
<p>Leadership is about team work, and cannot be restricted to a small group of loyalists. It must include peers, managers, customers, clients, and citizens – all those who have a stake in the vision. The command-and-control techniques of the Industrial Revolution are no longer applicable. Leaders must work to make people feel strong, capable, and committed. They need to enable others to act and to participate in team efforts in order to accomplish either an organized movement or significant change (Kouzes &amp; Posner, 2007).</p>
<p>Kouzes and Posner’s fourth practice of exemplary leadership is an essential instrument, especially when a single person leads an activity or a project in an organization. This is true for schools principals. At schools, principals give direct orders to realize internal and external procedures. In many cases, teachers, parents, and community members fulfill or complete these orders without becoming a part of them. Teachers, parents, and community members need to be inspired and encouraged to feel like team members who can actively participate in utilizing and improving social capital for their schools. For instance, teachers should be able to contribute to an event organization not only as guests but also as team members who arrange the event. Parents and community members should also be enabled to work as team members working towards improvements or success. Rather than simply participate, they can get involved in the events and organizations, at least to a certain extent, as controllers, coordinators, sponsors, or organizers. This simple involvement naturally attracts and increases the level of interest in school and overall education by society at large, and of course results in the improvement and utilization of social capital accordingly.</p>
<h4><b>e. Encourage the heart</b></h4>
<p>Encouraging the heart is another practice of exemplary leadership offered by Kouzes and Posner (2007). It is essential for leaders, because people get exhausted, frustrated, disenchanted, and often temped to give up. Leaders encourage the hearts of their constituents to carry on. Encouragement may come in many forms, ranging from dramatic gestures to simple actions. For instance, in recognition of performance of the constituents, a simply participating in their celebrations encourages people’s hearts. Such simple actions show that their performance is recognized and appreciated by the leader (Kouzes &amp; Posner, 2007). .</p>
<p>Similar to principals, teachers, as leaders, also should encourage the hearts of their students and students’ parents. Teacher-parent contacts, interactions and dialogues should be accommodated between individuals for academic success and educational progress.</p>
<h3><b>Conclusion</b></h3>
<p>As argued, there are several factors that promote academic and disciplinary success in K-12 education. Educators, in most cases, have the initiative and inherent power to utilize and modify these factors. Social capital is one of these factors and has a critical role for the overall success in schools, especially in K-12 education. Statistics and research show positive links between improved social capital and educational success in the US and elsewhere.</p>
<p>Environments with improved social capital have better educational success, whereas low social capital environments have lower educational success, with high dropout rates and lower tests scores. Although studies clearly support the importance of developing social capital, further proposals, action plans, or practices are still needed to improve and utilize the social capital in K12 education. These proposals can be set by specific disciplines and also by interdisciplinary approaches, such as sociology, psychology, and education.</p>
<p><em>Erkan Acar is a PhD candidate in education at Marywood University, Pennsylvania.</em></p>
<h3><b>References</b></h3>
<ul>
<li>Cohen, D. &amp; Prusak, L. (2001). In good company. How social capital makes organizations work. Boston, MA: Harvard Business School Press.</li>
<li>Coleman, S., J., (1988). Social capital in the creation of human capital. The American Journal of Sociology, 94, (supplement) 95-120.</li>
<li>Dika, S.L. &amp; Singh, K., (2002). Applications of social capital in educational literature: A critical synthesis. Review of Educational Research, 72(1), 31-60.</li>
<li>Fukuyama, F., (1999). Social capital and civil society. Retrieved September, 1, 2008, from http://www.imf.org/external/pubs/ft/seminar/1999/reforms/fukuyama.html</li>
<li>Kao, G., (2004). Social capital and its relevance to minority and immigrant populations.</li>
<li>Sociology of Education, 77(2), 172-175.</li>
<li>Kouzes, J. M. &amp; Posner, B. Z., (2007). Leadership the challenge (5rd Ed.). San Francisco: John Wiley and Sons, Inc.</li>
<li>Pierce, J., L. &amp; Newstrom, J.,W., (2008). Leadership &amp; the leadership process: Readings, self-assessments &amp; applications (International Ed.). New York: McGraw-Hill.</li>
<li>The World Bank Social Capital Initiative, (1998). The initiative on defining, monitoring and measuring social capital. Social Capital Working Paper, 1.</li>
</ul>
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		<item>
		<title>Victim Rights in Islam and Western Legal Systems: A Comparative Anlysis</title>
		<link>https://fountainmagazine.com/all-issues/1999/issue-25-january-march-1999/victim-rights-in-islam-and-western-legal-systems-a-comparative-anlysis/</link>
		
		<dc:creator><![CDATA[Louima Cunningham]]></dc:creator>
		<pubDate>Fri, 01 Jan 1999 00:00:00 +0000</pubDate>
				<category><![CDATA[Issue 25 (January - March 1999)]]></category>
		<category><![CDATA[Belief]]></category>
		<category><![CDATA[crime]]></category>
		<category><![CDATA[criminal]]></category>
		<category><![CDATA[diyya]]></category>
		<category><![CDATA[forgive]]></category>
		<category><![CDATA[forgiveness]]></category>
		<category><![CDATA[involvement]]></category>
		<category><![CDATA[islam]]></category>
		<category><![CDATA[islamic]]></category>
		<category><![CDATA[law]]></category>
		<category><![CDATA[legal]]></category>
		<category><![CDATA[offender]]></category>
		<category><![CDATA[process]]></category>
		<category><![CDATA[punishment]]></category>
		<category><![CDATA[qisas]]></category>
		<category><![CDATA[qur’an]]></category>
		<category><![CDATA[retribution]]></category>
		<category><![CDATA[society]]></category>
		<category><![CDATA[system]]></category>
		<category><![CDATA[victim]]></category>
		<category><![CDATA[victims]]></category>
		<guid isPermaLink="false">http://107.21.79.195/all-issues/1999/issue-25-january-march-1999/victim-rights-in-islam-and-western-legal-systems-a-comparative-anlysis/</guid>

					<description><![CDATA[1. Individual and society as victim While it is true that crimes committed against an individual usually affect society as well, in many cases it is the victims whose rights are directly violated (Udeh 1990, p.l94). Since they suffer directly from the crime, they should have a role in the process of ‘punishment’ or ‘pardoning’, [&#8230;]]]></description>
										<content:encoded><![CDATA[<h3><b> 1. Individual and society as victim</b></h3>
<p>While it is true that crimes committed against an individual usually affect society as well, in many cases it is the victims whose rights are directly violated (Udeh 1990, p.l94). Since they suffer directly from the crime, they should have a role in the process of ‘punishment’ or ‘pardoning’, a process which concerns them, both physically and emotionally, at least as much as it concerns society. In modern Western legal systems, consideration of victims’ rights is a separate procedure from the punishment process. But a legal system that aims to compensate victims needs to consider ‘emotional’ as well as ‘material’ suffering.</p>
<p>Involvement of the victims in the punishment process should not be regarded simply as a means of giving them access to retaliation or retribution; it is also a highly effective means of emotional release for victims. Whatever punishment is decreed by the court, if the victims are not consulted, they may feel ‘let down’ by the system. Involving them can help restore credibility to the legal system, as well as having, in certain cultures, an extra deterrent affect on potential criminals.</p>
<h3><b>2. Offender and victim</b></h3>
<p>The concept of victim involvement is well established in the Islamic system, but is relatively new in the West and has not yet been systematically worked out. Until the 1990s, Western legal systems were primarily concerned with the rights of suspects and offenders. Since then, attention has increasingly been drawn to direct involvement of victims. A revised and strengthened Victim’s Charter was published in 1996 along with Guidance to Services from the Association of Chief Officers of Probation (ACOP, 1996). It envisages consultation of the victims before decisions are made about release conditions of offenders serving long sentences (see Nettleton et al., 1976, p.3). Some argued that providing information to victims about release plans for offenders could open the latter to (possibly violent) reprisal, (Kosh and Williams 1995, p.15) and in any case, had the offender not been punished already? On the victims’ side, Nettleton et al. (1997a) noted that: ‘&#8230; it was not uncommon for victims of serious offences to move house, even moving to a completely new area, on hearing that an offender was likely to be allowed to resettle in their mutual home area.’ In such a case the law effectively allows an offender to once more offend against the same victim.</p>
<h3><b> 3. Crimes committed against individuals and society</b></h3>
<p>Every crime which harms an individual may also harm the society. Depending on the level of injury to the individual or society, the punishment in the Islamic legal system is classified under three broad categories as hadd, ta’zir and qisas or diyya.</p>
<p>3. 1. Hadd, (‘limit’, ‘restrictive ordinance’) refers to the five offences of zina (‘fornication’ or ‘adultery’), ‘false accusation, ‘wine-drinking’, ‘theft’ and ‘highway robbery’ for which fixed penalties are laid down in the Shari‘a. Such acts are essentially regarded as crimes against God (Heyd, 1973, p.340). The punishment prescribed by the Law cannot be reduced or increased even in response to the promptings of compassion (Siddiqi 1979, p.8).</p>
<p>3. 2. Ta’zir is a discretionary punishment aimed at deterrence and, where that is appropriate, reform of the offender.</p>
<p>3. 3. Qisas is a divine ordinance restricting retribution to parity with the crime (life for life, injury for injury, etc.). Right of retribution may be waived in favour of blood-money or diyya (Heyd 1973, p.339); further, even this compensation may be waived by the victim in favour of outright forgiveness.. Yusuf Ali (1989, p.71) states that the translation ‘retaliation’ for qisas is incorrect. Retaliation carries the sense of returning evil for evil, which is what happened in the blood-feuds of the pre-Islamic period: the crime and its consequences were kept going by the feuds, not resolved and put an end to. Qisas means that one who has committed a particular crime may be lawfully punished in the same way and to the same degree as his crime, unless the victim (or representative of the victim) accepts compensation, or chooses outright forgiveness. Whether retribution or forgiveness is chosen, the aim is to close the circle on the crime, and not to let it persist.</p>
<h3><b>4. The involvement of the victim in the punishment process</b></h3>
<p>Of the three choices open to the victim, retribution, compensation, outright forgiveness, the Qur’an commends the Muslims to agree a settlement or to forgive the offender. The injured party (plaintiff or victim’s next of kin) is permitted to pardon the culprit altogether or to make a ‘settlement’ (sulh) with him (Heyd 1973, p.339), but retribution remains a legal right.</p>
<p>Western discussions of qisas translate it as retaliation, which connotes vindictiveness or revenge rather than redress of a wrong by equalizing the harm (Bassiouni 1982, p.203).</p>
<p>The Qur’an in this matter continues the tradition of the Judaeo-Christian teachings concerning law of eye for an eye, tooth for a tooth. As we noted, this law forbids the victim or victim’s family to demand more in punishment than was suffered. This practice proved its effectiveness in preserving social order in the early period of Islam when there was no organized system of criminal justice and penalties were carried out by the victim or victim’s family rather than by institutions and their official personnel (Bassiouni 1982, p.204).</p>
<p>One of the aims of qisas is to limit the consequences of certain categories of wrongdoing. Furthermore, some provisions in the Qur’an indicate that the retributive punishment must be inflicted in the manner least likely to aggravate the situation. The principle satisfies the general human need to have justice done on the perpetrator of crime while precluding unnecessary harm. That general human need can also be satisfied by the state or community acting for and on behalf of the victim, as most contemporary systems of criminal justice aspire to do.</p>
<p>The alternative penalty called diyya (or compensation) to be paid by the wrong-doer or his family to the victim or his/her family. Diyya is payable in certain cases of homicide and bodily harm upon a scale proportionate to the degree of incapacity or injury caused (Heyd, 1973: 338). The principle of diyya finds analogous expression in the contemporary science of victimology, whereby compensation emphasizes decriminalization of the act and compensation of the victim as an alternative to the traditional punishment of incarceration. As</p>
<p>between qisas and diyya, the Qur’an clearly commends the latter and forgiveness (2.178). The preference illustrates the bond of continuity between temporal law and religion since the forgiver will be rewarded in heaven, which, for a Muslim, is a much greater reward than any other. Thus, the combination of diyya and forgiveness produces a powerful material and spiritual inducement to forgo retribution (Bassiouni 1982, p.205). When the victim has the right and the choice to demand punishment or pardon the offender, in many cases, the victim chooses to forgive. One of the reasons behind this preference is that the victim believes that he will be rewarded by the God for his forgiveness.</p>
<p>Finally, critics of Islam wrongly imagine that punishments must be inflicted every day and on a mass scale. They also fancy that Islamic societies daily witness flogging, hand-cutting and stoning to death. The fact is that such deterrent punishments have been executed very rarely. For example, the punishment for theft was carried out only six times over a period of four hundred years-clear proof that such punishment was primarily meant to prevent crime (Siddiqi 1979, p.40).</p>
<h3><b> 5. The effects of the involvement of the victim</b></h3>
<p>The systematic involvement of the victim in the punishment process is unique to Islam. It makes two important contributions in the criminal justice field. Firstly, involvement of the victim appeases the victim who otherwise feels shunned or ignored by the legal system. It is the victim who suffers from the crime first, and therefore must have a say in the punishment or pardoning of the offender.</p>
<p>Secondly, the involvement of the victim in the punishment process may also have a deterrent effect on likely offenders. Some offenders may be happy to commit certain acts and face the legal punishment which sometimes, for them, may be a very short imprisonment. But if they believe that their victim(s) might have a say in the punishment which they face, this may deter them. We may also add, here, the spiritual and moral force of forgiveness, if that option is chosen by the victim or victim’s party, in inwardly reforming the offender through practical demonstration of unselfishness.</p>
<h3><b> 6. Forgiveness as an option</b></h3>
<p>There are many verses in the New Testament which urge, if not quite require, the victim to forgive the offender (Matthew 18. 21-35; Acts 13. 26- 39; Ephesians 4.32-32; Luke 6.27-31): ‘But I tell you who hear me: Love your enemies, do good to those who hate you, bless those who curse you, pray for those who ill-treat you. If someone strikes you on one cheek, turn him the other also. If someone takes your cloak, do not stop him taking your tunic’ (Luke 6. 27-29).</p>
<p>By contrast, the Qur’an commends but does not require the victim to forgive the aggressor: ‘O you who believe! The law of equality is prescribed to you in cases of murder; the free for the free, the slave for the slave, the women for the women, but if a remission is made by the brother of the slain, then grant any reasonable demand and compensate him with handsome gratitude. This is a concession and a mercy from your Lord. After this whoever exceeds the limits shall be in grave chastisement.’ (2.178)</p>
<p>The option to forgive is a right that belongs to the victim, not to the court. Most legal systems, if not all, do countenance, for particular reasons and in different ways, a reduction or even suspension of punishment. My argument, based upon the Qur’an, is that, just as victims may not demand a punishment greater than is prescribed by law, so too the court may not deny their right to either reduce the punishment prescribed or forgive the crime outright.</p>
<p>The New Testament, as we saw, requires Christians to forgive; no other option is sanctioned by the religion-not retribution, nor compensation-only forgiveness. In a famous text the ancient lex talionis is almost explicitly abrogated: ‘You have heard that it was said, “An eye for an eye and tooth for a tooth.” But now I tell you: do not take revenge on someone who wrongs you. If anyone slaps you on the right cheek, let him slap your left cheek too. And if someone takes you to court to sue for your shirt let him have your coat as well.’ (New Testament, 1976, p.14).</p>
<p>Is this a sustainable way for society to deal with crime, or to restore the moral and emotional order which crime violates? Legal punishment has its root in the natural impulse to revenge a wrong suffered. The impulse is gratified through retaliation by or on behalf of the victim. Later, this retaliation is taken on by the state on behalf of society in general and the victim in particular. Indeed, it has been argued that the state’s assumption of the function of revenge is what constituted the beginning of criminal law (Dakkak 1994:88).</p>
<p>Requiring the victim to forgive the aggressor outright without the option of a measured, legally defined, retribution, goes against human nature. It denies a vital need, individual and collective, for redress which has a deterrent function as well as a role in restoring a violated moral and emotional equilibrium. In sum, the human need for redress should not be left out any more than the human desire to forgive should be left out.</p>
<h3><b> Conclusion</b></h3>
<p>Modern Western legal systems are adapted to a philosophy that regards the individual’s life in this world as the be-all and end-all. Very often criminals are treated very leniently because, it is argued, they are victims of circumstances, psychological complexes, nervous disorders, beyond their control. This attitude is contrary to natural justice insofar as it denies to the victims of crime their need to forgive if they choose and are able, or to agree to a compensatory settlement, or to demand the prescribed punishment. Giving the victims a say in the punishment process, according to the Islamic pattern described above, returns to victims their rights and duties in a matter that directly concerns them, and concerns them most. It constitutes a major contribution to the field of victimology and is, characteristically of Islam, a supremely well-balanced approach. It is high time Western legal philosophy and procedures took note of it and learnt from it.</p>
<h3><b>References</b></h3>
<ul>
<li><em>A. John Simmons, Marshall Cohen, Joshua Cohen, Charles R. Beitz (eds) (1995) Punishment: </em>A Philosophy and Public Affairs Reader, Princeton University Press, New Jersey.</li>
<li>Abdul Qader Oudah Shaheed (1987) Criminal Law of Islam, vol.1, International Islamic Publishers, Karachi.</li>
<li>Abdulkadir Qdeh (1990) Mukayeseli Islam Hukuku ve Beseri Hukuk, Rehber Yayinlari, Ankara.</li>
<li>Abdullah Yusuf Ali (1989) The Holy Qur’an: Text, Translation and Commentary, Amana Corporation, Maryland.</li>
<li>Association of Chief Officers of Probation (1996) Probation Services and Victims of Crime, ACOP, Wakefield.</li>
<li>Hilary Nettleton, Sandra Walklate &amp; Brian Williams (1997a) Probation Training with the</li>
<li>Victim in Mind: Partnership, Values and Organizations, Keele University Press, Keele.</li>
<li>Hilary Nettleton, Sandra Walklate &amp; Brian Williams (1997b) ‘Three models of probation</li>
<li>involvement with victims of crime’, paper presented to the British Criminology Conference, Queen’s University of Belfast, 15-18 July 1997.</li>
<li>Kosh, M. and Wiliams, B. (1995) The Probation Service and Victims of Crime: A Pilot Study, Keele University Press, Keele.</li>
<li>M. Chertif Bassiouni, (ed.) (1982) The Islamic Criminal Justice System, Oceana Publications, Inc., New York.</li>
<li>M. Shakry El-Dakkak (1994) Repentance as a Defence: Comparative Study under Islamic</li>
<li>Law, Common Law and Continental Law, A. S. Noordeen, Kuala Lumpur.</li>
<li>New Testament (1976) Good News Edition, The Bible Society Collins/Fount, Swindon.</li>
<li>Uriel Heyd (1979) Studies in Old Ottoman Criminal Law, (ed. by V. L. Menage), Clarendon Press, Oxford.</li>
</ul>
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