Nooriye is a 39-year-old Iraqi female. She had a pretty normal life until a group of terrorists knocked on her door. Her two sons were killed in front of her. She was abused and tortured for days, as was her husband. Rebels eventually took her husband and left. Some neighbors helped her to bury her sons and provided her with shelter and food. She was about to kill herself when, miraculously, her husband came back 57 days later. He never told her what he went through during those 57 days. They were both in extreme pain but able to hold onto each other.

They immigrated to the U.S. a year later. Her husband found a job and is still working. They are safe now, but it has not been enough to heal them. Both still have nightmares and flashbacks. She spends all her time in her home. She stares at walls, feels numb and very fearful, and cries every day. Her speech is sparse, and she never smiles. She goes out with husband once a day but grabs his hand and won’t let him go when they are out. When faced with stress, she often passes out.

Her husband “has to be strong because she is the only thing he has,” although he also has extreme pain. He hides his tears from his wife, is unable to sleep at night, feels guilty, and misses his sons. He is afraid to make any Iraqi friends and stays away from mosques.

Obviously, providing a safe place, food, and a job is not enough to heal these people’s pain. Invisible wounds and problems are much harder to treat than visible ones.

In this article we will try to elucidate some elements of what Nooriye and thousands of other families have been exposed to all around the world.

Mass trauma

When a group of people, regardless of size, experience psychological effects after a trauma that was suffered collectively, this is called a mass trauma. Sometimes an entire society witnesses the same trauma, and this may cause a collective sentiment, often resulting in a shift in that society’s culture and mass actions.^1,2

Wars, political violence, natural disasters, exile, torture, and terrorism are examples of mass trauma. The Holocaust, the Atomic bombing of Hiroshima and Nagasaki, slavery in the United States, and the 9/11 attacks are well-known collective traumas.

Collective traumas have been shown to play a key role in group identity formation. Having the same problems, suffering from the same pain, and being under the same pressures bring individuals together. This togetherness eventually helps to build a community, a group, and sometimes a nation. Almost every nation has traumatic events in their history. Even the concept of “nation” is extensively affected by these events.

Nevertheless, despite its role in building group identity, mass trauma is still individually painful. In fact, the effects of mass trauma can be very deep and transferred through the generations. In 1966, clinicians observed that large numbers of children of Holocaust survivors were seeking treatment in psychiatric clinics in Canada. Moreover, when compared to the general population, the grandchildren of Holocaust survivors were three times more likely to seek clinical psychiatric help.³

Post-Traumatic Stress Disorder

According to the National Center for Posttraumatic Stress Disorder, the most common stress reactions in the wake of disaster may include the following:

Emotional reactions, including shock, fear, grief, anger, guilt, shame, feeling helpless, feeling numb, and sadness.

Cognitive reactions, including confusion, indecisiveness, worrying, shortened attention span, and trouble concentrating.

Physical reactions, including tension, fatigue, edginess, insomnia, bodily aches and pains, startling easily, racing heartbeat, nausea, change in appetite, and changes in other bodily desires.

Interpersonal reactions, including distrust, conflict, withdrawal, work or school problems, irritability, loss of intimacy, and feeling rejected or abandoned.⁴

Several factors present in the acute-phase recovery environment of a disaster have been found to aggravate stress reactions and therefore increase survivors’ risk of developing negative outcomes. These include:

• Lack of emotional and social support
• Presence of other stressors such as fatigue, cold, hunger, fear, uncertainty, loss, dislocation, and other psychologically stressful experiences
• Difficulties at the scene
• Lack of information about the nature and reasons for the event
• Lack of, or interference with, self-determination and self-management
• Treatment [given] in an authoritarian or impersonal manner
• Lack of follow-up support in the weeks following the exposure

Protective factors that may mitigate negative effects include:

• Social support
• Higher income and education
• Successful mastery of past disasters and traumatic events
• Limitation or reduction of exposure to any of the aggravating factors listed above
• Provision of information about expectations and availability of recovery services
• Care, concern and understanding on the part of the recovery services personnel
• Provision of regular and appropriate information concerning the emergency and reasons for action.⁵

In most cases, the symptoms of trauma eventually disappear, but unfortunately, some of the survivors of the mass trauma will eventually develop Post-Traumatic Stress Disorder (PTSD). PTSD is a mental disorder resulting from exposure to an extreme traumatic stressor.

The National Comorbidity Survey Replication (NCS-R), conducted between February 2001 and April 2003 in the U.S., estimated the lifetime prevalence of PTSD among adult Americans to be 6.8%.⁶ The lifetime prevalence of PTSD among men was found to be 3.6% and among women 9.7%. ⁷

PTSD is described in the Diagnostic and Statistical Manual of Mental Disorders (Fifth Edition) (DSM 5) which is published by the American Psychiatric Association, as:

Criterion A (at least one required): The person was exposed to: death, threatened death, actual or threatened serious injury, or actual or threatened sexual violence, in the following way(s):

• Direct exposure
• Witnessing the trauma
• Learning that a relative or close friend was exposed to a trauma
• Indirect exposure to aversive details of the trauma, usually in the course of professional duties (e.g., first responders, medics)

Criterion B (at least one required): The traumatic event is persistently re-experienced, in the following way(s):

• Intrusive thoughts
• Nightmares
• Flashbacks
• Emotional distress after exposure to traumatic reminders
• Physical reactivity after exposure to traumatic reminders

Criterion C (at least one required): Avoidance of trauma-related stimuli after the trauma, in the following way(s):

• Trauma-related thoughts or feelings
• Trauma-related reminders

Criterion D (at least two required): Negative thoughts or feelings that began or worsened after the trauma, in the following way(s):

• Inability to recall key features of the trauma
• Overly negative thoughts and assumptions about oneself or the world
• Exaggerated blame of self or others for causing the trauma
• Negative affect
• Decreased interest in activities
• Feeling isolated
• Difficulty experiencing positive affect

Criterion E (two required): Trauma-related arousal and reactivity that began or worsened after the trauma, in the following way(s):

• Irritability or aggression
• Risky or destructive behavior
• Hypervigilance
• Heightened startle reaction
• Difficulty concentrating
• Difficulty sleeping

Criterion F (required): Symptoms last for more than 1 month.

Criterion G (required): Symptoms create distress or functional impairment (e.g., social, occupational).

Criterion H (required): Symptoms are not due to medication, substance use, or other illness.⁸

Treatment for mass trauma:

Treatment for mass trauma should be delivered at two different levels: the community level and the individual level.

1. Community level:

Dr. Frantz Omar Fanon gives the recipe for mass trauma treatment at the community level: “Mass trauma can be alleviated through cohesive and collective efforts such as recognition, remembrance, solidarity, communal therapy and massive cooperation.”

The statement above can be a topic for a separate article. Here, we would like to express the importance of the remembrance days. People comes together on remembrance days and remind the victims that they are not alone and not forgotten. This can be therapeutic for the victims and alleviate their pain.

2. Individual level

PTSD treatment includes pharmacotherapy (medical treatment) and psychotherapy. Some of the medications which have been helpful combatting depression are selective serotonin reuptake inhibitors (SSRIs), such as Fluoxetine (Prozac), Sertraline (Zoloft), Paroxetine (Paxil), and serotonin-norepinephrine reuptake inhibitors (SNRIs) such as Venlafaxine (Effexor) and Duloxetine (Cymbalta).

There are several therapy types that have been shown to be effective at treating PTSD. Trauma-focused psychotherapies are the most highly recommended psychotherapies for PTSD. In these therapy types the treatment focuses on the memory of the traumatic event or its meaning. These treatments use different techniques to help a victim process their traumatic experience. Some involve visualizing, talking, or thinking about the traumatic memory. Others focus on changing unhelpful beliefs about the trauma. Prolonged exposure therapy, Cognitive Processing Therapy, Eye-Movement Desensitization and Reprocessing, Brief Eclectic Psychotherapy, and Narrative Exposure Therapy are the some of the therapies that have been found to be helpful for PTSD patients.

Additionally, spirituality might help treat PTSD, too. A study of Bosnia-Herzegovina war veterans suggested that veterans who prayed had significantly higher levels of incorporation, self-protection, and reactive formation and significantly lower levels of regression, compensation, transferring, lack of control, and aggressiveness than their peers who did not pray. ⁹

In brief, providing shelter, food, and a safe environment are mandatory for trauma patients, but they aren’t nearly enough. Psychological traumas are very hard to treat, and treatment may take years. It has been shown that soldiers who have somebody to share their war experience/trauma with, have a lower risk for PTSD when compared with the ones who can’t talk to anybody. Victims need professional help along with community support. Trauma can be alleviated through cohesive and collective efforts and cooperation. Praying for the trauma victims, as politicians suggested for recent hurricane victims, definitely has some social impact. It has also been shown that medication/prayers decrease PTSD symptoms ¹⁰; however, showing support and empathy, listening to victims, and acts of remembrance are the other key elements of community support.

References

1. Lisa Gale Garrigues, “Slave and Slave Holders Break Free of History’s Trauma“, Yes Magazine, August 2, 2013
2. Updegraff, Silvler, Holman, “Searching for and Finding Meaning in Collective Trauma, Journal of Personal and Social Psychology, September 2008
3. Coffey, R. (1998). Unspeakable truths and happy endings. Sidran Press. ISBN1-886968-05-5
4. https://www.ptsd.va.gov/professional/pages/handouts-pdf/Reactions.pdf
5. NSW Institute of Psychiatry and Centre for Mental Health. (2000). Disaster Mental Health Response Handbook.North Sydney: NSW Health.
6. Kessler, R.C., Berglund, P., Delmer, O., Jin, R., Merikangas, K.R., & Walters, E.E. (2005). Lifetime prevalence and age-of-onset distributions of DSM-IV disorders in the National Comorbidity Survey Replication. Archives of General Psychiatry, 62(6): 593-602.
7. National Comorbidity Survey. (2005). NCS-R appendix tables: Table 1. Lifetime prevalence of DSM-IV/WMH-CIDI disorders by sex and cohort. Table 2. Twelve-month prevalence of DSM-IV/WMH-CIDI disorders by sex and cohort. Accessed at: http://www.hcp.med.harvard.edu/ncs/publications.php
8. American Psychiatric Association. (2013) Diagnostic and statistical manual of mental disorders, (5th ed.). Washington, DC.
9. Pajević I, Sinanović O, Hasanović M. Association of Islamic Prayer with Psychological Stability in Bosnian War Veterans. J Relig Health. 2017 Dec;56(6):2317-2329. doi: 10.1007/s10943-017-0431-z.
10. Gallegos AM, Crean HF, Pigeon WR, Heffner KL. Meditationand yoga for posttraumatic stress disorder: A meta-analytic review of randomized controlled trials. Clin Psychol Rev. 2017 Dec; 58:115-124. doi: 10.1016/j.cpr.2017.10.004.

New Jersey-based Helping Hands Relief Foundation (HHRF) is one of those relief organizations that have quickly responded to the call for help from the Horn of Africa. Many volunteers of HHRF have already taken off to Somalia to deliver donations and food to the victims.

The world is undergoing several major tests. The problems caused by economic crises one after another, terrorism, global warming, and others have to be tackled with immediately. But the emergency of the current famine has no comparison, and we have to act now. It is time to delay our own needs today and rush for help to the victims of the famine. This is the greatest test we as the human family have to be pass.

Upon their death, the victims found themselves in another world. Now, they tried to understand what had happened to them. First, they realized that they had been terribly deceived by the murderer. As a lesson from this unfortunate experience, they also realized that their inherent love for eternity had been abused by the murderer. Days passed, but they did not receive any word from their Lord. The burden of being away from the abode where they were in touch with Him became unbearable. They understood that where they came from was actually the land of eternity.

In later times, they would recall those past days, and they would feel an expansion and serenity in their hearts, feeling apart from the passage of time. So, they started to associate the things of this world with things from their homeland. Thus, they cherished their memories of when they were in the eternal land. Most of all, they each recognized the other as a mirror to remind them of the Eternal Beloved. So, everything they loved in this new place gained a sort of eternity with their longing for the eternal homeland and the Eternal Beloved.

Sometime later, they had children. As the children grew up, the parents related their stories to them, and talked about the homeland with their voices longing for return. The children also took on this behavior from their parents. Just like when their parents expressed their yearning for the homeland, whenever the children talked about loved things or whenever they were with people they loved, time would pass like lightning, and they would wish that those moments would not finish. As new generations followed, the expectation of eternity from the transient beloveds of this world evolved into a subconscious associating of eternity with them.

We do not know exactly how many years have passed since the time of Adam and Eve. Today, in spite of diversity in the definitions of love and the literature about it, there is a certain aspect of it which is the same for everybody who loves. Love changes our experience of time because we subconsciously associate it with eternity. Through this association, love motivates our actions. The limited time spent with the beloved seems very small compared to the human heart’s hunger for eternity. So, we strive to extend those moments-the lengthy phone calls and the long eye-to-eye gazes stretch out between lovers.

Eternity in the realm of the heart reflects itself in the form of continuity with the material world. Similar to the desire for the eternity of the beloved, we would like the continued existence of our loved ones. For example, the first experience of love each one of us feels in this world is the affection of our mothers. The initial manifestation of this love is breast milk. It not only provides the nourishment we need, but also contains the materials and the live cells that supplement our immune system. Thus, breast milk serves the continuity of our life in this world. Later on, our mothers provide intense protection and give us our first education. Both of these form the basis of our continuity in this life. And similar to our mother’s care, when we grow up, we too try to meet the needs of our loved ones in order to ensure their continuity.

In effect, we humans try to bestow continuity and eternity as a manifestation of love in accordance with the powers we are given. The love we feel is a projection of the infinite love that God has for His creation. Just as we strive for the continuity of our loved ones, God endows continuity on His creation by feeding and protecting us in this world, and granting us eternity by opening the hereafter to us. Since our existence is a temporary and dependent one, the continuity we ourselves give is also transient. However, God’s existence is eternal and He is the Self-Subsistent; therefore, the eternity He gives will be an actual one.

In this life, we realize that love bears a seed of continuity in it. We feel the beauty of eternity hidden in the lovely memories of our very first ancestors. Our visions fill with the fruits of the tree of love that fosters such long-lasting relations. However, the conditions we live in today are not coherent with those delightful sensations. When we look around, we see love affairs that last only a very short time. Many people conduct their love life by changing their partners periodically instead of remaining faithful to their spouses for all their lives. The meaning of contemporary love is being reduced to “temporary mutual interest,” obliterating the important notion of a “fellowship on the way to the Eternal Beloved.” This drastic change points to the fact that, along with the passage of time, we have forgotten the heavenly stories told by our common parents.

What is it that we need in order to re-discover the seed of eternity in our hearts? It may be that we all need to retreat to our childhood to find the pure love depicted by the naivety of children. Maybe we need to forget the turmoil of daily life, and focus on the lesson that comes at the end of virtually every one of the bedtime stories told by our beloved mothers, “And they lived happily ever after…”

Seth Mette has a PhD in Aerospace Engineering and is currently working as a postdoctoral fellow at West Virginia University. He has a special interest in psychological fiction.

Notes

1. Based on the story of Adam and Eve according to the Qur’an (2:35–37, 7:19–24)
2. The reason for the choice of the word “murderer” for Satan is as follows: Death is in essence a change of residence (Nursi, S., Letters, First Letter, Second Question). One who dies in this world goes to the heavens. Similarly, one who dies in the heavens comes to this world. According to the traditions of the Prophet Muhammad (pbuh), death will be brought in the form of a sheep on the Day of Judgment, and will be slaughtered, which will mean that death is dead (Bukhari, Tafsir, 1, 19). This will render the people of hell totally hopeless; because until then, they will be crying for another chance in this world. The death of death will imply that return to this world is no longer possible. This explanation supports the idea that death in the heavens may be understood as coming to this world. Accordingly, since Satan is the one who is the apparent cause of the death of Adam and Eve in the heavens, hence the start of their story in this world, he is their murderer.
3. Nursi, Bediuzzaman Said, The Gleams, Third Gleam.
4. Karabuga, Veli, “How Are Babies Protected?” The Fountain, Vol. 50, Apr–June, 2005.

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.

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.

2. Offender and victim

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: ‘… 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.

3. Crimes committed against individuals and society

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.

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).

3. 2. Ta’zir is a discretionary punishment aimed at deterrence and, where that is appropriate, reform of the offender.

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.

4. The involvement of the victim in the punishment process

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.

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).

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).

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.

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

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.

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).

5. The effects of the involvement of the victim

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.

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.

6. Forgiveness as an option

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).

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)

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.

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).

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).

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.

Conclusion

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.

References

• A. John Simmons, Marshall Cohen, Joshua Cohen, Charles R. Beitz (eds) (1995) Punishment: A Philosophy and Public Affairs Reader, Princeton University Press, New Jersey.
• Abdul Qader Oudah Shaheed (1987) Criminal Law of Islam, vol.1, International Islamic Publishers, Karachi.
• Abdulkadir Qdeh (1990) Mukayeseli Islam Hukuku ve Beseri Hukuk, Rehber Yayinlari, Ankara.
• Abdullah Yusuf Ali (1989) The Holy Qur’an: Text, Translation and Commentary, Amana Corporation, Maryland.
• Association of Chief Officers of Probation (1996) Probation Services and Victims of Crime, ACOP, Wakefield.
• Hilary Nettleton, Sandra Walklate & Brian Williams (1997a) Probation Training with the
• Victim in Mind: Partnership, Values and Organizations, Keele University Press, Keele.
• Hilary Nettleton, Sandra Walklate & Brian Williams (1997b) ‘Three models of probation
• involvement with victims of crime’, paper presented to the British Criminology Conference, Queen’s University of Belfast, 15-18 July 1997.
• Kosh, M. and Wiliams, B. (1995) The Probation Service and Victims of Crime: A Pilot Study, Keele University Press, Keele.
• M. Chertif Bassiouni, (ed.) (1982) The Islamic Criminal Justice System, Oceana Publications, Inc., New York.
• M. Shakry El-Dakkak (1994) Repentance as a Defence: Comparative Study under Islamic
• Law, Common Law and Continental Law, A. S. Noordeen, Kuala Lumpur.
• New Testament (1976) Good News Edition, The Bible Society Collins/Fount, Swindon.
• Uriel Heyd (1979) Studies in Old Ottoman Criminal Law, (ed. by V. L. Menage), Clarendon Press, Oxford.