Truth and Transitional Justice: Localising the International Legal Framework in Muslim Majority Legal Systems

Format: Hardback
Length: 280 pages
Publication date: 24 February 2022
Publisher: Bloomsbury Publishing PLC

The Arab Spring, a transformative period marked by uprisings and conflicts across the Arab world and beyond, has brought attention to the need for localizing transitional justice in the legal systems of Muslim-majority communities. This shift is driven by a desire to address past abuses and ensure accountability for widespread human rights violations, particularly in contexts where Islam plays a significant role.

The international paradigm of transitional justice, which emphasizes truth-seeking, collective memory formation, and the victims' right to know the truth, has been widely adopted. However, the implementation of this paradigm in Muslim-majority societies raises complex questions about the compatibility of international law and Islamic law.

This book offers a critical analysis of the relocation of transitional justice from the international paradigm to the legal systems of Muslim-majority societies. It explores the inherent pluralism of these contexts and investigates synergies between international law and Islamic law in furthering truth-seeking, collective memory formation, and the victims' right to know the truth.

The book argues that the international paradigm of transitional justice can be implemented and adapted to local settings characterized by Muslim majority populations while drawing from relevant norms and principles of Islamic law. It highlights the importance of contextualizing transitional justice initiatives to ensure their relevance and effectiveness in addressing the specific needs and challenges of these communities.

The book also proposes a more critical and creative way of thinking about the challenges and opportunities of localizing transitional justice in contexts where the principles and values of Islamic law may differ from those of the international legal framework. It encourages scholars, practitioners, and policymakers to engage in dialogue and collaboration to find innovative solutions that balance the demands of justice and the cultural and religious contexts in which transitional justice processes occur.

In conclusion, this book provides a valuable contribution to the study of transitional justice in Muslim-majority societies. It offers a critical analysis of the relocation of transitional justice from the international paradigm to Islamic legal systems and explores the potential for synergy between international law and Islamic law in furthering truth-seeking, collective memory formation, and the victims' right to know the truth. By promoting dialogue and collaboration, the book aims to contribute to the development of more effective and inclusive transitional justice processes that address the needs and concerns of diverse communities.

Weight: 582g
Dimension: 230 x 300 x 24 (mm)
ISBN-13: 9781509921263