2023 INPAC

This study aims to analysand the concept of criminal reconciliation in a comparative manner between Islamic law and positive law. Criminal reconciliation is considered a means of managing criminal cases outside traditional procedures, which has been resorted to in response to the urgent need arising from the suffering of countries in solving criminal disputes, leading to the phenomenon of punitive inflation resulting from the increase in the number of criminal offenses. With many cases in courts, justice is delayed. The social impact of criminal reconciliation has also emerged in absorbing the social reaction to the crime through the financial compensation received by the victim, in addition to bringing the conflicting parties closer together. The economic impact of criminal reconciliation has also emerged through ensuring the economic interest of the accused by reducing criminal litigation expenses and protecting the state's economic interest by avoiding the exorbitant costs of traditional litigation procedures. The researcher divided the study topic into three axes: the first axis is what is criminal reconciliation, the second axis is parties to criminal reconciliation, and the third axis is the effects of criminal reconciliation on criminal litigation in positive law. The study concluded several findings, including that criminal reconciliation is an alternative means of resolving disputes, and that criminal reconciliation has a dual nature that contradicts the satisfaction of the conflicting parties and the nature of civil punishment, making it difficult to distinguish between them. In terms of comparison, the study concluded that Islamic law is more comprehensive and integrated into dealing with criminal reconciliation than positive law. Finally, paying compensation to the victim or the competent authority is a requirement of criminal reconciliation.