Sulha: Exploring Contrasts Between Restorative Justice and Indigenous Conflict Resolution
Sulha: Exploring Contrasts Between Restorative Justice and Indigenous Conflict Resolution

Summary/Abstract: As is well-known, numerous studies have established connections, whether historical or conceptual, between contemporary forms of restorative justice and indigenous (as well as ancient and enduring) informal conflict resolution practices. These studies assert that restorative justice and indigenous systems share significant parallels, rooted in their emphasis on healing, community involvement, and the restoration of harm, rather than mere punishment of offenders. These parallels underscore the fundamental principles guiding both approaches. Specifically, both restorative justice and indigenous justice, in their various manifestations, prioritize dialogue and communication as indispensable tools for conflict management. However, this viewpoint has encountered criticism for its potential to misinterpret indigenous conflict resolution systems and misunderstand the complexities of post-colonial interactions. This essay does not claim universality but seeks to substantiate these criticisms through the analysis of a case study: sulha, a traditional method of conflict resolution in Middle Eastern cultures. More precisely, the aim of this essay is to highlight two critical differences between contemporary restorative justice and the sulha model: the nature of mediation (including the attitude of mediators and the social expectations burdening the mediation process; as well as the role of violent retaliation as a potential deterrent factor) and the concept of reconciliation. As this essay maintains, while restorative justice emphasizes individual accountability and interpersonal dialogue, the sulha model prioritizes group solidarity and ritualistic gestures. This disparity sheds light on the distinct social significance attached to mediation and reconciliation in their respective contexts. By exploring these differences, this essay illuminates two diverse approaches various cultures employ to address conflicts and foster relationship restoration.

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