LA_ZARAR RULE AND SPIRITUAL DAMAGE COMPENSATION ON FAMILY

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NAGIBI SEYED ABOLGHASEM

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Journal: JOURNAL OF ISLAMIC JURISPRUDENCE AND LAW Year:2011 | Volume:4 | Issue:7 Page(s): 9-24

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Title

LA_ZARAR RULE AND SPIRITUAL DAMAGE COMPENSATION ON FAMILY

Author(s)

NAGIBI SEYED ABOLGHASEM | Issue Writer Certificate

Keywords

FAMILYQ1

LAZARAR_WA LAZIRAR RULEQ2

SPIRITUAL DAMAGEQ2

LOSSQ1

LOSS COMPENSATIONQ1

Abstract

FAMILY is the oldest human institution that emerged as a result of social, emotional and legal solidarity between groups of human beings who are linked together via marriage bond. The efforts of the members of the groups bring about credit and social dignity for the FAMILY institution which is regarded as their shared spiritual capital.This capital has been recognized by Islamic social teachings as well as by Islamic law; accordingly, moral and legal rules, both public and private, have been stipulated by the Islamic law in order to support this valuable capital. One such rule is that ofla zararwa la zirar. This rule, based on a hadith narrated by MurratibniJundab, is used to recognize any SPIRITUAL DAMAGE on FAMILY as being a case for zarar(incurring LOSS) or zirar (inflicting LOSS upon others) in order to confirm a verdict and hence compensate for any such damage or LOSS on FAMILY. Also, in view if the spirit of this rule, any damage compensation for an individual or a group is legally recognized.Since establishing a legal person status for FAMILY appears legally difficult, any individual members of the FAMILY (as natural persons) may sue for any damage to their dignity and emotions in the FAMILY within the context of this same rule.

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APA: Copy

NAGIBI, SEYED ABOLGHASEM. (2011). LA_ZARAR RULE AND SPIRITUAL DAMAGE COMPENSATION ON FAMILY. JOURNAL OF ISLAMIC JURISPRUDENCE AND LAW, 4(7), 9-24. SID. https://sid.ir/paper/212139/en

Vancouver: Copy

NAGIBI SEYED ABOLGHASEM. LA_ZARAR RULE AND SPIRITUAL DAMAGE COMPENSATION ON FAMILY. JOURNAL OF ISLAMIC JURISPRUDENCE AND LAW[Internet]. 2011;4(7):9-24. Available from: https://sid.ir/paper/212139/en

IEEE: Copy

SEYED ABOLGHASEM NAGIBI, “LA_ZARAR RULE AND SPIRITUAL DAMAGE COMPENSATION ON FAMILY,” JOURNAL OF ISLAMIC JURISPRUDENCE AND LAW, vol. 4, no. 7, pp. 9–24, 2011, [Online]. Available: https://sid.ir/paper/212139/en

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