MORAL DAMAGE COMPENSATION IN ISLAMIC LAW AND JURISPRUDENCE

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NIKFARJAM ZOHREH

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Title

MORAL DAMAGE COMPENSATION IN ISLAMIC LAW AND JURISPRUDENCE

Author(s)

NIKFARJAM ZOHREH | Issue Writer Certificate

Keywords

MORAL DAMAGEQ2

RULE OF "NO-DAMAGE"Q2

INTELLIGENTSIA BASEQ2

STATUEQ2

FINANCIAL COMPENSATION OF MORAL DAMAGEQ2

NON- FINANCIAL COMPENSATION OF MORAL DAMAGEQ2

Abstract

Although "MORAL DAMAGE" is one of the challenging issues necessarily stipulated in present principles, laws and regulations but it is not determined how to compensate and evaluate. Some strategies are considered for MORAL DAMAGE compensation in legal systems of different countries, but there isn't any definite criterion for the methods of MORAL DAMAGE compensation. The writer believes that the capability of MORAL DAMAGE compensation and how to compensate it could be justified and inferred in relation to the law principles in Iran and Islam: the RULE OF "NO-DAMAGE" as a jurisprudent certainty is invoked in order to prove the civil liability arising from MORAL DAMAGE and the methods of compensation.In addition to the RULE OF "NO-DAMAGE", the other reason is anticipation of blood money about physical hurts which lead to MORAL DAMAGE. The intelligentsia also judge to compensate the MORAL DAMAGE imposed on humans. The MORAL DAMAGE is also compensated in legal law in Iran. There isn’t any definite method to compensate the MORAL DAMAGEs but it deems that the common methods in STATUE, common law and jurisprudence are acceptable because the methods of MORAL DAMAGE compensation are relative and resultant which are derived from legal and social thoughts in every time and then consent and religious law could be understood from the silence and lack of legislator prevention.Therefore, we can say that the acceptance of financial compensation and sorts of non- financial compensation is justifiable and defensible for reparation of MORAL DAMAGE in Islamic jurisprudence

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APA: Copy

NIKFARJAM, ZOHREH. (2013). MORAL DAMAGE COMPENSATION IN ISLAMIC LAW AND JURISPRUDENCE. JOURNAL OF ISLAMIC JURISPRUDENCE AND LAW, 6(11), 105-127. SID. https://sid.ir/paper/212180/en

Vancouver: Copy

NIKFARJAM ZOHREH. MORAL DAMAGE COMPENSATION IN ISLAMIC LAW AND JURISPRUDENCE. JOURNAL OF ISLAMIC JURISPRUDENCE AND LAW[Internet]. 2013;6(11):105-127. Available from: https://sid.ir/paper/212180/en

IEEE: Copy

ZOHREH NIKFARJAM, “MORAL DAMAGE COMPENSATION IN ISLAMIC LAW AND JURISPRUDENCE,” JOURNAL OF ISLAMIC JURISPRUDENCE AND LAW, vol. 6, no. 11, pp. 105–127, 2013, [Online]. Available: https://sid.ir/paper/212180/en

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