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The Sharia and Legal Basis for Compensation for Moral Damage
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Mohammad Salehi Mazandarani1   , Soheyr Qeysar Al-Rozan2 |
1- Associate Professor, Department of Private Law, Faculty of Law, University of Qom, Qom, Iran.
2- PhD Student of Private Law, Faculty of Law, University of Qom, Qom, Iran |
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Abstract: (23 Views) |
| This article addresses a vital subject of consensus between Islamic jurisprudence and positive law: compensation for non-pecuniary damage (moral damage). This topic is of profound social significance, as it tackles an issue frequently encountered in practical reality among members of society, whether within the realm of contractual or tortious liability. Utilizing a descriptive, analytical, and comparative methodology, the article conducts a comparative study between Imami jurisprudence and positive law (Iraqi and Iranian laws). The comparison is based on an examination of the textual evidences upon which both jurisprudence and legislation rely, through an inductive approach to the relevant data. The study concludes that both the religious school (Madhhab) and the laws under study uphold the obligation to provide compensation for non-pecuniary damage. The findings suggest that the absence of explicit statutory provisions regarding such compensation would be contrary to justice and an oversight of legal principles, given that this type of damage is a counterpart to pecuniary damage (for which compensation is universally recognized). In many instances, non-pecuniary damage even transcends pecuniary damage in importance, as it affects the most elevated aspects of the human condition: dignity, reputation, and emotional well-being. |
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| Keywords: Compensation, Non-Pecuniary Damage, Iraqi Law. |
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Full-Text [PDF 845 kb]
(8 Downloads)
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Type of Study: Research |
Subject:
Special
Received: 2026/08/29 | Accepted: 2026/09/24 | Published: 2026/09/24
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