The Role of Legal Institutions in Compensating for Damages Caused to Spiritual Personality

Author(s): Mehdi Sharifi, Narges Ebrahimi

Institution: PhD in Criminal Law and Criminology, Iran

Category: Articles, IJMMU, Legal, Legal Protection, Rights Fulfillment, Spirituality

Topics: Damage; Moral; Non-Financial Compensation Based on Rational Laws; Subject Matter; Financial Compensation for Moral Damage; Non-Financial Compensation for Moral Damage

Abstract: The issue of damages is one of the most challenging topics, which is stated as necessary in the principles of current laws and regulations; But how to compensate and how to evaluate it has not been determined. In the legal systems of different countries, there are ways to compensate for moral damage; However, there is no fixed and specific criteria for the methods of compensation for moral damage. The author believes that according to the foundations of Islamic law and Iranian law, the ability to compensate moral damage and the way to compensate it can be justified and inferred as follows: Spiritual damage and its compensation methods are cited In addition to the rule of harmless reason, another prediction of dowry in the case of physical injuries leads to moral damages. Rationally, they also decide to compensate the moral damages inflicted on individuals. In the Iranian legal system, moral damages can also be compensated. In Islamic jurisprudence, there is no known method to compensate for spiritual losses, but the common methods in customary law and in jurisprudence are also acceptable; Because the methods of compensation for spiritual damage are relative matters and the result of the legal and social thoughts of each age; And from the silence and non-repeal of the Sharia, we can get consent and Shariah ruling, so it can be stated that accepting financial compensation and all kinds of non-financial compensation in order to repair the spiritual damage can be justified and defended in Islamic jurisprudence.

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