نوع مقاله : مقاله پژوهشی
موضوعات
عنوان مقاله English
نویسندگان English
Moral damage is one of the most important types of damage and is subject to the general rule that any type of illegitimate and unusual damage must be compensated by the person who caused it and no damage remains uncompensated. Therefore, in addition to material damage, moral damage caused to individuals is also protected by law and the person causing the damage is required to compensate. Moral damage affects the spiritual dimension of human personality such as honor, dignity, freedom, reputation, etc. In the holy law of Islam, according to the rule of no harm and no harm in Islam, causing any damage is absolutely prohibited, which is the basis for compensating for moral damage. In addition to the rule of no harm, it is necessary to provide for blood money in the case of physical injuries that lead to moral damage. Reason also dictates compensation for moral damage caused to individuals. Because failure to pay material and moral damages is considered injustice in the eyes of reason, and injustice is also an abomination in the eyes of God, so the ruling not to compensate for moral damage by God is abomination. Determining and assessing moral damage will not be as easy as material damage. Damage to the social reputation and reputation and the dignity and respect of individuals are considered examples of moral damage, and in order to eliminate the effects of these damages and compensate them in a way that satisfies the victim to some extent, punishment has been determined and has been made available to the ruler as ta’zir. Due to the immaterial and intangible nature of this damage, the lack of evaluation and determination of its exact amount, the lack of a specific criterion and relationship for measuring the amount of damage, and the direct connection with the personality and social status of individuals and the social value, and the rarity of material compensation for these damages, there has been less desire to demand financial compensation for these damages. Therefore, in this thesis, we attempt to discuss and examine the legal dimensions of moral damage resulting from a crime using a descriptive-analytical method.
کلیدواژهها English