Modern Jurisprudence and Law

Modern Jurisprudence and Law

A Comparative Study of Compensation Methods for Moral Damages in the Legal Systems of Iran and Afghanistan

Document Type : Original Article

Authors
1 PhD student in Criminal Law and Criminology, Al-Mustafa Al-Alamiyah University, Gorgan Branch
2 University lecturer and prosecutor of Gorgan
3 Assistant Professor, Law Department, Razavi University of Islamic Sciences
10.22034/jml.2025.2077203.1554
Abstract
One of the fundamental and challenging issues in contemporary law is the question of how to compensate for non-pecuniary damages. Given the non-material nature of such damages, designing and establishing efficient and acceptable mechanisms for their compensation has always been accompanied by significant theoretical and practical difficulties. The legal systems of Iran and Afghanistan are no exception to this issue and face numerous problems and shortcomings in the process of developing and implementing mechanisms for compensating moral damages. This research, with a comparative approach, analyzes and examines the existing methods of compensating for moral damages in these two legal systems and meticulously investigates the material and non-material aspects of compensatory methods. The findings of the research indicate that although the legal systems of Iran and Afghanistan share fundamental similarities in accepting the principle of compensating for moral damages, they face significant challenges and differences in predicting and implementing effective mechanisms and guaranteeing the rights of the aggrieved. This study ultimately emphasizes the necessity of revising laws and developing effective procedures to better protect the victims.
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