حكم التعويض عن الضرر الأدبي في الفقه الإسلامي والقوانين الوضعية Ruling on Compensation for Moral Damage in Islamic Jurisprudence and Positive Laws | ||||
| المجلة الدولية للعلوم القانونية و المعلوماتية | ||||
| Volume 1, Issue 1, July 2018, Page 104-123 PDF (334.47 K) | ||||
| Document Type: المقالة الأصلية | ||||
| DOI: 10.21608/ijslc.2018.201033 | ||||
 View on SCiNiTO | ||||
| Author | ||||
| Ahmed Shehadeh Bashir Al-Zoubi | ||||
| Faculty of Islamic and Arabic Studies in Dubai | ||||
| Abstract | ||||
| The purpose of this research is to find a reference for scholars of Islamic jurisprudence, judges and legislators to know what moral damages are, what types and meaning of compensation, and indicate the jurisprudential and legal provision for compensation. The search came to answer the following questions: What is meant by damage and moral damage? What is meant by compensation for moral damage? What kind of moral damage? What is the ruling on compensation for moral damage in Islamic jurisprudence and positive laws? The researcher has relied on this topic and responded to the problems addressed in the following approaches: inductive approach, descriptive approach, analytical approach and comparative approach, and has concluded: Any harm inflicted on a person, whether in his or her property, body, view or passion, and moral damage is a breach of the psychological aspect of the human being without causing any financial loss, and the purpose of compensation for moral damage is an obligation to pay a pecuniary payment to others for the damage suffered by his personal or social consideration, and Poison the moral damage to several types; most important: impairment of honour, dignity, physical pain, mental pain, distortion in beauty, denial of legitimate pleasures, emotional damage, psychological pain, loss of an animal or damage to something, there are two opinions for Islamic Fiqh scholars and law commentators. Of positivism in the provision of compensation for moral damage; permissibility and Prohibition, which the researcher has weighted in terms of the sentence, and however, such a passport is not on its own; there are images where compensation may not be claimed, as is being developed in the research. | ||||
| Keywords | ||||
| Compensation; moral damage; Islamic Jurisprudence; positive laws; abuse | ||||
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