Examining the Legitimacy of Compensating for Moral Damages from the Perspective of Imāmī Jurisprudence and Iranian Law
Subject Areas : Private lawKhadijeh Ganjkhanloo 1 , Ali Ashraf Sobhani 2
1 - Department of Private Law, Islamic Azad University, Zanjan Branch, Zanjan, Iran
2 - Assistant Professor, Department of Law, Faculty of Law, Islamic Azad University, Abhar Branch, Zanjan, Iran
Keywords: moral damages, compensation, Iranian law, diya, international law, damage assessment.,
Abstract :
Moral damages, due to their inherent complexities and the difficulty in accurately measuring them, represent a fundamental challenge in legal systems. In Iranian law, compensation for moral damages can be achieved through various means, such as apologies, monetary compensation, or symbolic actions. Various methods for evaluating moral damages have been proposed, including financial equivalence, the use of legal tariffs, and judicial assessments based on the specific circumstances of each case. Many countries, such as France, have adopted similar methods to those in Iran’s legal system for compensating such damages. However, in some instances, Western legal systems also use non-monetary compensation or even criminal penalties to ensure justice. In Islamic law, moral damages, especially those affecting an individual's reputation and dignity, can be compensated through financial penalties (ta‘zīrāt) and restorative actions such as diya (blood money) or ʿarsh. This article examines the various methods of compensating for moral damages in Iranian law and compares them with the legal systems of other countries.
