Spiritual Damage Compensation in jurisprudence and law of Iran

Subject Areas : فقه و مبانی حقوق

saideh mahmoodi ¹ (دانشجوی رشته ی فقه و حقوق اسلامی، واحد قم، دانشگاه آزاد اسلامی، قم، ایران)
ahmad moradkhani ² (استادیار گروه فقه و مبانی حقوق اسلامی، واحد قم، دانشگاه آزاد اسلامی، قم، ایران)

Received: 2016-06-07 Accepted : 2016-07-25 Published : 2015-06-22

Keywords: Spiritual damage compensation, Harm, Spiritual Damage, Spiritual samples,

Abstract :

The general purpose of the law is creating order and establishing justice, although human being have two dimensions, physical and Spiritual, but civil law discuss physical dimension and try to achieve great purposes such as keeping an order, establishing justice, and protection from individuals and social rights and hostility abatement by emphasizing this aspect. In Islamic legal order, social matters should supply in a way which to feasible sensual perfection acquiring and Spiritual degrees upgrading, so Spiritual loss compensation legitimating should register by financial and non-financial ways. As law should keep movable and immovable properties of people from aggression and invasion so it is necessary to predict obligatory rules to keep prestige, non-financial credits and facilities of people from insults, accusation, intrigue and aggressions . Despite suitable fields in world legal texts, there is no possibility of comprehensive Spiritual damage compensation and the majors prevent from issuing action about wanted Spiritual damage claim though current legal texts are obvious and administration of justice of many damaged persons who tolerated irretrievable harms in Spiritual law area is provided. Also there are some rules in perspicuous jurisprudence of Islam that emphasize on Spiritual damage compensation.