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International Journal of Research in Social Sciences
Year : 2016, Volume : 6, Issue : 10
First page : ( 313) Last page : ( 321)
Online ISSN : 2249-2496.

The survey of compensating for spiritual damage in the Islamic jurisprudence (Fiqh) and law

Dr. Hosseini Seyed Hassan1, M Ebadi ohammad2

1Faculty Member, Department of Law, Ramhormoz Branch, Islamic Azad University, Ramhormoz, Iran

2Department of Law, Ramhormoz Branch, Islamic Azad University, Ramhormoz, Iran

Online published on 19 November, 2016.

Abstract

Spiritual damage is a loss which is incurred on the individual's personal prestige, fame and/or emotions and feelings. It can also be sensed as an abuse to the human beings non-financial rights, even hurting the individual's friendship, familial and religious feelings and emotions and it can incorporate the pain and the suffering which are known to be imposed on an individual as a consequence to an incident or an event. Such losses and sufferings can, nowadays, be allowed to be filed for a plea of compensation. Despite the material aspects, the spiritual dimension and the likely damages imposed thereupon have been taken to consideration in a lesser degree and with a smaller intensity and such negligence have doubled the significance and the necessity to deal with and thoroughly capture the subject of spiritual damages. The present study handles the investigation over the subject of spiritual damages and the compensations thereof which is approached from the perspective of the jurisprudential and legal terms. Although there is not specified a clear-cut and vivid chapter for spiritual damage in the jurisprudence but the jurisprudential rules and regulations signify the necessity to compensate for the spiritual damages in a waxing and waning manner.

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Keywords

Spiritual damage, the jurisprudential basics and loss compensation.

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