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Moral and Spiritual Damages Excess to Blood Money and Legal Solution to Compensate for It
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Abstract: (304 Views) |
Background: Many times, in damages, what is abused and attacked is immaterial matters related to human personality such as dignity, reputation, emotions and feelings and the like, all of which may be depending on the cause of moral damage. For the person and cause moral suffering and damage to his non-financial rights. Due to this, the present study was formed with the aim of investigating the moral and moral damages doubled from beatings and refers to the solutions that the law has considered to compensate for these damages.
Conclusion: From the point of view of the Islamic Shari'a, there is no doubt in accepting the principle of the concept of moral damages and its compensation in jurisprudence and the subject laws of the country, and the harmless rule, which is one of the jurisprudential presuppositions, covers and confirms it; On the other hand, moral damages can be considered as one of the most controversial issues of civil liability; Controversial because there is no consensus on the scope of this type of damages, and especially how and in what ways to compensate for moral damages. It seems that what has turned this issue into an acute problem of the judiciary is the lack of attention to the need to pay attention to the compensation of double mental and physical injuries from beatings (excess damage to blood money) and not knowing the true nature and philosophy of blood money on the one hand and Lack of a comprehensive analysis of the problems of the implementation of legal provisions of blood money on the other hand.
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| Keywords: Blood money, Moral damages, Legal solution |
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Full-Text [PDF 357 kb]
(186 Downloads)
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Type of Study: Research |
Subject:
Special
Received: 2021/10/23 | Accepted: 2021/12/26 | Published: 2023/11/20
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