The Concept of Monetary Compensation for Moral Harm in the Context of Personal Status: A Comparative Study "

Abstract

: Harm may be of a material nature, causing financial loss to a person’s body or property, or it may be of a moral or non-material nature, affecting a right or interest that is not of a financial kind. Such harm includes damage to feelings, emotions, reputation, honor, or other moral values of the individual. For this reason, Islamic jurisprudence has long been hesitant to accept the idea of monetary compensation for moral or non-material rights. However, over time, this perception has evolved in line with the intellectual and technological development of societies. Today, it is widely accepted for individuals who suffer harm or offense to their reputation, dignity, or emotional well-being to resort to the judiciary and demand compensation for such moral injury. In this regard, the law now plays a role in safeguarding the rights of individuals who have been subjected to moral harm or offense. Monetary compensation is viewed as a means of restoring an individual’s dignity, reputation, and social standing. Often, compensation for moral harm holds greater significance for the injured party than material compensation, as it acknowledges and respects the emotional and personal aspects of the injury, which vary from one person to another.