حكم التعويض عن الضرر الأدبي في الفقه الإسلامي والقوانين الوضعية Ruling on Compensation for Moral Damage in Islamic Jurisprudence and Positive Laws

The purpose of this research is to find a reference for scholars of Islamic jurisprudence,
judges and legislators to know what moral damages are, what types and meaning of compensation, and
indicate the jurisprudential and legal provision for compensation.
The search came to answer the following questions: What is meant by damage and moral damage? What
is meant by compensation for moral damage? What kind of moral damage? What is the ruling on
compensation for moral damage in Islamic jurisprudence and positive laws?
The researcher has relied on this topic and responded to the problems addressed in the following
approaches: inductive approach, descriptive approach, analytical approach and comparative approach,
and has concluded:
Any harm inflicted on a person, whether in his or her property, body, view or passion, and moral
damage is a breach of the psychological aspect of the human being without causing any financial loss,
and the purpose of compensation for moral damage is an obligation to pay a pecuniary payment to
others for the damage suffered by his personal or social consideration, and Poison the moral damage to
several types; most important: impairment of honour, dignity, physical pain, mental pain, distortion in
beauty, denial of legitimate pleasures, emotional damage, psychological pain, loss of an animal or
damage to something, there are two opinions for Islamic Fiqh scholars and law commentators. Of
positivism in the provision of compensation for moral damage; permissibility and Prohibition, which the
researcher has weighted in terms of the sentence, and however, such a passport is not on its own; there
are images where compensation may not be claimed, as is being developed in the research.