چکیده:
The expansion and development of ethical principles has been one of the necessities of human society throughout history. Also, the most important point that must be addressed in the discussion of moral compensation is the definition of moral loss and damage. Jurists and legal scholars have attempted to provide a logical definition of moral damage. Damage is not limited to financial loss; rather, moral damage affects the most important dimension of human personality, which is its spiritual and mental dimension, and causes it harm. Nevertheless, in legal science, the compensation of material damage in two types (positive and negative) has been emphasized and repeatedly reviewed in jurisprudence and Iranian criminal laws. However, the issue arising from 'moral damage' still leaves much room for discussion and doubt in various parts of current laws and even jurisprudence. This article aims, using a descriptive-analytical method and considering jurisprudential and legal sources, to address the importance of reason (sanity) in Islamic penal laws and criminal procedure, and the methods of compensating for damage resulting from its impairment or loss. Ultimately, with the aim of resolving ambiguity in the laws and emphasizing the moral rights of reason, and by examining and analyzing the legitimacy of 'moral damage' and how to compensate for it through the study of current enforceable laws—especially the new criminal procedure and the Islamic Penal Code—as well as civil liability and its comparison with jurisprudential rules such as the rule of 'La Darar' (no harm), the negation of hardship and difficulty, deception, and waste, as well as examining the judgment of reason, we will conclude that moral damage is compensable.
خلاصه ماشینی:
The Ethical Approach to Compensating Moral Damage Resulting from Loss of Intellect in Islamic Jurisprudence and Iranian Positive Law Mohammad Ferdousi Pour 1 Mohammad Reza Kazemigolvardi 2 Hossein Ahmari 3 Abstract The expansion and development of ethical principles has been one of the necessities of human society throughout history.
This article aims, using a descriptive-analytical method and considering jurisprudential and legal sources, to address the importance of intellect in the Islamic Penal Code and the Criminal Procedure Code, as well as the methods of compensating damage resulting from its impairment or loss.
Ultimately, with the aim of resolving ambiguity in the laws and emphasizing the moral rights of the intellect, and by examining and analyzing the legitimacy of "moral damage" and the manner of its compensation through the study of current enforceable laws—especially the new Criminal Procedure Code and the Islamic Penal Code—as well as civil liability and its compatibility with jurisprudential rules such as the rule of "La Darar" (no harm), the negation of hardship and distress, "Ghorour" (deception), and "Etlaf" (destruction), and also examining the judgment of reason, we will conclude that moral damage is compensable.
For this reason, addressing the compensation for moral damage resulting from the loss of intellect in Islamic jurisprudence and the positive law of Iran is of great importance.
If a portion of the intellect is lost, since the loss of complete intellect has a specific diya, in principle, the diya should be determined according to that same amount; however, jurists have offered different opinions on this matter: First: A group of them, such as Muhaqqiq al-Hilli and Shahid al-Thani, have ruled for arsh (compensation) (11).
(
, 
, 
)
