الضرر أحد أركان المسؤولية المدنية

الملخص EN

Damage is considered a necessary element for the emergence of civil liability, whether it is a tort or contractual liability.

Both require compensation for damages to face the perpetrator, the damage was material or moral, both of which are obligatory for compensation, even if the legislation differed regarding compensation for moral damage, but some of them permitted punishment for that, as for material damage, the penalty is financial compensation for the injured party, and those with damage and damage by reversion and those who are related to the injured person, In the event of a crime, the victim is entitled to claim compensation for material and moral damage, Some studies have shown that the moral damage may be original, and it is the one that affects the victim himself, and he may be an apostate, It is the one that affects the relatives of the victim and those who are covered by compensation in the event that the victim remains alive, As for compensation for moral damage, it remains a personal right claimed by those who are related to the damage, i.e.

the aggrieved, The Islamic Sharia has observed the sanctity of man and did not make the matter in vain.

Rather, it placed reinforcement penalties that prevent this harmful act in moral damage, The authority granted to the judge empowered him to assess the damage and impose the appropriate punishment for him, such as imprisonment or beatings, according to the felony and the nature of the offender.