التعويض المادي عن الضرر الأدبي المجرد في الفقه الإسلامي و ما عليه العمل في قانون المعاملات المدنية الإماراتي

Abstract EN

Traditional Islamic jurists advocated the inadmissibility of compensation for abstract moral damage, whereas modern jurists have two different opinions regarding the issue: one argues for the inadmissibility of compensation; the other argues for admissibility.

The researcher did not find in the texts reported by the supporters of the second opinion any text that is suitable for reference, except for the Saying (Do no harm), which is worth considering.

Additionally, he did not find any special text concerning this issue that prevents the imposition of compensation.

The Companions (Ṣaḥāba) legislated laws that were inexistent in the era of the Messenger of Allah (BPUH).

These laws were not based on interest, but were rather meant to run state affairs and to cope with the changing circumstances.

Based on the above, it seems that there is nothing in Islamic law that prevents the imposition of compensation.

Moreover, the UAE Civil Transactions Act concerning the admissibility of the compensation is in harmony with Islamic law and its purposes.