Award of monetary compensation for intangible damage with special reference to defamation under Islamic and Pakistan law

Joint Authors

Asad, Muhammad
Abbas, Hafiz Ghulam
Razi, Nasim

Source

Journal of Islamic Business and Management

Issue

Vol. 9, Issue 2 (31 Dec. 2019), pp.430-441, 12 p.

Publisher

Riphah International University Riphah Centre of Islamic Business

Publication Date

2019-12-31

Country of Publication

Pakistan

No. of Pages

12

Main Subjects

Law

Abstract EN

This paper examines the controversy among modern Islamic jurists whether in case of any intangible damages (especially defamation), any monetary compensation (solatium) under Islamic law (SharTah) can be extended or not.

It also evaluates the method used for measurement of monetary compensation for intangible damage by Pakistani courts.

Further, whether monetary compensation awarded for intangible damage is legal, just, fair and reasonable.

It finds that majority of modern Islamic scholars consider the award and claim of the monetary compensation for intangible damage as legal.

It also, in Pakistan’s perspective, finds that; (i) there is no yardstick or definite principle for measuring compensation, (ii) compensation awarded is valid, but generally not just, fair and reasonable, (iii) discretion used by the courts to award compensation seems subjective and, (iv) harmony lacks between the amount of compensation claimed by the victims, and that awarded by the courts.

It concludes that courts should formulate viable principles in this regard.

American Psychological Association (APA)

Abbas, Hafiz Ghulam& Asad, Muhammad& Razi, Nasim. 2019. Award of monetary compensation for intangible damage with special reference to defamation under Islamic and Pakistan law. Journal of Islamic Business and Management،Vol. 9, no. 2, pp.430-441.
https://search.emarefa.net/detail/BIM-976302

Modern Language Association (MLA)

Abbas, Hafiz Ghulam…[et al.]. Award of monetary compensation for intangible damage with special reference to defamation under Islamic and Pakistan law. Journal of Islamic Business and Management Vol. 9, no. 2 (2019), pp.430-441.
https://search.emarefa.net/detail/BIM-976302

American Medical Association (AMA)

Abbas, Hafiz Ghulam& Asad, Muhammad& Razi, Nasim. Award of monetary compensation for intangible damage with special reference to defamation under Islamic and Pakistan law. Journal of Islamic Business and Management. 2019. Vol. 9, no. 2, pp.430-441.
https://search.emarefa.net/detail/BIM-976302

Data Type

Journal Articles

Language

English

Notes

Includes margin notes.

Record ID

BIM-976302