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
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