Compensation for Moral Damage due to Divorce (A comparative Jurisprudential Study between Sharia and Law)

Abstract

Compensation for moral damage in cases of divorce due to harm is a critical issue from both a religious and legal standpoint.

In Islamic jurisprudence, moral compensation as a consequence of divorce is a matter of justice and equity. It encompasses psychological and emotional harm, which is an intangible injury challenging to quantify monetarily. Such compensation is deemed a right of the aggrieved party, contingent upon the damage being personal, direct, certain, and severe. It must involve a violation of an ethical interest or a well-established right of the injured party.

Legally, awarding compensation for moral damage in cases of divorce due to harm is based on the judge’s evaluation of the psychological damages and suffering experienced by the injured party, as well as the surrounding circumstances. This compensation is part of compensatory justice, aiming to alleviate the adverse effects of divorce on individuals and safeguard their personal and moral rights. To be eligible for compensation, specific legal criteria must be met, such as proving the damage and establishing a causal link between the act and the harm.