English abstract
This study deals with a very important topic, which is compensation for moral
damage, by addressing the issue of the permissibility of compensation for moral damage,
especially since Islamic jurists and legal scholars have been at odds over the extent to
which moral damage can be compensated.
The study aims to clarify the nature of moral damage, compensation, and the
conditions that must be met for moral damage to be compensated for. It also aims to
clarify the legal texts that authorise such compensation, and to highlight the position of
Islamic jurisprudence on the extent to which compensation for such damage is
permissible and the jurisprudence on the principle of compensation and its implications.
The study followed the descriptive and analytical approach, as well as the comparative
approach between Omani legislation, Egyptian legislation, and Islamic jurisprudence.
The study is divided into two chapters: What is moral damage, its forms and
conditions, and the second chapter: The legal basis for compensating and proving moral
damage.
The study came up with a number of findings, the most prominent of which was
that the damage that Islamic law and positive laws seek to eliminate is anything that
affects a person, whether in his body, money or soul; his right is protected by
compensation for what he has suffered, and that Islamic jurisprudence recognises the
legitimacy of compensation for moral damage, as it is mentioned in the term of guarantee,
and that the Omani legislator adopts what the Islamic Shari'a recognises as the obligation
to compensate the injured. However, the Omani legislature has not clearly regulated
compensation for moral damage within its laws. Therefore, the most important
recommendation of this study was to urge the Omani legislator to regulate compensation
for (moral) moral damage in the Civil Transactions Law, in terms of stating its conditions
and those entitled to compensation..
Keywords: Damage, Moral Damage, Compensation, Damaged, Reversionary Damage
