1
Assistant Professor of Jurisprudence and Law, Mazandaran University, Babolsar, Iran.
2
PhD student in Jurisprudence and Law, Faculty of Theology, University of Mazandaran, Babolsar, Iran.
Abstract
One of the important issues in judicial decision-making is compensation for moral damages. The laws stipulate its necessity, but the methods for diagnosing, measuring, and compensating for it are not clearly specified, and until the consequences of moral damage are removed from the injured person, compensation for that damage seems necessary. Among contemporary jurists, Imam Khomeini has some theories about the causality and moral damages caused; according to his view, custom considers compensation for any damage that has been caused unjustly necessary. There will be no prohibition or obstacle in this regard from the wise legislator, and it has also been stipulated in jurisprudence, but compensation for these damages does not have a specific practical judicial solution. It seems that although complete compensation for moral damages is impossible, it is fair to take action to compensate for some of the pain and suffering of the injured person. If the judicial system adopts a solid judicial process regarding compensation for moral damages, it can take action to achieve the deserved rights of members of society by creating greater satisfaction and confidence. In addition to accepting that any harm caused to individuals can be compensated, this article presents solutions for diagnosing, measuring, and compensating for moral harm so that judicial decision-makers can easily refer to them and take action to compensate.
Jahani,A. and Jabbarzadeh,S. M. A. (2024). Solutions for compensating for moral damages in judicial decisions with emphasis on the views of Imam Khomeini. Applied Research in Jurisprudence and Law, 4(2), 38-58.
MLA
Jahani,A. , and Jabbarzadeh,S. M. A. . "Solutions for compensating for moral damages in judicial decisions with emphasis on the views of Imam Khomeini", Applied Research in Jurisprudence and Law, 4, 2, 2024, 38-58.
HARVARD
Jahani A., Jabbarzadeh S. M. A. (2024). 'Solutions for compensating for moral damages in judicial decisions with emphasis on the views of Imam Khomeini', Applied Research in Jurisprudence and Law, 4(2), pp. 38-58.
CHICAGO
A. Jahani and S. M. A. Jabbarzadeh, "Solutions for compensating for moral damages in judicial decisions with emphasis on the views of Imam Khomeini," Applied Research in Jurisprudence and Law, 4 2 (2024): 38-58,
VANCOUVER
Jahani A., Jabbarzadeh S. M. A. Solutions for compensating for moral damages in judicial decisions with emphasis on the views of Imam Khomeini. Applied Research in Jurisprudence and Law, 2024; 4(2): 38-58.