Scope of Compensation for Moral Damage in Contractual Liability in Jordanian Civil Code and Islamic jurisprudence

Abstract

This study addresses the topic of non-material compensation within the framework of contractual liability in Islamic jurisprudence and Jordanian civil law. Scholars of Islamic law and legal experts agree that non-material damage refers to harm inflicted on others, causing psychological and moral pain to the affected party, resulting from an infringement upon their reputation, dignity, honor, social status, or financial standing. Since this type of damage violates fundamental human rights rather than financial rights, there are differences in how compensation for such damage is handled. In Islamic law, there is no specific punishment or valuation for non-material damage in the Quran or the Prophetic traditions. Instead, the punishment is discretionary and left to the judge's ruling. As for the Jordanian legislator and judiciary, compensation for non-material damage is excluded within the framework of contractual liability. Instead, the principle of compensating for non-material damage is applied under harmful acts. The reliance on judicial guarantees and the final judgment for compensation is left to the judge's discretion. Additionally, the right to modify the agreement, according to the court's opinion, is considered to ensure that the damage assessment aligns with its magnitude. However, this approach neglects the value of the contractual agreement between the parties involved