Guarantee for giving damages to honor and life from the point of view of Imamiyah jurisprudence and law

Subject Areas : فقه و مبانی حقوق

Hamid Kaviani Fard ¹ , Nasrin Karimi ² , Masomeh Todeh Kharman ³

1 - استادیار گروه فقه و مبانی حقوق اسلامی، واحد قم، دانشگاه آزاد اسلامی، قم، ایران
2 - Department of Feqh (Jurisprudence) and Principles of Islamic Law, Faculty of Human Sciences, Islamic Azad University, Qom Branch, Qom, Iran
3 - Department of Feqh (Jurisprudence) and Principles of Islamic Law, Faculty of Human Sciences, Islamic Azad University, Qom Branch, Qom, Iran

Received: 2016-05-27 Accepted : 2016-08-15 Published : 2016-06-21

Keywords: Guarantee, Damage, life, honor,

Abstract :

The subject of guarantee for human lives, is one of the challenging "Islamic Rights and Rules" That its necessity is a lot. But the way of evaluate and compensation is unknown. but also in feqh rules, there is some solutions for compensation for spiritual damages But there is no personal criterion. In fegh, compensating for spiritual damages is depended on reasonable reasons. And very sources of religious orders are depended in especially harmless rule In addition to the "Harmless rule, the other reason for compensating spiritual damages is forecast "Deieh" about compensation for mental damages. Also in Iran's legal system, mental damages can be compensated. in article 9 of "Codes of Criminal procedure" and articles 1,2,8 and 10 from "Civil liability law", the possibility of claiming for losses are available. 141-RR