List of Articles Spiritual Damage

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  1 - La_Zarar Rule and Spiritual Damage Compensation on Family
  Seyed Abolghasem Nagibi
  Family is the oldest human institution that emerged as a result ofsocial, emotional and legal solidarity between groups of humanbeings who are linked together via marriage bond. The efforts of themembers of the groups bring about credit and social dignity for thefamily More

  Family is the oldest human institution that emerged as a result ofsocial, emotional and legal solidarity between groups of humanbeings who are linked together via marriage bond. The efforts of themembers of the groups bring about credit and social dignity for thefamily institution which is regarded as their shared spiritual capital.This capital has been recognized by Islamic social teachings as wellas by Islamic law; accordingly, moral and legal rules, both publicand private, have been stipulated by the Islamic law in order tosupport this valuable capital. One such rule is that of la zararwa lazirar. This rule, based on a hadith narrated by MurratibniJundab, isused to recognize any spiritual damage on family as being a case forzarar (incurring loss) or zirar (inflicting loss upon others) in orderto confirm a verdict and hence compensate for any such damage orloss on family. Also, in view if the spirit of this rule, any damagecompensation for an individual or a group is legally recognized.Since establishing a legal person status for family appears legallydifficult, any individual members of the family (as natural persons)may sue for any damage to their dignity and emotions in the familywithin the context of this same rule. Manuscript profile
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  2 - Spiritual Damage Compensation in jurisprudence and law of Iran
  saideh mahmoodi ahmad moradkhani
  The general purpose of the law is creating order and establishing justice, although human being have two dimensions, physical and Spiritual, but civil law discuss physical dimension and try to achieve great purposes such as keeping an order, establishing justice, and pr More

  The general purpose of the law is creating order and establishing justice, although human being have two dimensions, physical and Spiritual, but civil law discuss physical dimension and try to achieve great purposes such as keeping an order, establishing justice, and protection from individuals and social rights and hostility abatement by emphasizing this aspect. In Islamic legal order, social matters should supply in a way which to feasible sensual perfection acquiring and Spiritual degrees upgrading, so Spiritual loss compensation legitimating should register by financial and non-financial ways. As law should keep movable and immovable properties of people from aggression and invasion so it is necessary to predict obligatory rules to keep prestige, non-financial credits and facilities of people from insults, accusation, intrigue and aggressions . Despite suitable fields in world legal texts, there is no possibility of comprehensive Spiritual damage compensation and the majors prevent from issuing action about wanted Spiritual damage claim though current legal texts are obvious and administration of justice of many damaged persons who tolerated irretrievable harms in Spiritual law area is provided. Also there are some rules in perspicuous jurisprudence of Islam that emphasize on Spiritual damage compensation. Manuscript profile
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  3 - Legal analysis of the nature of spiritual damage and the ways of compensating of it in the light of the jurisprudence
  hamed rostami najafabadi mehdi naser
  In the present era, with the development of the technology and the expansion of facilities, the occurrence of damage and, consequently, the creation of harm is inevitable. But the loss of belonging is usually property or material phenomena, but it must be acknowledged t More

  In the present era, with the development of the technology and the expansion of facilities, the occurrence of damage and, consequently, the creation of harm is inevitable. But the loss of belonging is usually property or material phenomena, but it must be acknowledged that in certain cases it may not be the loss of material and tangible things, but the dignity , honor, or emotions and feelings can also be considered to be a disadvantage. Most of the lawsuits bringing to the courts involve a claim for damages and losses beyond legal fees, such as the cost of treatment, disability, and spiritual damage disputes. Because in the current world, on one hand, the financial consequences of this kind of damage are much heavier than in the past, and in most legal systems of the contemporary world, the injured is responsible and guarantor for the compensation of all the damages caused by this injury. In the legal system of Iran, despite the fact that there are stigmatizations of spiritual damages in different codes, many courts still in practice refuse to issue the compensation for spiritual damages.In this article, while investigating the concept of spiritual damages, we will see how these losses are compensated for, and, in the end, why the courts have doubts about the issue of compensation for damages, and there will be some suggestions for making these courts removed of the doubt. Manuscript profile
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  4 - Damages and spiritual losses of emerging customary marriages in society and their solutions
  Ahmad Sarmi morteza chitsazian Ali Bahrami nejad
  It is a fact that spiritual damages and losses have effects on family leading to its rights to be abused and wasted culminating in the collapse of its foundation; something that are seen frequently in the emerging white marriages in our society, as these marriages don&r More

  It is a fact that spiritual damages and losses have effects on family leading to its rights to be abused and wasted culminating in the collapse of its foundation; something that are seen frequently in the emerging white marriages in our society, as these marriages don’t follow the principles of the legal and religious ones. These damages and losses include the couple going under the compulsion of covering up; men and wife enduring the resulting heavy mental and psychological burden, depression, along with frequent lying to cover up the fact; all just to satisfy mere lust and sexual desires, committing crime and guilt as the result, being deprived of legal and common protections, deflowered girls, loss in value of virginity, failure in their next marriages, short-term relationships, admitting to be permanently and absolutely single, promotion of childlessness or giving birth to illegitimate children, lack of satisfaction in sexual relationships due to poor quality relationships, increased number of abortions, decreased number of childbirths, decreased population, increased number of foundlings, increased number of unattended children, and children with no identification, creating the need to establish centers for the protection of unattended children and foundlings, overpassing the obscenity of illegitimate relationships, increased domestic violence against women, the couple's infidelity toward each other, increased corruption in society, insecure families, decreased physical and sexual health of society members, increased sexual diseases, drifting away from legal marriages, rise in legal age of marriage among the youth, rise in divorce statistics, increased number of runaway girls, general commitments violations, disclosure of man´s and wife´s secrets, accusations regarding infidelity, men´s abuse of polygyny by violating the legal principles and justice, ... Manuscript profile