Compensating the Emerged Damages in Islamic Sharia and the Iraqi Law, Methods to Compensate and the Way to Assess It

Abstract

The issue of damage and its compensation is one of the emerging topics discussed by Islamic jurists, scholars, and contemporary scholars in line with civil law, which was the first to define this term. In this regard, this research aims to shed light on compensation for bodily harm in the light of Islamic jurisprudence, the judiciary, and laws regulating compensation using the comparative analytical method between Islamic jurisprudence and Iraqi laws. The study also seeks to clarify the laws in force in Iraq and Islamic legislation respecting human sanctity while not making the matter in vain. Nonetheless, disciplinary penalties have been imposed on this harmful act regarding physical and moral damage. The granted disciplinary authority to the judge is the one that authorizes him to assess the damage and inflict the appropriate punishment for the offender/felon, including imprisonment, beating, or a word according to the nature of the felony, and the nature of the offender, which is all from the principle of reform. The Muslim Ummah is pure and free from all kinds of immorality and immorality. The remaining sections of this research are as follows.The introduction Section contains the importance of the topic, the research method, and the statement of the problem. The first topic includes the concept of compensation for damage in Islamic jurisprudence and Iraqi laws. In addition, the second one contains ways to compensate for the resulting damages in Islamic jurisprudence and Iraqi laws. Finally, the third topic focuses on compensation for damages caused in Sharia and law in the criteria for estimating time.