Abstract
This paper examines the controversy among modern Islamic jurists
whether in case of any intangible damages (especially defamation), any monetary
compensation (solatium) under Islamic law (Shar¯ı‘ah) can be extended or not. It also
evaluates the method used for measurement of monetary compensation for intangible
damage by Pakistani courts. Further, whether monetary compensation awarded for
intangible damage is legal, just, fair and reasonable. It finds that majority of modern
Islamic scholars consider the award and claim of the monetary compensation for
intangible damage as legal. It also, in Pakistan’s perspective, finds that; (i) there is
no yardstick or definite principle for measuring compensation, (ii) compensation
awarded is valid, but generally not just, fair and reasonable, (iii) discretion used by
the courts to award compensation seems subjective and, (iv) harmony lacks between
the amount of compensation claimed by the victims, and that awarded by the courts.
It concludes that courts should formulate viable principles in this regard.
Hafiz Ghulam Abbas, Muhammad Asad, Naseem Razi. (2019) Award of Monetary Compensation for Intangible Damage with Special Reference to Defamation under Islamic & Pakistan Law, Journal of Islamic Business and Management, Vol ume 9, Issue 2.
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