مجلة ريحان للنشر العلمي مجلة علمية، محكمة، شهرية، مفتوحة الوصول
جبر الضرر بالتعويض المالي ليس بغرامة محرمة
The subject of this research establishes the fairness of Sharia law and its concern for people’s rights, including eliminating harm from those harmed, as it commands the harmer to make amends for the harm, even if it was caused unintentionally. To achieve the interest and ward off corruption, and to preserve the sanctity of people, the most important of which is to preserve life and money. The texts of Sharia from the Qur’an and Sunnah have indicated the legitimacy of compensation for damages, and it is permissible for the harmed person to take compensation from him unanimously, provided that it is equal to the extent of the damage, and he also has forgiveness, which is better. The researcher used the inductive approach in the texts mentioned in this matter from the Qur’an and Sunnah, and the descriptive and analytical approach, and concluded with results, the most important of which are: that reparation of harm is permissible in all heavenly religions, and that which reparates with money what was caused only by material damage, while the moral is concerned with limits, and that reparation of harm is obligatory whether It occurred directly or caused by excessiveness or negligence, and if the perpetrator is unable to do so, the guardian must compensate him. So that the right of the oppressed is not lost, and that the rights of the infallible do not lapse by statute of limitations.
Keywords: Reparation, Compensation, Fine, Guarantee, Damage.
Mohamed Mokhtar Ibrahim ENDIR, College of Islamic Sciences, Souq al-jumma, Tripoli University – LIBYA
