Award of Monetary Compensation for Intangible Damage with Special Reference to Defamation under Islamic &amp; Pakistan Law

Hafiz Ghulam Abbas,Muhammad Asad,Naseem Razi

doi:10.26501/jibm/2019.0902-013

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.

Highlights

INTRODUCTIONEvery person has right to be compensated against the violation of his civil rights. The compensation may be tangible or intangible in nature
The important issue to examine here is the method used by the courts for assessment of intangible damage in respect of defamation/mental torture sustained by the victims
From the above discussed cases, important findings can be inferred as given below: i) Award of compensation for intangible damage is legal in Pakistan; ii) The court itself can determine the quantum of compensation and award of monetary compensation according to the situation of every case; iii) There is no standard fixed by law for measuring the compensation it becomes very hard to measure a just, fair and reasonable damages; iv) In the absence of a standard to measure a fair compensation, discretion of the court is exercised

Summary

INTRODUCTION

Every person has right to be compensated against the violation of his civil rights. The compensation may be tangible or intangible in nature. The important issue to examine here is the method used by the courts for assessment of intangible damage in respect of defamation/mental torture sustained by the victims. From the above discussed cases, important findings can be inferred as given below: i) Award of compensation for intangible damage is legal in Pakistan; ii) The court itself can determine the quantum of compensation and award of monetary compensation according to the situation of every case; iii) There is no standard fixed by law for measuring the compensation it becomes very hard to measure a just, fair and reasonable damages; iv) In the absence of a standard to measure a fair compensation, discretion of the court is exercised.

Compensation Awarded by the Court

CONCLUSION