التعويض عن الضرر المعنوي وضوابطه في الفقه والقضاء

Compensation for moral (non-pecuniary) damage is considered a relatively modern topic in legal doctrine and judicial practice. It refers to compensation for harm that is not financial in nature, affecting a person’s feelings, emotions, dignity, reputation, or psychological well-being, such as mental distress, grief, and emotional suffering resulting from the violation of personal rights.

Legal doctrine has generally recognized that this type of damage is no less significant than material damage, even though it is difficult to assess in monetary terms because it concerns intangible human aspects that cannot be precisely quantified. Therefore, most legal systems have accepted the possibility of awarding compensation for moral damage based on the discretionary power of the judge.

In judicial practice, compensation for moral damage requires the existence of three elements: fault, damage, and a causal link between them. It is also required that the damage be direct, personal, and certain.

One of the main conditions is that the claim must be brought personally by the injured party, since it is a right closely linked to personality rights. It is generally not transferable by inheritance unless it was claimed by the victim during their lifetime or fixed by agreement prior to death in some legal systems.

When assessing compensation, the judge takes into account the personal circumstances of the victim, the nature and severity of the wrongdoing, and its psychological and social impact, without relying on a fixed or mathematical standard of calculation.

Doctrine emphasizes that the purpose of moral damages is not to enrich the victim, but rather to alleviate suffering and provide a form of moral satisfaction or relief.

Comparative and Arab jurisprudence has consistently upheld compensation for harm affecting reputation, dignity, privacy, or emotional suffering resulting from wrongful acts.

Thus, compensation for moral damage is considered a legal mechanism aimed at achieving justice and restoring psychological balance to the victim as far as possible, within the discretionary limits of the judge.

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