Islamic Law

Islamic Law

مقابله به مثل در ضرر معنوی

Articles in Press

Document Type : Original Article

Authors
Masoud Shokohi 1
sayed hassan abedian kalkhorian 2
Alireza Asgari 3
Ahmad Moradkhani 4
1 PhD. student of Fiqh and Fundamentals of Islamic Law, Qom Branch, Islamic Azad University, Qom, Iran
2 Assistant Professor of Islamic jurisprudence and Islamic law, Qom, Islamic Azad University, Qom, Iran
3 Assistant Professor, Department of Fiqh (jurisprudence) and‌ Basis of Islamic law, Qom Branch, Islamic Azad University, Qom, Iran,
4 دانشیار فقه و مبانی حقوق اسلامی، واحد قم، دانشگاه آزاد اسلامی، قم، ایران
10.22034/ilaw.2024.718497
Abstract
Abstract
"Any decrease in wealth, health, knowledge, position, reputation, peace, and comfort" means loss. Scholars and jurists have not defined the meaning of harm relative to material things, and even specified some spiritual cases such as damage to honor and dignity. "Any harm from anyone, to the non-material dimension of human beings individually, collectively and socially" will be a spiritual harm.
"Combating in kind" is a kind of defense and a kind of response to the initiating action, and it is considered a kind of punishment for the aggressor, therefore it is possible to waive this right.
Is it possible to "fight like a match" in spiritual affairs? If spiritual harm has been done through a haram act, can it be countered through a haram act? The majority of Imamiyya jurists have not issued permission for the haram verb as "combating like".
Keywords
Loss
spiritual loss
reciprocation
slander
hurling

Subjects