Researchers

Ahmad Kairouz

Published in

Homs University Journal, Legal Sciences Series, volume 46, No. 1&5, May 2024.

Abstract

This research aims at studying the issue of compensating the financial and moral harm resulting from ending the engagement, a comparative study between Islamic Jurisprudence and Syrian law , through studying the harm compensation rulings and promise breaking rulings in  Islamic Jurisprudence .Also, this research aims at studying the contemporary Jurists 'opinions in  the compensation the harm resulting from ending the engagement.

This search also tackles studying what the Syrian law stipulated regarding the compensation of the financial and moral harm resulting from ending the engagement. The importance of this research appears through its tight relation with reality. In many times, the duration of the engagement continues for a long time, if one of the parties ends the engagement after long waiting, he will cause financial and moral harm to the other party. The Syrian legislator decided compensating the harmed party in order to achieve justice. One of the most important results I reached is that the unjust party doesn't deserve to get any compensation for the financial and moral harm resulting from ending the engagement unless one of these parties causes harm to the other party other than ending the engagement.

Key words:  Compensation, harm, promise, ending, engagement.

Link to full paper

https://journal.homs-univ.edu.sy/index.php/Law/issue/view/795/727