Requirements for Compensation in the Saudi System and Islamic Jurisprudence

Abstract

This research aims to identify the requirements for the compensation in the Saudi system and Islamic jurisprudence. It highlights two types of damage: material and moral. It argues that the requirement for the existence of damage is what distinguishes administrative or civil liability from moral and criminal liability. Moral rules denounce and condemn sin without regard to whether this sin has achieved its evil purpose or not. In criminal law, criminal liability does not exist unless the intention of the perpetrator appears. The main hypothesis of this research is that damage entails compensation whenever it occurs. It concludes that compensation is one of the important principles in Islamic law to guarantee the rights of Muslims and preserve their property so that no one transgresses against another and that a Muslim does not transgress the rights of other Muslims.