Judicial principles and studies
Compensation for Moral Damage under Civil Liability
The study examines compensation for moral damage arising from gross fault, emphasizing the requirement to prove the harm and its limits under Article 267 of the Civil Code.
Updated: 10 September 2026
Prepared and reviewed by: Ashraf Al-Khawaja
Subject
The study addresses claims for compensation for moral (non-pecuniary) harm within civil liability, particularly when caused by gross fault. It notes the reparative character of such compensation and its limitation to the extent of the harm in light of Article 267 of the Civil Code.
Summary
When moral harm compensation arises from gross fault, its purpose is restorative—aimed at making the injured party whole—and the award is measured by the actual harm suffered. Moral harm is not presumed and must be proven: the claimant bears the burden of proving the elements of civil liability, including the harm. The effect of moral harm varies with individuals' social standing, so proof should show impact on reputation or social position. Related judicial references appear in تمييز حقوق رقمي ( ۲۰۲۱/٥٤٩٢ هيئة عامة و ٢٠٢٤/٦١٧٧).
Practical significance
In practice, claimants should produce evidence demonstrating the moral injury and how it affected reputation or social status; tribunals should limit compensation to the verified extent of harm and treat awards as reparative when caused by gross fault. This is an educational summary and not a judicial text or legal advice.
Sources and references
Verify the official text and latest amendments before relying on this material professionally.