Documentary review of compensation for moral damages in the Criminal Code of the Armed Forces

The protection of human dignity and the preservation of individual reputation are fundamental pillars of Islamic Sharia and the criminal policy of the Islamic Republic of Iran. Although moral (non-material) damage has a non-financial nature and cannot be quantitatively assessed, its psychological, social, and reputational effects can, in some cases, exceed those of material damages. Within the framework of the Law on the Punishment of Armed Forces Crimes (2011), certain gaps are observed regarding the recognition, proof, and compensation of such damages—particularly in offenses related to dignity, reputation, and social status.
This study aims to explain the jurisprudential foundations and legal provisions for compensating moral damages under the said law, in response to the lack of a clear jurisprudential basis in this area. Using an analytical–descriptive approach and a critical reinterpretation of Islamic jurisprudential sources, the research examines the validity of general principles such as La Darar (no-harm rule), Daman al-Yad (liability for possession), and Man Atlaf (liability for destruction) in establishing responsibility for moral damages.
The findings indicate that these principles alone do not possess sufficient argumentative strength. However, the study demonstrates that the institution of Ta’zir (discretionary punishment) is not confined to corporal penalties; it also has legitimate potential for compensating moral damages and can play an effective role in the criminal policy of the armed forces