Moral Damages in Offenses Entailing Diya in Iranian and Kuwaiti Law

Document Type : Original Article

Authors

1 PhD Student in Criminal Law and Criminology, Faculty of Law, University of Qom, Iran, Qom

2 Assistant Professor, Department of Criminal Law and Criminology, Faculty of Law, University of Qom, Iran, Qom

10.22091/dclic.2026.16697.1193

Abstract

Moral damages arising from crime in bodily injuries are an important aspect of victim protection and compensatory justice. In Iranian law, Note 2 of Article 14 of the Iranian Criminal Procedure Code, enacted in 2014, excludes payment of moral damages from crimes occasioning blood money and creates inequality among victims. This inequality becomes more apparent in cases of mutual conflict; for instance, a victim of insult can claim moral damages, whereas a victim of battery and wounding, having endured bodily injury, psychological suffering and reputational effects, is often limited to blood money. Using a descriptive-analytical method and comparative approach, this article examines the status of moral damages in crimes occasioning blood money in Iranian and Kuwaiti law. The findings indicate that blood money, while serving a compensatory function, does not cover all moral and personal consequences of a crime; furthermore, Arsh and Hukumat - due to their linkage with the logic of blood money and the assessment of physical injury – are not independent mechanisms for compensating psychological suffering, reputational harm or social damage. The study of Kuwaiti law shows that blood money, as compensation for bodily injury and moral damage, can be distinguished from non-material suffering. Therefore, recognizing independent, serious, and provable moral damages, with criteria for judicial assessment and prevention of double compensation, provides a more just strategy for protecting victim.

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References

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Volume 3, Issue 3 - Serial Number 11
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Pages 107-135

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