This study aims to explore the compensability of damages arising from the loss of benefit in Hanafi jurisprudence and Afghan law. This is because damages inflicted on the victim may include losses resulting from the loss of benefit, and the party causing the harm is obligated to compensate for it. However, Hanafi jurists do not consider the damages arising from the loss of benefit to be compensable, nor do they hold the party causing the harm accountable for it. Therefore, the question arises as to what the bases, reasons, and evidence for this view in Hanafi jurisprudence are and why damages from the loss of benefit are not compensable. Does Afghan law, which is largely based on Hanafi jurisprudence, follow the Hanafi view in this regard? The findings of this study indicate that the non-compensability of damages from the loss of benefit in Hanafi jurisprudence stems from the nature of benefit, the definition of property, and the lack of value of benefits according to Hanafi scholars. Furthermore, Afghan law does not follow the Hanafi position on this matter and considers damages from the loss of benefit to be compensable in all cases, whether the damage arises from the breach of a contract or an unlawful act.

 

Keywords: Loss of Benefit, Compensation, Hanafi Jurisprudence, Afghan Law

Download article

Download 1315941977فصلنامه حقوق 01.pdf (Size: 376.09 KB)