Jordan's Legal System Faces Challenges in Compensating Moral Damage Claims

A new legal study is examining how Jordanian law handles compensation for moral damage—a term covering harm to emotions, dignity, or reputation. While the country has made progress in recognising such claims over the past two decades, questions remain about how effectively courts assess and award compensation in these cases.

The study focuses on the distinction between material and moral harm, a division first outlined by legal scholar Al-Sanhuri. Material damage involves physical or financial injury, whereas moral damage arises from attacks on a person's feelings, dignity, or social standing. Jordanian law, particularly Article 267 of the Civil Code, already acknowledges liability for such harm, mirroring similar provisions in Iraq's Civil Code.

Over the last 20 years, Jordan has expanded its recognition of moral damage, notably through 2017 amendments allowing compensation for psychological suffering. This trend aligns with broader developments across the Arab world. Egypt updated its Civil Code in 2008, Saudi Arabia introduced emotional distress awards after 2020, and the UAE reformed tort laws in 2018. Lebanon, too, has seen judicial rulings gradually widen the scope of compensation.

Yet, despite these advances, the study highlights a key issue: Jordan lacks clear, consistent criteria for assessing moral damage claims. The research will use a descriptive-analytical approach, reviewing legal texts, judicial decisions, and doctrinal opinions. It will also compare Jordan's system with those of neighbouring countries to identify gaps and potential improvements.

The goal is to propose a more coherent framework for classifying moral damage cases and determining fair compensation. By doing so, the study seeks to address whether current methods truly deliver justice for those affected.

The findings could help shape future legislative reforms in Jordan, ensuring more predictable and equitable outcomes for moral damage claims. With neighbouring countries also refining their approaches, the study may contribute to a broader regional discussion on balancing legal consistency with the need for fair compensation.