Manuscript Title:

THE LEGAL NATURE OF WERGILD IN JORDANIAN CIVIL LAW

Author:

Dr. MOHAMMAD ALI AHMAD AL-AMAWI

DOI Number:

DOI:10.5281/zenodo.15386036

Published : 2025-05-10

About the author(s)

1. Dr. MOHAMMAD ALI AHMAD AL-AMAWI - Assistant Professor of Civil Law, Al-Ahliyya Amman University.

Full Text : PDF

Abstract

Wergild is the financial equivalent of the physical harm caused to the right to life and the right to physical integrity. The Jordanian legislature treated it as an element of compensation for bodily harm, along with compensation. Opinions differed on the legal nature of wergild; one view held that Wergild is purely criminal, another held that it is purely civil compensation. A third view holds that it is a sanction that combines both punitive and compensatory qualities. In this study, we tried to arrive at the proper legal adaptation of Wergild in Jordanian civil law by referring to the historical source of Wergild as one of the concepts of Islamic criminal legislation. We reviewed its philosophical and legal basis and concluded that the Wergild provided for in article (273) of the Jordanian Civil Code is a fixed compensation in the legal text as an alternative to loss of life and loss of organs or paralysis of their functions, without including material and moral damages resulting from such destruction. Therefore, the text in article (274) of the Jordanian Civil Code states supplementary compensation to the Wergild, including such damages. In view of this complementary relationship between the wergild as an objective compensation and the personal compensation intended in article (274), a combination of Wergild and compensation is possible.


Keywords

Wergild, Physical Harm, Compensation, Punishment, Legal Nature, Jordanian.