Study of the Compensability of Damages Caused by Loss of Profit In Hanafi Jurisprudence and Afghanistan Law

Abstract

This article studies the compensability of damages caused by loss of profit in the field of Hanafi jurisprudence and Afghan law. The damage caused to the victim is included in the damage caused by the loss of profit and the causer of the damage is obliged to compensate it. However, Hanafi jurists do not consider the damage caused by the loss of profit to be a guarantee and do not consider the cause of the damage to be compensated for. Therefore, the question is what are the base, reasons, and documentation of this point of view in Hanafi jurisprudence? And why can't the loss of profit be compensated? The findings of this research show that the non-compensability of damages caused by the loss of profit in Hanafi jurisprudence is rooted in profit, the definition of property and non-taxability of benefits from the point of view of Hanafi jurisprudence, and Afghan law does not follow Hanafi jurisprudence in this regard. The damage caused by the lack of profit is compensable, regardless of whether the damage is caused by a breach of contract or an illegal act.