United Arab Emirates: mother ordered to pay blood money (diyyah) for causing the death of her unborn child
Blood money (diyyah) is derived from Sharia law, which forms part of the UAE's constitution. (Photo by Moha' Al-Bastaki)
Within a week of judge Dr Abdul Wahab Abdool calling for a change in the Unites Arab Emirates’ (UAE)blood money (diyyah) law, which regulates compensation payments for the families of people killed in accidents, The National has published several stories outlining confusing and potentially controversial aspects of the law.
Diyyah is an ancient Sharia law, according to which a person who causes the accidental death of another must compensate the family of the deceased. In the UAE, diyyah is set at Dh 200,000 (US$ 54,000) for an adult.
On 3 May 2009 a pregnant mother who lost her child in a road accident was ordered to pay diyyah for the foetus. The bereaved mother must now pay Dh 1,000 (US$ 270) for causing the accident and Dh 20,000 (US$ 5,400) in legal diyyah for the death of her own baby - one tenth of the diyyah for adults.
The Dubai Traffic Court released a statement that confirmed that this was the first ruling of its kind and argued that diyyah was due because the mother had not exercised due care and diligence while driving.
Chief traffic prosecutor Salah Bu Farousha told the National: “This may be the first case of its kind and may appear unusual to some, but the case highlights the fact that an unborn foetus also has rights as any human being.”
Diyyah is a traditional and much misunderstood law. Its original intention was to reimburse families for the lost future earnings of a relative killed in an accident.
At the moment, the UAE’s more conservative muftis are known to award only half the amount if a woman is killed – in accordance to the way diyyah was awarded at the time of prophet Mohammed. At the same time, more liberal muftis support equal diyyah for men and women.
“There is a conflict in the constitution in this area,” Dr Abdool told reporters. “On one hand it calls for the equality between men and women; on the other hand it calls for the implementation of the Islamic Sharia law. Courts that have ruled women receive half the value of men relied on the Sharia law, while courts who applied equality relied on the constitutional right to equality between men and women. So legally speaking, both are right.”
Another complex aspect of diyyah was highlighted by the story of Sophie Francis, a British expat living in Dubai, who accidentally ran over a labourer from Afghanistan in December 2006. She was arrested and taken to a police station where she was held until her family paid the diyyah of Dh200,000 (US$54,000).
The money was for the family of the deceased, whose only form of identification was the handwritten business card he had on him at the time of the accident. He was not carrying a wallet and the courts were unable to establish why he was so far from his workplace that day.
The man apparently jumped out infront of Francis’ car as she drove towards Dubai Mall of the Emirates. There was no time to brake and the man died instantly.
Francis was later found not guilty by the court, meaning her family was reimbursed by her insurance company.
Only 20 when the accident happened, Francis was distraught when she found out that poor labourers who feel they have nothing to lose are known to resort to jumping in front of cars.
“It happens,” Francis told The National. “They have no money, they are ashamed to go back home and they want to leave something for their families.”
Diyyah, while being an integral and time-honoured part of the legal code in many Arab countries, appears to be in need of a 21st century update.
“More precise laws need to be adopted on a federal level to set this straight once and for all and avoid confusion,” argued Dr Abdool.
On 16 April 2009 the UAE’s supreme judges recommended to the UAE’s Judicial Co-ordination Council that equal diyyah should be paid for men and women. But it could be some time yet until the law is actually changed.
Tags: blood money, diyya, diyyah, Dr Abdul Wahab Abdool, nited Arab Emirates, Salah Bu Farousha, Sharia, Sophie Francis, The National, UAE, women's rights
