Blood money in debate

Community leaders will discuss whether uniform compensation should to be paid to families in the event of accidental death, regardless of the victim's gender.

RAS AL KHAIMAH // Judges, scholars and religious clerics are meeting here today to discuss whether women's families should be entitled to the same blood money as men's in the event of accidental death caused by a third party. Under federal law, a person who accidentally commits a harmful act that causes the death of another is obliged to pay Dh200,000 (US$54,400) for male victims, irrespective of nationality or religion. Courts across the UAE disagree, however, on whether the families of women should be compensated equally or receive half the amount of male victims.

In an effort to bring about uniformity, Ras al Khaimah will host dignitaries from across the country at a seminar to discuss diyya, the Islamic tradition of compensation for accidental death, or blood money. "Explanations for this concept differ from one court to another," said Yehya Galal Ali, head of the Supreme Court of Ras al Khaimah, who called the meeting. The seminar is to unite the interpretation of the text in all courts, he said.

In RAK, Dubai and Abu Dhabi, each of which has an independent high court, the families of female victims are usually accorded the same amount as those of men. In Fujairah, Umm al Qaiwain, Sharjah and Ajman, however, diyya for women is usually half the amount. "In RAK and Dubai, women and men are given equal diyya according to the courts," Judge Ali said. "There are differences between the emirates and experts on these points. At federal courts, women take half the diyya. This is the conflict."

Today's conference aims to reach a clearer and unified understanding of this law across the emirates. "The concept of diyya means compensation to the victim," Judge Ali said. "The concept is very old. It was in Saudi Arabia before Islam itself. Islam credited that system and made rules and terms to it. Before Islam the diyya was different from one person to another according to the tribe and the individual. When Islam came it set rules for this. The main principle is equality to all people and for the same amount of money to be equal for everybody."

Jamal al Najjar, a lawyer who has practised in Ras al Khaimah for more than 15 years, called it a simple difference in views. "As a lawyer, I respect this," he said. "But for me, I believe God created one soul for men, women, children, Muslims, and non-Muslims. We are all humans. "The origin of this principle is religious and there are different opinions. For inheritance, it is two shares for men and one share for women because it is assumed that men can spend and women can keep the money in the pocket. Religious people say we will measure this rule and apply in the case of diyya. But there is another group that says 'No, men and women are one soul'. So sometimes they apply it accordingly. And this is different from emirate to emirate."

While the principle of the law remains constant, Mr al Najjar stressed that the application of a law can change without betraying its intended purpose. For example, diyya has increased in the UAE to meet the growing cost of living. In RAK, women were once accorded half the diyya of men. Gradually judges began to grant women equal diyya, and approximately a year ago this became standard practice. Diyya must always be awarded to a deceased's family under UAE law, but the amount awarded may also vary depending on the circumstances surrounding death. If a judge rules that the deceased was partly responsible, the diyya may be reduced. When the person responsible for the death is unable to pay the full diyya, the judge may try to broker a settlement with the victim's family. Charities may also help. Anyone with the means to pay diyya but who tries to evade it faces imprisonment.

Diyya is distinct from compensation, which is often granted to families to address emotional and financial loss. In such cases, the judge will take into account a family's personal circumstances, such as the deceased's dependants, employment and country. "We respect judgments," Mr al Najjar said. "If they make women similar to men it is no harm and I believe it is not against Islam. I believe we are in one state. It would be better if they agree. We have three high courts in the Emirates. If they agree on one principle it would be great."