Top judges urge equal blood money

RAS AL KHAIMAH // The country's top judges decided yesterday that the payment of diyyah, or blood money, in cases of accidental death should be the same for both men and women. The sixteen supreme court judges, representing all the emirates, will forward their recommendation to the Judicial Coordination Council, which oversees the judicial systems at local and federal levels and resolves any disputes or problems between them.

Currently, the families of male victims are granted Dh200,000 (US$54,400), while the amount awarded for female victims varies to as little as half that amount. In Abu Dhabi, Dubai and Ras al Khaimah, which each have an independent supreme court, the payment is equal for men and women. In Sharjah, Umm al Qaiwain, Fujairah and Ajman, which are overseen by the Federal Supreme Court, the diyyah for women is usually Dh100,000, in accordance with inheritance laws that grant women half the share of men.

The judges reached their decision after each had presented his position on the payment of diyyah, the traditional Islamic compensation for causing death, at a seminar in Ras al Khaimah. "We came to the conclusion to make the diyyah between men and women equal," said Yehya Galal Ali, head of the Supreme Court of Ras al Khaimah, who called the meeting. "Now all the supreme courts of the whole country have decided to apply this.

"It's very good that we've come to an agreement on all matters. The law is the same but, before, the interpretation of the law took many views." The judges will forward their recommendation to the Judicial Coordination Council in Abu Dhabi for approval. If approved, Judge Ali said, the legal clarification would benefit judges, citizens and residents across the country. "Before only Abu Dhabi interpreted the law," said Dr Ali Ibrahim el Imam, a judge in Dubai for almost 20 years, speaking of the diyyah. "But from the inception of the Dubai court in 1988, blood money for women was equal."

Unification of the law across the country has become a priority in the past two or three years, he said. In Ras al Khaimah, granting equal diyyah for women only became standard practice about a year ago. Now, Dr el Imam feels it is time to unite the country. "Definitely now it's better for people," he said. The supreme court judges yesterday also discussed whether compensation should be awarded in addition to diyyah, and decided to recommend that compensation be applied only in 13 specific circumstances.

Under federal law, compensation is considered distinct from diyyah, which remains fixed irrespective of nationality, religion or employment. Compensation, however, is intended to redress the emotional pain and financial loss of the victim's family, and varies according to the individual. "According to federal law article number 299, it is forbidden to combine diyyah and compensation," said Sheikh Ahmad al Khatri, head of the RAK judiciary and chief of the RAK courts, who is also a member of the Judicial Coordination Council. "Now this is being put to debate. They want to set an exact interpretation to this."

Courts in Ras al Khaimah and Dubai traditionally award victims' families with compensation in addition to diyyah. The Supreme Court of Abu Dhabi and the Federal Supreme Court do not. "All of the judges are very happy because this is the first time they have reached an agreement so quickly," said Sheikh al Khatri. "This is the first time everybody has agreed." It is expected that the changes will take effect within a few months, after approval from the Judicial Coordination Council.

The council includes the minister of justice, who serves as the president; the chief of Dubai courts; the undersecretary of the Abu Dhabi courts; the president of Federal Supreme Court; the president of RAK Courts; the director of RAK courts; the director of the Federal Judicial Institute, and the director of the Judicial Institute of Dubai. azacharias@thenational.ae