Article 1 of Federal Decree-Law No. 31 of 2021 states that the provisions of Sharia law will apply to crimes that are punishable by blood money, which is also known as Diya. In Article 67 of the same law, Diya is listed as one of the principal penalties under UAE law. Diya is not a replacement for criminal punishment in all situations; imprisonment and fines may still apply.

What is Diya

Diya is a form of compensation given to the victim’s family based on the principles of Sharia law.

Crimes Where Diya May Apply

  1. Intentional Murder – Article 384 (Diya may apply where Qisas is waived by the victim’s family.)
  2. Assault Leading to Death Without Intent to Kill – Article 387
  3. Intentional Permanent Disability – Article 388
  4. Unintentional Permanent Disability – Article 389
  5. Group Assault Resulting in Death or Serious Injury – Article 392
  6. Negligent or Accidental Killing – Article 393

If a person unlawfully causes another person’s death in circumstances where Diya applies, the court may order payment of AED 200,000 to the victim’s heirs or family. UAE law treats the Diya amount equally for males and females.

Blood Money in Traffic Accident Cases

Diya commonly arises in fatal road accidents. The courts assess:

  1. Negligence
  2. Contributory fault
  3. Road conduct of the victim and accused

In Dubai Court of Cassation Case No. 111/2020, a girl died in a road traffic accident, and the question before the court was whether the parents could claim compensation for moral damages along with Diya. The court held that compensation for moral damages can be awarded in addition to Diya. Diya does not prevent victims’ families from claiming additional damages. An important principle established in this case was that the parents’ grief and emotional suffering resulting from the death of their daughter entitled them to separate moral compensation despite already receiving blood money.

Conclusion

Diya under UAE law serves as both a legal and financial remedy for victims’ families in cases involving death or serious bodily harm. While rooted in Sharia principles, the UAE legal system also recognizes the right of victims’ families to seek additional compensation depending on the circumstances of the case.

We at Ayesha Aldaheri Advocates & Legal Consultants assist clients in matters relating to criminal liability, compensation claims, traffic accident disputes, and legal proceedings involving Diya under UAE law.