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An amount of money known as “blood money” must be paid to the victim’s family to make up for the loss if there is an accident or an intentional death or injury of someone. A “compensation” is a payment made for a family member’s loss or harm. In this article, we will discover the blood money legations under the UEA law 

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What does the term “blood money” mean in UAE’s law? best law firm in dubai

According to Islamic law, Diya, or blood money, is the financial compensation paid to a victim or the victim’s family to recompense for death, physical harm, or property loss. It is an alternate method to Qisas, which signifies vengeance or “eye for an eye” under Shari’a law; whether Qisas or blood money is used is up to the victim’s family. blood money is important in the UAE legal system since the country is ruled by Shari’a law.

The term “Diya” derives from the Qur’an, which states in verse 92, “whoever kills a believer by accident, it is ordered that he must set free a believing slave and a recompense (blood money) be provided to the deceased’s family until they remit it.”

In Shari’a law, as in other legal systems, a person is presumed innocent unless proven guilty and both the claimant and the defendant are treated equally before the law. It is necessary for the claimant to submit proof of guilt and two to four witnesses, depending on the gravity of the offense.

If the claimant is unable to find witnesses, the defendant may be sworn on oath to prove his innocence.

If he refuses, the court may find him guilty, as perjury is a serious offense under Shari’a law. It is important to highlight that the victim’s family will not be able to seek compensation if the death was caused by an “Act of God”. For example, if a victim dies in an airplane crash and it is shown that it was caused by an act of God rather than carelessness on the part of the airline, no blood money is needed to be paid by the corporation.

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How much is the blood money cost in UAE? | legal advocates in dubai

best lawyers in dubai explain that blood money in the UAE for human life is valued at AED 200,000 (($54,458) ) for both men and women. Arsh compensations include the loss of organs, limbs, or function of a body part.

Payments are made based on a set sum, which includes the percentage of impairment established by a committee of medical investigators. Following the acquisition of a percentage, it is assessed as a share of AED 200,000 blood money. For example, if the medical investigation team determines that a person has a 50% impairment percentage, he will be awarded AED 100,000 blood money. When there is bodily injury, such as the loss of both limbs, the Court will deem it to be deserving of the entire blood money sum.

Federal Law Number 3 of 1987, often known as the UAE Penal Code, has a clause that distinguishes between “deliberate killing’ and “unintentional killing.’ According to Article 28 of the Code, intentional killing offenses would be punished by Qisas. It comprises capital punishment (death sentence), life imprisonment, or temporary imprisonment in the UAE as lawyers in UAE clarify.

Furthermore, Article 29 defines the penalties for an unintended killing by designating it as a misdemeanor and providing that in instances when the Court might give blood money as punishment (3). Other misdemeanor penalties stated in 29 include a fine of more than AED 1,000 or brief imprisonment. Furthermore, the Victim’s family is entitled to compensation for moral, bodily, and psychic harm, whether real or intangible, suffered as a result of the wrongful death.

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The pre-condition factors necessary to file a tortious claim under Article 383 are outlined in Federal Law Number 5 of 1985, generally known as the UAE Civil Transaction Law. Their terms are as follows:

  • The presence of duty, which entails taking precautions to avoid any foreseeable harm to others around you, was most notably stated in the English case of Donoghue v Stevenson, which resulted in the “neighbor principle.”
  • Breach of duty of care in which the defendant fails to take action to avert damage
  • An accident happened.
  • The damage suffered was the direct result of the violation of a duty of care.

Every element of a tortious claim based on gross negligence must be satisfied, according to the tort principle. If such losses are proven and the pre-conditions are helped, an individual will face reparations ranging from AED 50,000 to AED 500,000.

According to Article 292 of the UAE Civil Code, all compensation will be evaluated based on the amount of harm suffered by the Victim, as well as loss of profit, so long as it is the natural effect of the harmful conduct. It is vital to remember that blood money has a restriction term, as mentioned in Article 298 of the UAE Civil Code. According to the Code, no claim for compensation for breach of duty arising from a harmful act will be The victim was not entertained beyond three years from the day the Victim became aware of the harm and the identification of the person who was responsible for it. Moreover, the law additionally stipulates that no request for compensation for breach of contract as defined in Article 296 shall be considered after 15 years have passed from the day on which the damaging act occurred. Claims for medical malpractice will be subject to limitations for breach of care.

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conclusion

Khairallah Advocates provides professional services in blood money cases as an experienced law firm with many accumulated years of legal activity. If you are not based in the UAE, you may provide us with a Power of Attorney that is notarized in the country where you are presently resident and attested by the UAE Ministry of Foreign Affairs and International Cooperation.

We will approach the bank, the court, and any other relevant authorities on your behalf in order to offer documentary proof and reach an early settlement.

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