Abstract:
Gathering between Diyaah (blood money) and compensation is a controversial issue in
the Jordanian and UAE legal systems.
This is evident in the United Arab Emirates especially, because it is a federal state, where
the judicial jurisdiction is divided between the federal courts and the local courts. This may
cause a divergence in the legal approaches taken regarding this issue.
Such a divergence may contradict justice, since it affects trust and certainty which
are necessary in litigation. Normally, litigants presume that persons who are in the same
situation, and have the same conditions, should be treated equally.
For this reason, and through studying the rulings decided by the courts in Jordan and UAE
with regard to this issue, this paper aims at shedding light on the points of divergence within
these rulings, so as to find solutions to this problem. Such divergence should be assessed in
light of the relevant laws and Islamic jurisprudence.