Combination Between Diyaah and Compensation in the Jordanian and UAE Legal Systems

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.