Mother ordered to pay diyyah for her lost baby
Hani Bathish
* Last Updated: May 04. 2009 8:36PM UAE / May 4. 2009 4:36PM GMT
DUBAI // A woman has been ordered to pay diyyah, or blood money, for the death of her unborn child in what prosecutors say may be the first case of its kind.
The Dubai Traffic Court yesterday fined a bereaved mother Dh1,000 (US$270) for causing the road accident in which her near-term baby died. It also ordered her to pay Dh20,000 as legal diyyah for the dead child.
The judge, Ahmad Hassan al Mutawaa, issued his ruling according to Sharia, which sets diyyah for an unborn child at a 10th of that for the mother. In Dubai, diyyah for a woman is Dh200,000.
According to a statement from the court, this is the first case of its kind. Although the amount awarded was calculated according to a federal law dating back to 1987, it is the first occasion on which the relevant articles have been applied.
The accident took place on Oct 4 last year on Emirates Road. The court found that the woman, who was nine months pregnant at the time, had failed to exercise due care and diligence while driving and to keep a safe distance between her vehicle and others on the road.
As she braked suddenly, her car was struck from behind. The force of the collision threw the second vehicle to the left where it hit a third car, while the defendant’s vehicle was knocked forward into a fourth.
Salah Bu Farousha, the chief traffic prosecutor, said the value of the diyyah would be deposited with the court until the legal relatives of the deceased filed a civil case with the Sharia court to claim the money.
“This may be the first case of its kind and may appear unusual to some, but the case highlights the fact that an unborn foetus also has rights as any human being,” Mr Bu Farousha said. He said the Sharia court would determine who the legal heirs were and so who should get the money.
A Dubai legal consultant, Hassan Matar, said the law defining legal diyyah for an unborn foetus was an established one, but the issue had not been raised until now. In this instance, the father could file a civil action for the amount of the diyyah by submitting a claim for damages to the court, citing his suffering from the loss of the child.
“Of course it is a rare case in which a mother is deemed to have caused the death of her own child. Normally a mother is the most protective,” Mr Matar said.
The ruling follows a nationwide debate on the issue of diyyah and whether the payments should be equal for men and women. The country’s 16 Supreme Court judges last month recommended that diyyah be set at the same level for men and women.
In Abu Dhabi, Dubai and Ras al Khaimah, each of which has an independent supreme court, the payment is equal, regardless of sex. In other emirates, the diyyah for men is usually twice that for women.
http://www.thenational.ae/article/20...705039808/1138
Hani Bathish
* Last Updated: May 04. 2009 8:36PM UAE / May 4. 2009 4:36PM GMT
DUBAI // A woman has been ordered to pay diyyah, or blood money, for the death of her unborn child in what prosecutors say may be the first case of its kind.
The Dubai Traffic Court yesterday fined a bereaved mother Dh1,000 (US$270) for causing the road accident in which her near-term baby died. It also ordered her to pay Dh20,000 as legal diyyah for the dead child.
The judge, Ahmad Hassan al Mutawaa, issued his ruling according to Sharia, which sets diyyah for an unborn child at a 10th of that for the mother. In Dubai, diyyah for a woman is Dh200,000.
According to a statement from the court, this is the first case of its kind. Although the amount awarded was calculated according to a federal law dating back to 1987, it is the first occasion on which the relevant articles have been applied.
The accident took place on Oct 4 last year on Emirates Road. The court found that the woman, who was nine months pregnant at the time, had failed to exercise due care and diligence while driving and to keep a safe distance between her vehicle and others on the road.
As she braked suddenly, her car was struck from behind. The force of the collision threw the second vehicle to the left where it hit a third car, while the defendant’s vehicle was knocked forward into a fourth.
Salah Bu Farousha, the chief traffic prosecutor, said the value of the diyyah would be deposited with the court until the legal relatives of the deceased filed a civil case with the Sharia court to claim the money.
“This may be the first case of its kind and may appear unusual to some, but the case highlights the fact that an unborn foetus also has rights as any human being,” Mr Bu Farousha said. He said the Sharia court would determine who the legal heirs were and so who should get the money.
A Dubai legal consultant, Hassan Matar, said the law defining legal diyyah for an unborn foetus was an established one, but the issue had not been raised until now. In this instance, the father could file a civil action for the amount of the diyyah by submitting a claim for damages to the court, citing his suffering from the loss of the child.
“Of course it is a rare case in which a mother is deemed to have caused the death of her own child. Normally a mother is the most protective,” Mr Matar said.
The ruling follows a nationwide debate on the issue of diyyah and whether the payments should be equal for men and women. The country’s 16 Supreme Court judges last month recommended that diyyah be set at the same level for men and women.
In Abu Dhabi, Dubai and Ras al Khaimah, each of which has an independent supreme court, the payment is equal, regardless of sex. In other emirates, the diyyah for men is usually twice that for women.
http://www.thenational.ae/article/20...705039808/1138
