Introduction:
Federal Decree-Law No. (31) of 2021 (Penal Code) governs Diya crimes and penalties in the UAE.
In accordance with Article 1 of the UAE penal code, the Islamic Sharia principles may be applied to crimes including revenge (qisas) and blood money (Diya). The punishments for additional offenses will be determined in accordance with the current law and the relevant penal laws.
When a crime causes death or injury, the term Diya refers to the monetary compensation given to the victim's family. These principles, based on Islamic Sharia principles, serves as an alternative to retribution (qisas) and aim to provide financial support to the victim’s family.
The blood money, known as Diya, is given to the relatives of a victim in some crimes against human life. According to Article 383 blood money may only apply when Qisas (revenge) is not enforced. The standard Diya amount is AED 200,000, but courts may increase or decrease this threshold based on the circumstances of the case.
Furthermore, according to Article 384, a person who intentionally kills another person risks a life sentence in jail. The death sentence may be applicable if the murder had been planned or related to another crime. Additionally, if the victim's family grants forgiveness, the offender faces a minimum sentence of seven years in prison, with the option to pay Diya. If a person attacks someone and they die without intent, Article 387 states the punishment is up to ten years in prison. The court may order payment of Diya.
Offences causing bodily harm are also punished based on the intensity of the crime. If a person causes a permanent disability, Article 388 stipulates that they may be jailed for up to seven years if it was intentional. If it was an accident, Article 389 imposes a sentence of up to five years. Further, the court may have the right to impose the payment of the Diya amount.
Additionally, negligent actions leading to death or injury are also criminalized. Article 393 stipulates that a person may be fined and imprisoned for at least a year if they cause death through negligence or recklessness. If more than one person dies, the punishment might be extended to seven years. In addition, the court has the authority to order Diya.
Group assaults using weapons are punished under Article 392. If a group of three or more people plans and carries out an attack, each participant faces imprisonment and fines. If the assault results in death or serious injury, Diya may also be required.
It’s important to note that Diya is not the sole consequence of causing death or injury. Offenders may also face additional penalties, such as imprisonment, depending on the circumstances and the intensity of the crime. The UAE legal system allows for compensation beyond diya in certain situations, addressing both the financial and moral damages suffered by the victim’s family.
Conclusion:
The principle of Diya indicates a balance between modern legal systems and traditional Islamic principles. It ensures victims' families receive monetary compensation while upholding justice by enforcing appropriate penalties.