Mother ordered to pay diyyah for her lost baby

demmers's picture

This judge must be a nutcase.

On Monday a judge in Dubai's Sharia court ordered a 27-year-old woman from Lebanon to pay diyya, or blood money, for the death of her unborn child. She was nine months pregnant and driving when she got into an accident last fall, one that apparently severed the umbilical cord of the fetus. The judge ruled that the woman did not take proper care of her unborn child. In addition to the diyya, which was Dh20,000, she was fined Dh1,000. The diyya is to be deposited with the court until the relatives of the baby - (the father's side, probably) - file a civil case with Sharia court to claim it.

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.

A legal consultant in the UAEs said there was a law establishing legal diyyah in the accidental death of a fetus, requiring it to be 10% of the regular amount of Dh200,000, it has just not been tested before.

Last month the UAE's 16 Supreme Court judges recommended diyyah be equal for men and women. Although it was equal in Abu Dhabi, Dubai and Ras al Khaimah, the rest of the country required payments for men that were twice that for women.

Source: http://www.thenational.ae/article/20090504/NATIONAL/705039808

petebull's picture

Barbaric!! It’s utterly appalling to me. when you drive you must leave enough space between your car and the car in front of you so that if, as in this case, you must brake quickly, you don’t hit the car in front. She did hit the brakes. She didn’t run into that car, someone else ran into her. Someone else did not “take care” while driving. But not only was she cited as responsible for the accident, she is now forced to pay for her grief. This is so heartbreaking!!!

solecito's picture

such things really drive me crazy. very unfortunate. of course if the father claims the money, the money will still be in the family, right? but anyways, this is unnecesary burden for the mother who just lost her unborn child because somebody hit her car from behind. in other countries, a hit from the back is the fault of whoever hit you!!!!!!!!!!!!!!!!!!!!!!!!

barrym's picture

imagine if they start fining us for leaving our cars open at the parking lots and get stolen... fined for the theft of your car. fined for not being careful as to what somebody can / will do to you or your belongings. This is an amazing law!!!