The Federal Supreme Court affirmed a legal principle, which is that the blood money of a deceased man, male or female, is determined by the amount of 200 thousand dirhams, pursuant to the text of the first article of the decree of Federal Law No. 1 of 2019, which stipulates that an appeals judgment has been dismissed by the amount of blood money legally determined for the heirs of two girls than the prescribed amount Legally. The court ruled to oblige a driver who caused his vehicle to kill two women mistakenly on the main road, to pay the legal compensation of the heirs of the victims, amounting to 200,000 dirhams for each deceased person, for a total of 400,000 dirhams, according to what was decided by the court of first instance.
The Public Prosecution referred a driver to the trial, as he mistakenly caused the death of two women, and the injury of four others in a traffic accident on the road, due to his negligence, patronage, lack of precaution, violation of the law, and driving a vehicle on the highway without taking the utmost care and caution, and his sudden deviation, what Led to the accident, demanding to be punished.
The court of first instance ruled in attendance to punish the accused with six months imprisonment, and with a fine of 7,000 dirhams for the charges assigned to him for the engagement, and ordered the suspension of the driver’s license for a period of six months from the date of the execution of the verdict, and the defendant is obliged to pay the legal blood money of the victims’s heirs, amounting to 200,000 dirhams for Every deceased person, for a total of 400,000 dirhams to be paid, and the accused must fast two consecutive months for each deceased, atonement for wrongful killing, for a total of four months fasting, and preserve the civil right of all those injured to claim compensation for the injuries they sustained from the date of the accident until recovery Complete, save the pain right A lien for the deceased's heirs to claim compensation for the damage, anguish and anguish that they sustained as a result of losing their inheritors, preserving the right of the vehicle owner to claim compensation for the damage of the vehicle driven by the accused, and obliging the accused to pay the criminal case fees.
The Court of Appeal ruled to amend the ruling to imprison the defendant for two months for what was assigned to him on charges of interconnection, to suspend his driving license for a period of three months, and to compel him to pay the legal amount of 100,000 for each of the victims, to be paid to the heirs, so that the total amount paid by 200 thousand dirhams, and he Fasting two months is atonement, preserving the civil right of the victims affected by the accident, preserving the civil right of the victims ’heirs, preserving the civil right of the owner of the damaged vehicle, and compelling him to pay fees.
Then the Public Prosecutor appealed the ruling, on the basis of his violation of the provisions of Islamic Sharia, and erred in the application of the law, as he went down by the amount of blood money determined from the amount stipulated in Federal Law No. 17 of 1991 amended by Federal Law No. 9 of 2003 in the amount of 200 thousand dirhams, which requires revocation.
Blood money is an original penalty
The Federal Supreme Court upheld the appeal of the Public Prosecution, affirming that the death penalty is an original punishment, and a prescribed compensation for wrongful killing, which is not in place of another punishment, and the offender is obligated to, and must be ruled, because the blood money is a punishment that does not depend on the request of individuals, and that The court at any stage in which the lawsuit was subject to adjudication, if it was ignored by the appeal judgment, and this is not a violation of the rule of harming the accused, since the peremptory rulings in Islamic Sharia prevail over the rule of public order. She pointed out that, pursuant to the text of the first article of Federal Decree No. 1 of 2019 determining the death of a deceased person by mistake, it is established that “the blood money of the deceased is determined wrongly, male or female, in the amount of 200 thousand dirhams.” It stated that the appeal judgment had made it obligatory for the accused to pay the legal compensation, which amounts to 100 thousand dirhams for each of the victims, to be paid to the heirs, so that the total amount paid by 200 thousand dirhams, then he would have violated the provisions of the aforementioned text, which must be reversed in this Notch.