Dubai and Abu Dhabi: The legal system in the UAE is a combination of Sharia, civil and criminal laws.

According to the Sharia, if one causes the death or injury of another person accidentally or intentionally, he or she has to pay blood money — diya — or a proportion of it equal to disability caused to the victim, lawyers said.

“The blood money is to be paid to the victim’s family as compensation and the amount is given in accordance with Sharia by the Sharia criminal court,” said Tareq Al Serkal of Al Serkal law firm.

Al Serkal said the diya is also a punishment and a means of protecting the rights of the family of the victim and is granted by a judge who is in charge of criminal proceedings when handing over the sentence to the accused.

“The blood money will only be payable if the person who caused the death or injury of another person is found guilty under criminal procedure or legally responsible for committing a wrongful act, offence or crime.”

In the UAE the blood money is Dh200,000 for men living in the country, regardless of their religion or nationality. For women and children, the blood money is Dh100,000.

Blood money, however, is not paid if a person kills another while trying to defend himself, his family, his property or other individuals and their property from harm.

“The Sharia criminal court’s compensation ruling is limited to blood money. Once the ruling is final by the cassation court, the family of the victim can file with the civil court for a compensation for other financial, psychological or moral injuries,” said Fayza Mousa, an Abu Dhabi-based lawyer. This court ruling can also be appealed before the court of appeals and the cassation court.

For instance, a 30 year old driver who has lost his right leg in an accident caused by another can file with the court for a compensation which has to cover the loss of the organ, the loss of 30 years of income until he reaches supposed retirement, the driver would have earned if he did not lose his leg and other psychological and moral injuries caused to him and his family, according to the lawyer.

“Similarly, operators and insurers of hotels, malls and other public places can be held liable for any injuries caused to customers and other third parties,” Mousa said.

Senior Prosecutor Ahmad Al Attar said a victim can take legal [criminal and civil] action against the public place and/or any party that was proven to have been responsible for the caused damage.

“It is crucially important to prove, who was responsible for causing the damage, and how the accident occurred,” Al Attar said. “Supposing a person had an accident in a public park, hotel or a mall — if the police investigation proved that the management or person in charge failed to carry out their duties properly and or there was any form of negligence that caused the accident, then there would be legal grounds for the victim to take action.”

Any act of negligence that leads to any form of injury or damages— be they moral, financial or physical etc — is an act punishable by penal law, Al Attar added.

However Al Attar stressed: “A victim can only take legal action against a suspect in case of negligence or failure to perform a certain duty properly or professionally. A victim can lodge a civil lawsuit concurrently with a criminal lawsuit and seek compensation. Moreover a civil court judge can halt the civil compensation claim in case there was a criminal case. The Civil Court suspends issuing a judgment in a compensation claim until a criminal court incriminates the suspect, who caused the accident.”

Meanwhile lawyer Mohammad Al Redha said any compensation claim should be based on three main factors — a mistake, damage, and the connection between the mistake and the damage.

“A victim, who inflicts damages caused by an accident, a can lodge a civil compensation claim against the person or the establishment who were responsible for that victim’s damages,” Al Redha said. “However the claimant has got go prove that a mistake happened due the responsibility of the suspect or the establishment. The claimant has to substantiate the connection between the incurred damages and the mistake to have legal grounds to lodge a civil compensation lawsuit.”

There are no laws that prevent any victim from taking civil compensation claim against any public mall or park or hotel, he said.

“The human soul is very precious and that’s why there is no law that bans any victim from taking civil action against any public or private establishments,” Al Redha said. “UAE laws do not limit the maximum or minimum amount of civil compensation claim — and that’s why the compensation is to cover moral and financial damages,” concluded Al Redha.