Tuesday, May 5, 2009

Andrei Sharia traffic law?

This just in from Dubai
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.
People get fined in New Zealand for causing traffic accidents every day, although I strongly doubt a pregnant mother would face an additional penalty for losing her unborn child here.

But reading on we discover just how she "caused" the accident.
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.
And with the facts as stated this would be an entirely novel interpretation of who was at fault in the context of New Zealand's traffic courts.

Make of it what you will.

1 comment(s):

Psycho Milt said...

"...this would be an entirely novel interpretation of who was at fault in the context of New Zealand's traffic courts."

Yeah, but the concept of "fault" is different in the Middle East. There, the person at fault is the one with the least influence. Clearly, this woman has no family members with more influence than the oerson who ran into her, therefore she's to blame. The rule in Kuwait was that if a Western driver rear-ended an Indian, clearly the Indian was a dangerous driver who must be punished. Likewise, if a Western driver is rear-ended by a Kuwaiti, the Westerner's wanton carelessness cannot be overlooked. And so on. It's a fairly straightforward and easily-understood system, just completely lacking in any sense of justice.

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