Abstract
This study aims to determine the value of the estimated compensation for the bodily injury that may cause to lose the life or any of the various organs, which resulted from traffic accidents. Sometimes the authority is granted to the judge to estimate the amount of this compensation based on the general rules of civil law, on the other hand, some of those legislations assigned the matter to the laws of Diya and Arash (Both are bearing the same meaning: Blood Money. However, Diya means the full blood money for death, and Arash is a compensation for lost body organs and it is a part from blood money.), which determined the amount of compensation to be paid whether to the injured or dead’s heirs in the traffic accident. The study has concluded with several results, the most important of which is the discrepancy in the legislation in Arab GCC Countries in the manner and basis for estimating compensation for bodily injury or death resulting from traffic accidents, where some of legislations set the amount of compensation at a fixed specified amount to compensate for death or bodily injuries, which is known as Diya, and the others assigned the estimation of compensation to the judges according to their discretion based on the general rules.
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Notes
- 1.
We refer here to the blood money for manslaughter and semi-intentional killing in the Saudi Arabian Kingdom has been fixed for about thirty years at 100,000 riyals, but the rise in camel prices in recent years, which is a reference on which blood money is measured according to Islamic law, led to the decision to raise the value of the blood money amounted to 400,000 riyals, and the manslaughter amounted to 300,000 riyals. The Journal of Justice issued by the Ministry of Justice. https://adlm.moj.gov.sa/
In the Omani law, the amount of the mechanism was five thousand Omani riyals and rose to 15 thousand riyals.
- 2.
Bone fracture of face and head only.
- 3.
Bone fracture and moving it out of place.
- 4.
It means puncture wounds in head and face.
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Al-Mikhlafi, A.M.A., Darwish, S. (2023). An Analytical Study on the Estimation of Compensation for Risks of Bodily Injury in Traffic Accidents in Accordance with Arab GCC Countries’ Legislation. In: Hannoon, A., Mahmood, A. (eds) Artificial Intelligence, Internet of Things, and Society 5.0. Studies in Computational Intelligence, vol 1113. Springer, Cham. https://doi.org/10.1007/978-3-031-43300-9_21
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