Disputes concerning Diya (blood money) and compensation constitute some of the most significant legal matters affecting individuals and families. In this regard, the Supreme Sharia Court has established settled judicial principles clarifying the methodology for assessing Diya, delineating court jurisdiction, and regulating the relationship between Diya and other financial entitlements such as retirement benefits.
This article provides a structured analysis of Judicial Principle No. (392-2022/59), issued on 29 August 2022.
1. Jurisdiction of Sharia Courts in Diya Matters
Jordanian law expressly vests jurisdiction over matters of personal status, Diya, and endowment affairs in the Sharia judiciary. Article 105 of the Constitution confers exclusive competence upon Sharia Courts in these matters, thereby precluding the jurisdiction of other judicial bodies.
Furthermore, principles issued by the Court of Cassation or the Constitutional Court regarding the incompatibility of cumulative compensation from a single source do not bind the Sharia Courts. The latter exercise jurisdiction pursuant to their own governing legislation, which grants them full autonomy in the application of Sharia-based legal principles.
2. Principles Governing the Assessment of Diya
The quantification of Diya is governed by precise legal and evidentiary standards, primarily linked to the valuation of silver. The Court has reaffirmed the following principles:
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Reference to Silver Valuation: Diya is assessed in Jordanian Dinars by reference to the prevailing market value of silver, which constitutes the primary benchmark for calculation.
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Fixed Quantum, Variable Valuation: The underlying quantity of silver representing Diya remains constant; however, its monetary equivalent varies according to fluctuations in silver prices at the time of assessment.
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Timing of Valuation: Diya is not calculated based on the date of the underlying incident. Instead, expert valuation is conducted at the time the expert report is submitted.
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Establishment of Liability: Entitlement to Diya arises only upon the claimant establishing liability through admissible evidence accepted by the court.
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Appellate Variation: Where a judgment is set aside on appeal, any resulting variation in the assessed value of Diya shall not be construed as prejudice or detriment to the appellant.
3. Diya and Retirement Benefits
A recurring issue before the courts concerns the interplay between Diya and pension entitlements. The Court has clarified the following:
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Subjection of the deceased to the Military Retirement Law does not preclude heirs from claiming Diya, provided that tortious liability is established against the defendant.
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Payments made to heirs under retirement or pension schemes do not form part of Diya and do not operate as a substitute therefor.
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Such entitlements constitute independent statutory financial rights accruing to heirs under applicable pension legislation and have no legal effect on the entitlement to Diya.
4. Legal Costs and Attorney’s Fees in Diya Claims
With respect to legal costs, the Court has held that the assessment of attorney’s fees falls exclusively within the discretion of the trial court. Such assessment is based on the extent of legal work and effort expended in the proceedings and is not subject to review or interference by the Supreme Sharia Court.
Conclusion
These judicial principles reflect a consistent commitment within the Sharia judicial system to safeguarding the rights of heirs and victims. They establish clear methodological standards for the valuation of Diya—particularly through its linkage to silver pricing at the time of expert assessment—and confirm the legal independence of Diya from any pension or retirement-related entitlements received by heirs.