RAS AL KHAIMAH // Judges, scholars and religious clerics are meeting here today to discuss whether women's families should be entitled to the same blood money as men's in the event of accidental death caused by a third party.
Under federal law, a person who accidentally commits a harmful act that causes the death of another is obliged to pay Dh200,000 (US$54,400) for male victims, irrespective of nationality or religion. Courts across the UAE disagree, however, on whether the families of women should be compensated equally or receive half the amount of male victims.
In an effort to bring about uniformity, Ras al Khaimah will host dignitaries from across the country at a seminar to discuss diyya, the Islamic tradition of compensation for accidental death, or blood money.
"Explanations for this concept differ from one court to another," said Yehya Galal Ali, head of the Supreme Court of Ras al Khaimah, who called the meeting. The seminar is to unite the interpretation of the text in all courts, he said.
In RAK, Dubai and Abu Dhabi, each of which has an independent high court, the families of female victims are usually accorded the same amount as those of men. In Fujairah, Umm al Qaiwain, Sharjah and Ajman, however, diyya for women is usually half the amount. "In RAK and Dubai, women and men are given equal diyya according to the courts," Judge Ali said. "There are differences between the emirates and experts on these points. At federal courts, women take half the diyya. This is the conflict."
Today's conference aims to reach a clearer and unified understanding of this law across the emirates.
"The concept of diyya means compensation to the victim," Judge Ali said. "The concept is very old. It was in Saudi Arabia before Islam itself. Islam credited that system and made rules and terms to it. Before Islam the diyya was different from one person to another according to the tribe and the individual. When Islam came it set rules for this. The main principle is equality to all people and for the same amount of money to be equal for everybody."
Jamal al Najjar, a lawyer who has practised in Ras al Khaimah for more than 15 years, called it a simple difference in views.
"As a lawyer, I respect this," he said. "But for me, I believe God created one soul for men, women, children, Muslims, and non-Muslims. We are all humans.
"The origin of this principle is religious and there are different opinions. For inheritance, it is two shares for men and one share for women because it is assumed that men can spend and women can keep the money in the pocket. Religious people say we will measure this rule and apply in the case of diyya. But there is another group that says 'No, men and women are one soul'. So sometimes they apply it accordingly. And this is different from emirate to emirate."
While the principle of the law remains constant, Mr al Najjar stressed that the application of a law can change without betraying its intended purpose. For example, diyya has increased in the UAE to meet the growing cost of living.
In RAK, women were once accorded half the diyya of men. Gradually judges began to grant women equal diyya, and approximately a year ago this became standard practice.
Diyya must always be awarded to a deceased's family under UAE law, but the amount awarded may also vary depending on the circumstances surrounding death. If a judge rules that the deceased was partly responsible, the diyya may be reduced. When the person responsible for the death is unable to pay the full diyya, the judge may try to broker a settlement with the victim's family. Charities may also help. Anyone with the means to pay diyya but who tries to evade it faces imprisonment.
Diyya is distinct from compensation, which is often granted to families to address emotional and financial loss. In such cases, the judge will take into account a family's personal circumstances, such as the deceased's dependants, employment and country.
"We respect judgments," Mr al Najjar said. "If they make women similar to men it is no harm and I believe it is not against Islam. I believe we are in one state. It would be better if they agree. We have three high courts in the Emirates. If they agree on one principle it would be great."
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UAE rugby in numbers
5 - Year sponsorship deal between Hesco and Jebel Ali Dragons
700 - Dubai Hurricanes had more than 700 playing members last season between their mini and youth, men's and women's teams
Dh600,000 - Dubai Exiles' budget for pitch and court hire next season, for their rugby, netball and cricket teams
Dh1.8m - Dubai Hurricanes' overall budget for next season
Dh2.8m - Dubai Exiles’ overall budget for next season
NO OTHER LAND
Director: Basel Adra, Yuval Abraham, Rachel Szor, Hamdan Ballal
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Key facilities
- Olympic-size swimming pool with a split bulkhead for multi-use configurations, including water polo and 50m/25m training lanes
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- Specialist robotics and science laboratories
- AR and VR-enabled learning centres
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The National's picks
4.35pm: Tilal Al Khalediah
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The rules on fostering in the UAE
A foster couple or family must:
- be Muslim, Emirati and be residing in the UAE
- not be younger than 25 years old
- not have been convicted of offences or crimes involving moral turpitude
- be free of infectious diseases or psychological and mental disorders
- have the ability to support its members and the foster child financially
- undertake to treat and raise the child in a proper manner and take care of his or her health and well-being
- A single, divorced or widowed Muslim Emirati female, residing in the UAE may apply to foster a child if she is at least 30 years old and able to support the child financially
How to volunteer
The UAE volunteers campaign can be reached at www.volunteers.ae , or by calling 800-VOLAE (80086523), or emailing info@volunteers.ae.
Real estate tokenisation project
Dubai launched the pilot phase of its real estate tokenisation project last month.
The initiative focuses on converting real estate assets into digital tokens recorded on blockchain technology and helps in streamlining the process of buying, selling and investing, the Dubai Land Department said.
Dubai’s real estate tokenisation market is projected to reach Dh60 billion ($16.33 billion) by 2033, representing 7 per cent of the emirate’s total property transactions, according to the DLD.
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Why your domicile status is important
Your UK residence status is assessed using the statutory residence test. While your residence status – ie where you live - is assessed every year, your domicile status is assessed over your lifetime.
Your domicile of origin generally comes from your parents and if your parents were not married, then it is decided by your father. Your domicile is generally the country your father considered his permanent home when you were born.
UK residents who have their permanent home ("domicile") outside the UK may not have to pay UK tax on foreign income. For example, they do not pay tax on foreign income or gains if they are less than £2,000 in the tax year and do not transfer that gain to a UK bank account.
A UK-domiciled person, however, is liable for UK tax on their worldwide income and gains when they are resident in the UK.
Mercer, the investment consulting arm of US services company Marsh & McLennan, expects its wealth division to at least double its assets under management (AUM) in the Middle East as wealth in the region continues to grow despite economic headwinds, a company official said.
Mercer Wealth, which globally has $160 billion in AUM, plans to boost its AUM in the region to $2-$3bn in the next 2-3 years from the present $1bn, said Yasir AbuShaban, a Dubai-based principal with Mercer Wealth.
“Within the next two to three years, we are looking at reaching $2 to $3 billion as a conservative estimate and we do see an opportunity to do so,” said Mr AbuShaban.
Mercer does not directly make investments, but allocates clients’ money they have discretion to, to professional asset managers. They also provide advice to clients.
“We have buying power. We can negotiate on their (client’s) behalf with asset managers to provide them lower fees than they otherwise would have to get on their own,” he added.
Mercer Wealth’s clients include sovereign wealth funds, family offices, and insurance companies among others.
From its office in Dubai, Mercer also looks after Africa, India and Turkey, where they also see opportunity for growth.
Wealth creation in Middle East and Africa (MEA) grew 8.5 per cent to $8.1 trillion last year from $7.5tn in 2015, higher than last year’s global average of 6 per cent and the second-highest growth in a region after Asia-Pacific which grew 9.9 per cent, according to consultancy Boston Consulting Group (BCG). In the region, where wealth grew just 1.9 per cent in 2015 compared with 2014, a pickup in oil prices has helped in wealth generation.
BCG is forecasting MEA wealth will rise to $12tn by 2021, growing at an annual average of 8 per cent.
Drivers of wealth generation in the region will be split evenly between new wealth creation and growth of performance of existing assets, according to BCG.
Another general trend in the region is clients’ looking for a comprehensive approach to investing, according to Mr AbuShaban.
“Institutional investors or some of the families are seeing a slowdown in the available capital they have to invest and in that sense they are looking at optimizing the way they manage their portfolios and making sure they are not investing haphazardly and different parts of their investment are working together,” said Mr AbuShaban.
Some clients also have a higher appetite for risk, given the low interest-rate environment that does not provide enough yield for some institutional investors. These clients are keen to invest in illiquid assets, such as private equity and infrastructure.
“What we have seen is a desire for higher returns in what has been a low-return environment specifically in various fixed income or bonds,” he said.
“In this environment, we have seen a de facto increase in the risk that clients are taking in things like illiquid investments, private equity investments, infrastructure and private debt, those kind of investments were higher illiquidity results in incrementally higher returns.”
The Abu Dhabi Investment Authority, one of the largest sovereign wealth funds, said in its 2016 report that has gradually increased its exposure in direct private equity and private credit transactions, mainly in Asian markets and especially in China and India. The authority’s private equity department focused on structured equities owing to “their defensive characteristics.”
Business Insights
- As per the document, there are six filing options, including choosing to report on a realisation basis and transitional rules for pre-tax period gains or losses.
- SMEs with revenue below Dh3 million per annum can opt for transitional relief until 2026, treating them as having no taxable income.
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