Provincial Municipality Ordered to Pay Full Diya in Accidental Death

Nouraei & Mostafavi Law Offices -23 August 2022- Tehran- Iran-The IRNA News Agency reported a remarkable verdict, issued by a court in the city of Fasa. in Fars Province southern Iran. It ruled that the municipality must pay the full. amount of diya (blood money) to the heirs of the victim of a motorcycle accident, which was caused by an uncovered hole dug in one of the city’s streets.

Under Islamic law, diya (also translated as diyah, diyeh and deyeh) is the financial compensation paid to the victim or the heir(s) in cases of bodily harm or death. This payment is foreseen in the laws of Iran, Pakistan, Saudi Arabia and the United Arab Emirates.

Injuries inflicted on each body part are subject to payment of the diya. The amount in each case is determined by the court in proportion to the full diya and as per related stipulations of the law. The full diya is payable for unintentional death..

Diya is paid if demanded by the victim or his/her heir(s). Failure to pay the diya by the perpetrator may result in imprisonment.

As stated by the Chief Justice of Fasa, Hojjat-ul-Islam Ali Soharri, a heartbreaking accident happened on Shahid Beheshti Boulevard in Fasa on 25th of May 2021, resulting in the death of one of the city’s youths and the injury of another motorcycle passenger. An unmarked hole dug by the municipality in the street led to the overturning of the motorcycle and killed the young man.

The Chief Justice stated, ‘’The cause of the accident was clear.

Digging a part of the boulevard asphalt to carry out the wastewater and sewage project and not securing it after the completion of the project caused the crash of the motorcyclist and subsequent loss of control, which led to his death”.

He continued,: ‘A video of this accident was circulated among the people for a long time on social media, hurting public sentiment to such an extent that a popular demand was quickly made to find and punish the culprit behind the incident.’

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