ضمان الأَضرار الناجمة عن الجناية على النفس في التشريع الأُردني - دراسة تحليلية ناقدة

Abstract

The Jordanian legislature has introduced special provisions to govern the issues of the loss of life and lesser personal physical injuries; these special provisions depart from the general principles. According to the special provisions, the injured person or his heirs, as the case may be, may claim both the amount of diya under Shariah and other compensable damages, particularly the loss of financial support as a result of the harm inflicted on the injured person. This is despite the wide difference between the philosophy underlying the rules of diya and that underpinning the codfified rules of compensation.

It appears that broadening the compensation is not commendable as it overprotect the injured person at the expense of the wrong doer, where the latter is obligated to pay damages twice for the same injury according to the legislature’s policy. However, a better legislative approach would be to limit the compensation payable to the injured person or his heirs, as the case may be, to the diya, not the Civil-Code damages, because the rulings of Shariah take precedence over the codified rules if they conflict.