Several recent incidents occurred in Jordan, between a fall in Gaming City that killed a child and mass food poisoning that resulted in the death of two “three-year-olds and a forty-year-old man”, along with numerous incidents heard from time to time, including traffic accidents.

Some ask the question, what about civil compensation when losing Aziz left children behind and a wife and mother or father, or a little one who left a heartburn for his parents and others.

Road accidents, medical errors, high falls, food poisoning and other accidents resulting in death or impairment, the cause of which is usually punishable by a charge of causing death of up to 3 years’ imprisonment.

What is civil compensation and what is the competent court to which the affected person may have recourse?

The notion of reparation for damage is stated by counsel D. Nasser Abu Rumman, who specializes in civil compensation cases, is ancient and dates back to the Hammurabi Law of 1790 BC, which is based on malicious act.

In Romanian law, and applied in the Islamic sharia in terms of the basic rule of the legal system to ensure that the human person originally created an inviolable oath of blood, the right to waste must be safeguarded. The sharia also ensures that it is preserved for all individuals. There is no harm, no harm, and the damage is still compensated for the results and financial and physical consequences of the answer.

Abu Ruman said: “The various legal systems aim to address the problem of compensation for such physical and psychological damage (moral) in order to rebalance social relations, which have been disturbed by the fact that the wrongful act occurred on the victim’s body, and the idea of compensation is based on the rule” no action without interest “.

He pointed out that jurisprudence defined harm as prejudice to a legitimate right or interest of the human person, whether that right or interest related to the integrity of the human person’s body, affection, money, honour or consideration.

Physical damage is defined as harm resulting from human self-injury and includes an order or organ or disruption of a person’s function while remaining on his or her body as an organ paralysis, hearing loss or sight.

In the case of various incidents, counsel Abu Rumman stated that the damage must exist as a cornerstone of tort liability as well as error and causation.

Under the Civil Code, tort liability is required by fault. Liability in this Code is established as a general rule only if the act is wrong.

In Jordanian law, an error is not a requirement, but an act is sufficient to be harmful.

• Be verified as having done or inevitably occurred as certain as the damage actually done to the body. Potential damage and this damage is not compensated for.
• To miss the opportunity that the harm caused by the cause has led to the aggrieved’s inability to achieve one of the future things that should have been obtained.
• Compensation for loss of profits.

The second requirement is that the damage should be personal to the claimant, that the damage may be caused by a right acquired or a legitimate interest of the aggrieved person, and that the damage should not have already been compensated.

The damage is divided into material and moral damage and compensation is divided into, inter alia, non-monetary compensation and monetary compensation, which overturns the judgment of tort claims. This method is the best way to remedy this damage in a fair sum of cash that will be achieved in lieu of what happened in order to rebalance the harm or its relatives.

Attorney Abu Ruman said that the claim of personal right to civil compensation is the prerogative of the courts of first instance, which rely on expertise for the purposes of assessing compensation if the experts’ report is in accordance with due process and the law.

Added this method in technical expertise depends on the specificity of each case from others and takes into account the particular circumstances of each case, where the Court elects an expert to assess compensation based on information provided to him on the condition of the injury before and after the incident to which he was subjected. and several criteria underlying the expert’s assessment of the damage suffered in order to determine the fair valuation of material compensation. These criteria include:

• Age of the injured person
• Casualty occupation
• Conditions of injury
• Family casualty status
• circumstances of the case
• Incapacity issued by medical committees and assessment of the value of earnings.

Civil compensation and legal parenthood

Is it incompatible with civil compensation for those affected to obtain legal blood money or insurance companies?

Counsel Abu Ruman explained that financial claims overlaps, such as diyah, insurance or compensation.

Parenthood is ordered by sharia law and has been invoked by the sharia courts under Jordan’s Constitution.

As for insurance, it is the jurisdiction of the regular courts as a basis for contractual liability. It is the execution of the contract between the insurance company to compel the injury to the insured. The solidarity of the default liability, the insurance of the contractual liability is not related to each other.

Civil compensation is similar to diyah, which is the alternative to diyah.

 

Barrister Abu Rumman separated the difference between diyah and compensation, explaining: “Some jurists consider that diyah is civil compensation, explaining their view, inter alia, that diyah is not included in the public purse as the other fines, and the amount varies depending on the gravity of the injury.”

Counsel argues that the amount of compensation awarded by the competent courts in cases of death resulting from accidents does not have a specific financial ceiling and is due to the valuation of compensation according to the expert’s report.

Insurance companies set the maximum compensation cap for deaths (e.g. traffic accidents) at 20 thousand dinars.

He added that blood money is pure to the victim, and in civil compensation he is sentenced, executed and handed over to the dead person’s parents instead of his blood, as the family of the perpetrator is often borne by his “parents.”

Although there was a similarity between diyah and civil compensation, they differed, inter alia:

• The blood money must be paid to the perpetrator simply for infringement of the right without the need to prove harm.
• Blood money is due to the amortization of pain and soreness in the same victim and his/her relatives.
• As far as civil compensation is concerned, it involves the lifting of human damage of any material or moral nature.

Abu Ruman said that diyah is distributed according to the provisions of the inheritance while compensation is distributed to members of the family affected by grief and bereavement, noting that some countries in the Islamic country are behind the idea of combining diyah and compensation.

In Jordan, the judicial system has been in force since 1916 and in 1946, the clan courts formed the Jordanian Constitution in 1952. This is dealt with in articles 273 and 274 of the Jordanian Civil Code.

Abu Ruman asserted that diyah differs from insurance and that there is no place for examining the lack of combination between them and that diyah and civil compensation are of the same origin.

He said: “Civil compensation may not be taken with blood money, but the obligation to confine one’s blood money in accordance with legitimate conditions.