ADCC 9/19

This case involved compensation and sentencing following a murder. The key issue was whether Sharia law would apply to the sentencing in a case of this nature.

Background

The General Prosecutor accused a defendant of the murder of his employer. The Sharjah Court of First Instance sentenced the defendant to death. The defendant appealed. The appeal court reduced the sentence to imprisonment for 15 years and that he paid legal blood money. The claimant appealed by cassation arguing that Islamic law had not been adhered to as this stipulates the death penalty for murder.

Decision

The court held the claimant's argument was correct. The Penal Code states that Islamic law will apply to all crimes under the Divine Command, such as murder, together with the payment of blood money. The Islamic jurisprudence is not stated, but this is left to the discretion of the judge to decide in the best interests of country and community. The court reversed the appeal court ruling and referred the case to the Sharjah appeal court for reconsideration.