The position of the Federal Supreme Court in United Arab Emirates on Guarantee Moral Damages in the event of non-Fatal Injuries

Authors

  • Dr. Iman Khamis Al Yahyaee College of Law/ University of Sharjah

DOI:

https://doi.org/10.35246/4hdaem16

Keywords:

Warranty, Moral Damage, Non-Fatal Injuries, Reciprocating Moral Damage

Abstract

This research examines the position of the Federal Supreme Court in the United Arab Emirates on guaranteeing moral damage to spouses and relatives in the event of non-fatal injuries. We find that the Federal Supreme Court had an ancient approach stipulating the possibility of compensating spouses and relatives for the moral damage they suffer as a result of their relative’s injury, even if that injury did not lead to death, based on the principle of full compensation for damage.

While the Supreme Court did not maintain the same position regarding the possibility of compensation for moral damages resulting from non-fatal injuries, as it ruled in most of its recent rulings to limit compensation to cases in which the injury leads to the death of the injured person. Spouses and relatives cannot be compensated for moral damages that are caused. As a result of their relative being injured, as long as he is still alive, and regardless of the degree of that injury.

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References

i. Sarhan, Adnan Ibrahim (2015). Compensation for Moral Damage Resulting from Bodily Injury: A Study of the Position of Legislation and Judiciary in the United Arab Emirates. Moroccan Journal of Economics and Comparative Law, Faculty of Legal, Economic and Social Sciences, Cadi Ayyad University, No. 53.

ii. Al-Amiri, Saadoun (1981). Compensation for Damage in Tort Liability. Center for Legal Research, Baghdad, Iraq.

iii. Abdel-Sami’, Osama El-Sayed (2007). Compensation for Moral Damage: An Applied Study in Islamic Jurisprudence and Law. New University House, Alexandria.

iv. Obaidat, Youssef Mohammed (2015). Indirect Damage Between Legal Provisions and Judicial Rulings in the UAE. Journal of Sharia and Law, United Arab Emirates University, College of Law, Vol. 29, No. 63.

v. Al-Qahawi, Mohammed Ashraf, & Al-Damour, Ahmad Khulaif (2022). The Right of the Injured Party to Revert to Compensation under the Jordanian Civil Law. Journal of the Arab Island Center for Educational and Humanitarian Research, Vol. 2, No. 16.

vi. Al-Kubaisi, Mahmoud, & Haswa, Maher (2017). Material Compensation for Pure Moral Damage in Islamic Jurisprudence and its Application in the UAE Civil Transactions Law. University of Sharjah Journal for Sharia and Legal Studies, Vol. 14, No. 2.

vii. Al-Lasasmeh, Abdulaziz (2002). Civil Tort Liability for Harmful Acts. Dar Al-Thaqafa for Publishing and Distribution.

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Published

2025-12-25

How to Cite

Al Yahyaee, Iman Khamis Al Yahyaee. 2025. “The Position of the Federal Supreme Court in United Arab Emirates on Guarantee Moral Damages in the Event of Non-Fatal Injuries”. Journal of Legal Sciences 40 (2): 223-39. https://doi.org/10.35246/4hdaem16.

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