Wrongful-death-compensation-disparity

rules in the modern state of Saudi Arabia, in particular, the rules governing the measure of wrongful death damages.45 According to the Indian Consulate in Jeddah, Saudi Arabia, the families of Indian expatriates working in the Kingdom can claim wrongful death compensation pursuant to a schedule of fixed amounts. However, the amounts vary depending on the victim’s religious convictions and gender. If the victim is a Muslim male, his family can claim SR100,000. But if the victim is a Christian or Jewish male, the family can only claim half that amount, namely SR50,000. Further, if the victim belongs to another faith group, such as Hindu, Sikh, or Jain, his family can claim only approximately SR6,667. The family of a female victim can claim half the amount allowed for her male co-religionist. 46 Arguably, it seems that Saudi Arabia patterns its wrongful death compensatory regime on early Hanbali rules of tort liability. For example, premodern Muslim jurists held that the diyya or wrongful death compensation for a free Muslim male was one hundred camels.47 But if the victim is a Jew or Christian male, his family could only claim a percentage of that amount. The Shafi’is held that the family was entitled to one-third of what a free Muslim male’s family would receive.48 But the Malikis and Hanbalis granted them one-half of what a Muslim’s family could obtain.49 Furthermore, Sunni and Shi’a jurists held that if the victim was a Magian (majus), his family received even less, namely 1/15th of what a free Muslim male was worth.50 Importantly, 1/15th of SR100,000 is approximately SR6667, the amount a Hindu, Sikh, or Jain’s family can claim under current Saudi law.