Khaberni - The Supreme Sharia Court upheld the decision that ordered the Jordan Valley Authority to pay legal blood money to the family of a young man who drowned in the King Abdullah Canal.
The facts of the case are summarized that the heirs of the deceased young man filed a lawsuit at the Sharia Court requesting the blood money from their deceased against the Jordan Valley Authority, on the grounds that their deceased relative (A) died by drowning in the King Abdullah Canal which is managed by the Jordan Valley Authority, and that it is responsible and the guardian of the canal, obligated to take all necessary precautions to prevent harm to others, and that the use of the right is restricted by the safety of others, and that they failed in safeguarding the canal, did not exercise due care to prevent harm from the risks of the canal, and there were no warning signs or barriers at the location where the deceased drowned. They consequently requested the Jordan Valley Authority to be mandated to pay the deceased's blood money for causing his drowning and asked for inclusion of their fees and legal expenses.
The Sharia Primary Court issued its decision ordering the Jordan Valley Authority to pay the legal blood money to the heirs of the young man who drowned, amounting to twenty thousand seven hundred and ninety Jordanian dinars, distributed among the heirs according to their legal shares in the inheritance certificate.
The Supreme Sharia Court in its decision said that the construction of the King Abdullah Canal by the permission of the Imam is restricted according to article (291) of the Civil Law, requiring due care necessary for preventing its harm, and restricted by the safety of others according to the provisions of article (292) of the same law. Therefore, the defendant authority (Jordan Valley Authority) is obliged to take necessary measures to prevent harm to others and to warn against swimming in or approaching the canal from all sides, and since its neglect was proven solely, it thus acts as the sole guarantor.
