Diya, Rental Cars, and Passengers: What You’re Actually Liable For

If you hire a car in parts of the Middle East and something goes catastrophically wrong, you may hear the word diya used very quickly. Often translated as “blood money”, diya is a form of court-ordered compensation paid to the family of a person who dies as a result of an accident. It is not a fine, not insurance excess, and not optional.

Understanding when diya applies, which countries use it, and who is liable is essential — especially for tourists and business travellers.


What is Diya?

Diya is a legal concept rooted in Islamic law, now embedded in the criminal and civil codes of several countries. In modern practice, it is:

  • A fixed or semi-fixed monetary amount

  • Ordered by a court

  • Paid to the victim’s family

  • Usually applied in accidental death cases, including traffic collisions

In the UAE, the standard diya for accidental death is around AED 200,000, though courts may adjust this depending on circumstances.


Which Countries Apply Diya?

Diya (or an equivalent concept) applies in various forms in:

  • 🇦🇪 United Arab Emirates

  • 🇸🇦 Saudi Arabia

  • 🇶🇦 Qatar

  • 🇰🇼 Kuwait

  • 🇧🇭 Bahrain

  • 🇴🇲 Oman

  • 🇮🇷 Iran

  • 🇵🇰 Pakistan (under Qisas & Diyat law)

The details differ, but the principle is similar: death caused by negligence can trigger compensation, separate from criminal punishment.

For most travellers, the UAE and Gulf states are where this most commonly intersects with rental cars.


Diya and Rental Cars (Self-Drive)

The default rule

In the UAE and most Gulf states:

  • All rental cars must include third-party liability insurance

  • That insurance normally covers diya

  • The diya is paid by the rental company’s insurer, not the driver personally

This applies only if the accident is accidental and lawful.

When coverage disappears

Diya is not insured if the driver:

  • Was drunk or drug-affected

  • Fled the scene

  • Had no valid licence

  • Was not authorised on the rental agreement

  • Drove with gross negligence (e.g. racing, extreme speeding)

In those cases:

  • The driver becomes personally liable for diya

  • Plus jail time, fines, and deportation risk

Rental contracts almost always say insurance is void if UAE law is broken — and courts enforce that strictly.


What If You Hire a Car With a Driver?

This is where many people worry unnecessarily.

If you are just a passenger

If you hire:

  • A chauffeur-driven car

  • A taxi

  • A ride-hailing service

  • A hotel or corporate driver

Then:

  • You are not legally liable for diya

  • ✅ Liability sits with:

    • The driver

    • The employer / transport company

    • Their commercial insurance

As a passenger, you are treated as a consumer, not a participant in the act of driving.


Is There Any Liability on the Passenger?

In almost all cases: no.

You would only face liability if you:

  • Ordered or pressured the driver to drive dangerously

  • Knew the driver was intoxicated and encouraged them

  • Interfered with the driving

  • Were part of a criminal act (e.g. fleeing police)

These are extreme and rare situations. Simply being in the back seat does not create liability.


Key Distinction to Remember

  • 🚗 Self-drive rental → liability can fall on you

  • 🚖 Car with driver → liability falls on driver/operator

  • 🧍‍♂️ Passenger → generally no diya liability


One-Paragraph Takeaway

Diya applies in the UAE and several Gulf and Islamic-law jurisdictions as court-ordered compensation for accidental death. For rental cars, diya is normally covered by mandatory insurance — unless the driver breaks the law, in which case personal liability can be severe. If you hire a car with a driver, liability rests with the driver and their employer, not you as a passenger. For travellers, the safest legal position is always being a passenger rather than the driver.

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