Kuwait Court of Cassation principle number 1746

Compensation for bodily injury. Its determination by the Sharia diyah if the injury reaches a degree for which diyah or arsh may be payable. If it does not reach that degree. Its effect: compensation for it is assessed by the judge to redress the harm as an equitable assessment. - The legislature's determination of the proportion of diyah due for injuries according to the proportions prescribed in Islamic Sharia. Its implication: recourse must be had to its rules to identify the types of injuries in order to determine entitlement to diyah for them. - The Regulations on the Schedule of Diyah containing no provision for entitlement to diyah or part thereof for an injury involving amputation of part of the distal phalanx of the index finger of the right hand. The effect of this: its assessment by an equitable assessment. Its being subject to the discretion of the trial court. - The appellant has no interest in complaining of the failure to apply Article 3/e of the Regulations on the Schedule of Diyah. The reason for this: the challenged judgment awarded compensation for his injury as an equitable assessment exceeding the proportion specified in the aforementioned Article.