Kuwait Court of Cassation principle number 2218

Diyah payments and their portions. Their determination in accordance with the provisions of Islamic Sharia. Its consequence. Recourse must be had thereto to ascertain the cases of entitlement to diyah and the possibility of recovering or claiming it. - Extinction of a right by limitation. Unknown in Islamic jurisprudence. Its barring the hearing of an action asserting a right by reason of the passage of time. - The general rule for an obligation is that it becomes time-barred upon the lapse of fifteen years unless a special provision applies to it. Absence of a legal provision prescribing a special short limitation period for diyah payments and their portions. Its consequence: claims for them are not heard after the lapse of fifteen years. Exception. The State’s guarantee of compensation for bodily harm. It is barred by the three-year limitation period.