Kuwait Court of Cassation principle number 423

Diyah. Its nature. Entitlement to it upon the occurrence of personal injury. Compensation therefor is a lump sum determined in advance according to the diyah schedule and is called diyah or arsh according to its designation under the provisions of Islamic jurisprudence. An injury not provided for in the diyah schedule is compensated according to the judge’s assessment and is called hukumah of justice. - Shijaj consist of a bone fracture without displacement from its position in the head and face, known as hashimah. A wound in the remainder of the body other than the head and face, even if a bone fracture, is not considered shijaj and is called a wound for which there is no arsh. Hukumah of justice is due for it. It is subject to the judge’s assessment.