Kuwait Court of Cassation principle number 451

Assessment of compensation by Sharia diya. Its condition. The injury must reach the degree for which diya or arsh is payable under the diya schedule. An injury that does not reach that degree. Compensation therefor is assessed by the trial court as it deems sufficient to redress the damage. Its condition. It must not exceed the diya for loss of life or for complete loss of the organ or its function. Articles 248, 251, Civil Code. - Injury to the mind, hand, or foot. Entitlement to full diya for the first and half diya for the second and third. Its condition. The injury must reach the degree of total or permanent loss of function. Injury not reaching this degree. Entitlement to unquantified arsh. Its assessment is left to the authority of the trial court. Its condition. It must not exceed the prescribed diya for loss of life. Example.