Kuwait Court of Cassation principle number 466

Diyah and its fractions. Their prescription in accordance with the provisions of Islamic Sharia. The implication. The necessity of referring to it to ascertain the cases of entitlement to diyah and the possibility of collecting or claiming it. - Extinction of a right by prescription. Unknown in Islamic jurisprudence. Its attaching a bar to hearing an action asserting a right to the passage of time. - The general rule is that an obligation is subject to prescription upon the expiry of fifteen years unless a special provision applies to it. The absence of a statutory provision prescribing a special short limitation period for diyah and its fractions. The implication: a claim for them shall not be heard after fifteen years have elapsed. The exception. The State’s guarantee of compensation for bodily harm. Its lapse under the three-year limitation period. - Liability for diyah for bodily harm. Its prerequisite: the occurrence of damage; it is not rebutted by negating fault or by the injured party’s participation in causing the damage. Types of diyah: - Full diyah - Diyah for loss of life and fractions of diyah: