Kuwait Court of Cassation principle number 484

Bodily injury for which no diya or prescribed arsh is payable in accordance with the provisions of Islamic Sharia and the schedule of diyas. Compensation therefor is assessed by the judge. A ja’ifah is a wound reaching the abdominal or thoracic cavity, for which one third of a diya is due. The surgical incision required by an operation to stop bleeding in the peritoneal cavity. Is not considered a ja’ifah. Compensation therefor is assessed by the judge. The challenged judgment’s award of one third of a diya for it on the basis that it is a ja’ifah. An error in the application of the law.