Kuwait Court of Cassation principle number 498

Compensation for personal injury. Determined according to Sharia-prescribed diyah if the personal injury reaches a degree for which diyah or arsh may be payable. Its failure to reach that degree. Its effect. Compensation therefor is assessed by the judge. - The legislature’s alignment of the proportion of diyah due for injuries with the proportions prescribed for them in Islamic Sharia. Its implication. Reference must be made to its provisions to identify the types of injuries in order to determine entitlement to diyah for them. - A ja’ifah is an injury which, when inflicted, penetrated the abdominal or thoracic cavity. Surgical intervention by incision of the abdomen or chest. Has no effect. - A hashimah is an injury that crushes and breaks the bone without displacing it, and occurs only in the bones of the head and face. - The general rule is that where it has not been established by a transmitted report from the Messenger, may Allah bless him and grant him peace, that a diyah or prescribed arsh is payable, an equitable judicial assessment is due. - Removal of the spleen or loss of its function. The schedule of diyahs contains no diyah or prescribed arsh for it. Compensation therefor. An equitable judicial assessment not exceeding the diyah for loss of life.