Kuwait Court of Cassation principle number 501

What matters in characterising a wound and whether or not it is considered a ja’ifah is whether the wound itself reaches the abdominal or thoracic cavity, without regard to any surgical intervention its treatment may have required. - An injury for which no diyah or prescribed arsh is payable. Compensation for it is hukumah of justice not exceeding the diyah for a life. - The injured person’s lack of entitlement to diyah for the procedure penetrating the thoracic cavity to insert a feeding and breathing tube. Does not preclude his entitlement to compensation assessed by the judge for this incision and for the inability to eat and breathe naturally. The judgment’s contravention thereof and its refusal to award compensation. Renders it defective and requires its partial cassation.