Kuwait Court of Cassation principle number 502

Compensation under the rules of Sharia diya. The basis of entitlement to it. When the personal injury is one for which diya or prescribed arsh is payable under Islamic Sharia and the provisions of the diya schedule. The injury not reaching the level for which diya or prescribed arsh is payable. Its necessary consequence. That it be according to the trial court's assessment, which is termed an equitable judicial award (hukumat ‘adl). - The legislature's naming of the injuries mentioned in the regulations of the diya schedule by their names known in Islamic jurisprudence - 102 - Obligation and the diya to which each entitles. Its implication. Recourse must be had to the provisions of Islamic Sharia to identify the types of injuries in order to determine entitlement to diya for them. - Al-hashimah and al-munaqqilah. Their nature and the distinction between them and wounds.