Kuwait Court of Cassation principle number 525

Compensation for personal injury. Determined by Sharia diya if the personal injury reaches a level for which - 106 - Obligation diya or arsh may be payable. Its not reaching this level. Its effect. Compensation for it is assessed by the judge, that is, an equitable judicial award. - The legislature's matching of the proportion of diya due for injuries with the proportions prescribed for them in Islamic Sharia. Its implication. Recourse must be had to its provisions to identify the types of injuries in order to determine entitlement to diya for them. - Al-ja’ifah is an injury that, when inflicted, penetrated the abdominal or thoracic cavity. Surgical intervention by an incision in the abdomen or chest. Is not considered such. - The general rule is that where it has not been established through a transmitted report from the Messenger, may Allah bless him and grant him peace, that diya or prescribed arsh is due, an equitable judicial award is due. - Al-hashimah is that which crushes and breaks a bone without displacing it, and occurs only in the bones of the head and face. - Removal of the spleen or loss of its function. The diya schedule contains no diya or prescribed arsh for it. Compensation for it. An equitable judicial award not exceeding the diya for a life.