Kuwait Court of Cassation principle number 527

Compensation for personal injury. Determined by the Sharia diyah if the injury reaches the extent for which diyah or arsh may be payable. If it does not reach that extent: its effect. Compensation for it is assessed by the judge. Hukumah of justice. - The legislature’s determination of the proportion of diyah due for injuries according to the proportions prescribed in Islamic Sharia. Its implication: recourse must be had to its provisions to identify the types of injuries in order to determine entitlement to diyah for them. - Ja’ifah. An injury that, when inflicted, penetrates the abdominal or thoracic cavity. What is not considered such. Surgical intervention. Example of an injury not considered a ja’ifah. - 107 - Obligation