Kuwait Court of Cassation principle number 548

Determination of compensation in accordance with the rules of Sharia diyah. Its cases. - A hashimah injury. Its meaning. Injuries that crush and fracture bone without displacing it. The jurists unanimously agree that it occurs only in the bones of the head or face. Wounds occurring elsewhere in the body, other than that, even if involving a bone fracture. A wound for which judicially assessed equitable compensation is determined. Its subjection to the discretion of the court of fact. - Fractures of the skull bones. A hashimah injury. Compensation for it and its consequences is 10% of the Sharia diyah pursuant to the Diyah Schedule Regulations. - Compensation in accordance with the rules of Sharia diyah. Precludes an award of judicially assessed equitable compensation for consequences of the injury for which it was due. Its condition. That they be an inevitable and direct consequence of it. An example concerning slow speech and difficulty in pronunciation inevitably and directly resulting from a hashimah injury. - 110 - Obligation