Kuwait Court of Cassation principle number 588

Recourse against the State as guarantor of compensation for personal harm. Its prerequisite. The damage must be such as requires Sharia diyah, and identifying the person responsible for compensation or obliged to guarantee it must be impossible. - The Civil Code is the general law governing civil liability. Its provisions apply to cases of liability on which no special provision exists. - The provisions and rules the judge must apply when issuing judgments. Their nature. The judge may not rely on rules of equity as a source of legislation in the absence of a provision, or rules of Islamic jurisprudence, or custom as an official subsidiary source stipulated in the law. Article 1, Civil Code. - The State’s liability to compensate its civilian employees for work injuries. Its prerequisite: fault for which it is answerable - 119 - Obligation or fulfillment of the conditions for recourse against it for Sharia diyah as guarantor of compensation for personal harm in respect of that injury. Compensation determined by the tripartite committee for work injuries. A grant from the State to the employee injured during and because of work. The rationale: the Civil Service Law and Regulations contain no provision obliging the administrative authority to compensate the employee for a work injury. Contravention of this. An error in applying the law requiring cassation of the judgment. Example.