Kuwait Court of Cassation principle number 604

Diyas and their fractions. Their prescription under the provisions of Islamic Sharia. Its implication. Reference must be made thereto to ascertain cases of entitlement to diya and the ability to collect or claim it. - Extinction of a right by prescription. Unknown in Islamic jurisprudence. Its consequence is to bar hearing an action for the right through the passage of time. - The general rule for an obligation is that it is time-barred upon the lapse of fifteen years unless a special provision applies thereto. Absence of a statutory provision prescribing a special short limitation period for diyas and their fractions. Its implication. Claims therefor shall not be heard after fifteen years have elapsed. Exception. The State's guarantee of compensation for personal injury. Its extinction by the three-year limitation period. - Liability for diya for personal injury. Its prerequisite: occurrence of damage, and it is not rebutted by negation of fault or the injured party's participation in causing the damage. Recourse for diya: