المحامي فهد أنور الحداد — LAWYER FAHAD AL-HADDAD
Judicial collection

Cassation principles Civil Matters — Volume 11

Ministry of Justice — Court of Cassation — Technical Office · من 1/10/1972 حتى 31/12/2011 · 4,126 available principles

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  1. - الدية الكاملة - دية النفس وأجزاء الديات

    Principle 481Absence of civil liability—by a final criminal judgment—of the driver who negligently caused the death of the appellants' predecessor, owing to the existence of an extraneous cause. This cause does not negate the driver'Civil Matters — Volume 11 · Source page ٩٨

  2. - الهاشمة والجائفة والآمة والمنقلة

    Principle 483Sharia diyah constitutes compensation only for the bodily injury itself and does not prevent the injured person from claiming - 98 - Obligation compensation for the remaining elements of damage resulting from the injury Civil Matters — Volume 11 · Source page ٩٨
  3. Principle 484Bodily injury for which no diya or prescribed arsh is payable in accordance with the provisions of Islamic Sharia and the schedule of diyas. Compensation therefor is assessed by the judge. A ja’ifah is a wound reaching tCivil Matters — Volume 11 · Source page ٩٩
  4. Principle 485A wound reaching the ventricular or thoracic cavity. A ja’ifah. The criterion for considering it as such. The injury itself, when inflicted, must have penetrated the thoracic or abdominal cavity, irrespective of any surgCivil Matters — Volume 11 · Source page ٩٩
  5. Principle 486Al-hashimah consists of cuts or wounds that crush and fracture the bone without displacing it from its position, and occurs only in the head or face.Civil Matters — Volume 11 · Source page ٩٩
  6. Principle 487An injury for which no diya is prescribed. Compensation for it is assessed by the judge and is called an equitable judicial assessment. - A hashimah injury. It is one that crushes and fractures the bone without displacinCivil Matters — Volume 11 · Source page ٩٩
  7. Principle 488Al-ammah is a skull fracture resulting in exposure of the membrane of the brain. - 99 - ObligationCivil Matters — Volume 11 · Source page ٩٩
  8. Principle 489An injury for which no diyah or prescribed arsh is payable. Compensation therefor is assessed by the judge at an amount not exceeding the diyah for loss of life. - A munaqqilah is an injury that displaces a bone from itsCivil Matters — Volume 11 · Source page ١٠٠
  9. Principle 491Determination of compensation pursuant to the Sharia diyah rules. The case in which it applies. - Injuries for which no diyah or arsh is fixed. Compensation for them is assessed by the judge. - A ja’ifah wound. Its naturCivil Matters — Volume 11 · Source page ١٠٠
  10. Principle 492Al-ja’ifah and al-hashimah. Their definitions. Their characterization depends on what the injury itself caused, without regard to surgical intervention. Example. - The authority of the court of merits to assess compensatCivil Matters — Volume 11 · Source page ١٠٠
  11. Principle 493A bone-fracturing head wound (hashimah). Its definition. It occurs only in the head or face. Anything else. A bodily wound.Civil Matters — Volume 11 · Source page ١٠٠
  12. Principle 494Bodily injury for which diya or specified arsh is payable. The necessity of referring to the diya schedule to determine both. Loss of the ability to breathe normally. Compensation therefor is assessed by the judge at an Civil Matters — Volume 11 · Source page ١٠٠
  13. Principle 495Permanent loss of function of the four limbs. Its effect. Entitlement to half the diya for each limb.Civil Matters — Volume 11 · Source page ١٠١
  14. Principle 497Al-munaqqilah. Its nature. - Head and facial wounds, bodily wounds, and al-ja’ifah. The nature of each.Civil Matters — Volume 11 · Source page ١٠١
  15. Principle 498Compensation for personal injury. Determined according to Sharia-prescribed diyah if the personal injury reaches a degree for which diyah or arsh may be payable. Its failure to reach that degree. Its effect. CompensationCivil Matters — Volume 11 · Source page ١٠١
  16. Principle 499The State's guarantee for personal injury. Limited to Sharia diya within the limits and framework of its provisions. The injury not reaching - 101 - Obligation the level for which diya or arsh is payable. Its effect. TheCivil Matters — Volume 11 · Source page ١٠١
  17. Principle 500Compensation for bodily injury itself. How it is assessed and its cases. - Hashimah, shijaj and wounds. The meaning of each. Wounds have no prescribed arsh. Compensation for them is by equitable assessment. - An action fCivil Matters — Volume 11 · Source page ١٠٢
  18. Principle 501What matters in characterising a wound and whether or not it is considered a ja’ifah is whether the wound itself reaches the abdominal or thoracic cavity, without regard to any surgical intervention its treatment may havCivil Matters — Volume 11 · Source page ١٠٢
  19. Principle 502Compensation under the rules of Sharia diya. The basis of entitlement to it. When the personal injury is one for which diya or prescribed arsh is payable under Islamic Sharia and the provisions of the diya schedule. The Civil Matters — Volume 11 · Source page ١٠٢
  20. Principle 503Munaqqilah. Its meaning. The arsh payable for it: fifteen per cent of the full diya, even if the fractures leading to it are multiple. Multiple displacements of bone from its original location at more than one site, evenCivil Matters — Volume 11 · Source page ١٠٣

  21. ما لا يعد دية

    Principle 504Hashimah is among the shijaj or wounds occurring only in the face or head. Other wounds occurring in the remainder of the body, even if they involve a bone fracture, are wounds without prescribed arsh, for which hukumah Civil Matters — Volume 11 · Source page ١٠٣
  22. Principle 505Removal 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 subject to the judge's assessment, not exceeding the diya for Civil Matters — Volume 11 · Source page ١٠٣
  23. Principle 506Compensation for the bodily injury itself. Determined by the rules of Sharia diya, which apply only where the injury is one for which Sharia diya or an arsh prescribed in the diya schedule is payable. Otherwise. CompensaCivil Matters — Volume 11 · Source page ١٠٣
  24. Principle 507Compensation for personal injury. Determined by the Sharia diyah if the personal injury reaches the extent for which diyah or arsh may be payable. Failure to reach this extent. Its effect. Compensation for it is assessedCivil Matters — Volume 11 · Source page ١٠٤
  25. Principle 508Determining compensation for bodily injury by diya. Its case. Where the injury is one for which diya or prescribed arsh is payable in accordance with the provisions of Islamic Sharia and the schedule of diyas. Absence ofCivil Matters — Volume 11 · Source page ١٠٤
  26. Principle 509An injury for which diyah or a prescribed arsh is paid in accordance with the provisions of Islamic Sharia and as stipulated in the diyah schedule. Compensation for it shall be according to the judge’s assessment.Civil Matters — Volume 11 · Source page ١٠٤
  27. Principle 510Compensation for personal injury. Entitlement to diya or arsh. According to the cases set out in the diya schedule. Its condition. In other cases, compensation is an equitable judicial award. That is, according to the juCivil Matters — Volume 11 · Source page ١٠٤
  28. Principle 511Loss of hearing warrants full diyah. Loss of hearing in one of two hearing ears warrants half a diyah. Mere impairment of the hearing function in one or both ears does not warrant diyah. Rather, judicially assessed equitCivil Matters — Volume 11 · Source page ١٠٤
  29. Principle 512Penetration of the thoracic cavity to insert a tube necessitated by treatment. Does not warrant diyah but rather arsh assessed by the court. - 104 - ObligationCivil Matters — Volume 11 · Source page ١٠٤
  30. Principle 513Assessment of compensation by diyah. Its case. When the injury reaches the extent for which diyah or arsh is paid according to the diyah schedule. - Loss of the ability to control defecation and the ability to control urCivil Matters — Volume 11 · Source page ١٠٥
  31. Principle 514Compensation for bodily injury itself by diya in accordance with the provisions of Islamic Sharia is available only when the bodily injury is one for which diya or arsh may be payable. Otherwise, compensation therefor isCivil Matters — Volume 11 · Source page ١٠٥
  32. Principle 515Loss of the ability to control urination and defecation. Judicially assessed compensation is due for them, not exceeding the diyah for loss of life. - The victim’s fault not subsuming the fault of the person liable. Its Civil Matters — Volume 11 · Source page ١٠٥
  33. Principle 516Determination of compensation for the personal injury itself by diya under the provisions of Islamic Sharia. Its prerequisite. - The trial court's authority to assess compensation for personal injury. Its prerequisite.Civil Matters — Volume 11 · Source page ١٠٥
  34. Principle 517Compensation for bodily injury itself is determined by the Sharia diyah. Its criterion. - Assessment of compensation according to what is called hukumat ‘adl. Its criterion.Civil Matters — Volume 11 · Source page ١٠٥
  35. Principle 518The judgment's conclusion that retinal detachment does not constitute loss or gouging out of one of the seeing eyes and does not warrant prescribed arsh but rather hukumat adl. No error.Civil Matters — Volume 11 · Source page ١٠٥
  36. Principle 519Compensation for personal injury. Its determination by Sharia diyah. Its scope. The injury must be one for which diyah and arsh may be payable in accordance with Sharia and as provided in the schedule of diyahs. OtherwisCivil Matters — Volume 11 · Source page ١٠٥
  37. Principle 520An injury for which neither diyah nor prescribed arsh is paid under the provisions of Islamic Sharia and the Diyah Schedule. Compensation for it according to the judge's assessment. - Fracturing a bone and moving it fromCivil Matters — Volume 11 · Source page ١٠٦
  38. Principle 521Impairment of the function of hearing or of one or both ears. Does not warrant diyah but rather hukumah of justice. No basis for applying Decision No. 66/1983 of the Minister of Social Affairs and Labour. The reason therCivil Matters — Volume 11 · Source page ١٠٦
  39. Principle 522Inability to control urination and defecation is not among the injuries having a prescribed diya or arsh. It requires an equitably assessed indemnity not exceeding the diya for loss of life.Civil Matters — Volume 11 · Source page ١٠٦
  40. Principle 523Compensation for bodily injury itself. Its determination in accordance with the Regulations on the Schedule of Diyas. The injury not reaching the degree warranting diya or prescribed arsh. Compensation therefor is by equCivil Matters — Volume 11 · Source page ١٠٦
  41. Principle 524Compensation for bodily injury itself by diya pursuant to the provisions of Islamic Sharia. Its cases. - The injury not reaching the degree for which diya or arsh is payable. Its effect. Assessment of compensation for itCivil Matters — Volume 11 · Source page ١٠٦
  42. Principle 525Compensation 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 isCivil Matters — Volume 11 · Source page ١٠٦
  43. Principle 526An injury for which neither diyah nor arsh is paid. Compensation for it is assessed by the judge as the judge considers sufficient to redress the harm. - Loss of sexual capacity or loss of reproductive capacity warrants Civil Matters — Volume 11 · Source page ١٠٧
  44. Principle 527Compensation 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 tCivil Matters — Volume 11 · Source page ١٠٧

  45. تعدد الديات والتعدد المنهي عنه

    Principle 528Assessment of compensation by Sharia diya. Its condition. The injury reaching the degree for which diya or arsh is payable under the schedule of diyas. An injury not reaching that degree. Compensation therefor is assesseCivil Matters — Volume 11 · Source page ١٠٨
  46. Principle 530When diya awards are multiple and when they are not. An example concerning diya for limbs and sexual capacity.Civil Matters — Volume 11 · Source page ١٠٨
  47. Principle 531Diyah awards multiply with the multiplicity of injured organs in the human body and the loss of their functions, even if they exceed the diyah for loss of life. The reason for this. They do not merge while life remains, Civil Matters — Volume 11 · Source page ١٠٨
  48. Principle 532Multiplicity of diyas corresponding to the number of senses or functions lost. Its prerequisite. The loss must be in different organs. If the loss of part of an organ's function is included in the loss of the full functiCivil Matters — Volume 11 · Source page ١٠٨
  49. Principle 533Loss of a bodily organ together with its function requires diya for the organ, not for the function. The reason for this. - Multiple functions of an organ. Loss of one as a result of the loss of another or the loss of thCivil Matters — Volume 11 · Source page
  50. Principle 535The prohibited multiplicity of diyah awards. Its criterion. - Injuries for which judicially assessed compensation is due. Compensation is multiplied according to their number. Within the authority of the court of fact, aCivil Matters — Volume 11 · Source page
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