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. تعدد الديات والتعدد المنهي عنه

    Principle 536Contradiction that vitiates a judgment. That whereby its reasons cancel one another out, leaving nothing upon which the judgment can be sustained. - The judgment's determination that multiple diyas are due for multiple lCivil Matters — Volume 11 · Source page ١٠٩
  2. Principle 537Multiplicity of diyah payments according to the multiplicity of losses of organs, senses and functions, and wounds. Its condition.Civil Matters — Volume 11 · Source page ١٠٩
  3. Principle 538Multiplicity of diyas. Each independent function has an independent diya. This is the rule. Cases of overlapping diyas.Civil Matters — Volume 11 · Source page ١٠٩
  4. Principle 539Diyahs are not multiplied by the multiplicity of an organ's functions if the loss of one is an inevitable consequence of the loss of another or of the loss of an organ with multiple functions. An example.Civil Matters — Volume 11 · Source page ١٠٩
  5. Principle 540The prohibition on claiming diyah for loss of life after receipt of the diyah due for loss of organs, senses, functions, or wounds has been established. Its condition. - The judgment’s rejection of the claim for diyah foCivil Matters — Volume 11 · Source page ١٠٩
  6. Principle 541The prohibited multiplicity of diyahs. When it occurs. - Contusion of the spinal cord. Compensation assessed by the judge is due for it.Civil Matters — Volume 11 · Source page ١٠٩
  7. Principle 542Diyahs are not multiplied by the multiplicity of an organ’s functions if the loss of one is an inevitable consequence of the loss of another or of the loss of an organ having multiple functions. An example concerning losCivil Matters — Volume 11 · Source page ١٠٩
  8. Principle 543Diyas, full or partial, multiply with the multiplicity of losses of organs, senses, or functions, and with the loss of their benefits, even if they exceed the diya for a life. Example.Civil Matters — Volume 11 · Source page ١١٠
  9. Principle 544Full or partial diyas multiply with the multiplicity of losses of organs, senses or functions, or wounds. The judge may multiply compensation in this case. The nature of the prohibited multiplicity.Civil Matters — Volume 11 · Source page ١١٠
  10. Principle 545Multiplicity of diyas. Conditional upon the loss of a sense or function not being an inevitable consequence of the loss of another or the loss of an organ having multiple functions.Civil Matters — Volume 11 · Source page ١١٠
  11. Principle 546Diyas are multiplied, in full or in part, according to the multiplicity of lost organs, senses or functions, or wounds, taking into account whether the loss of a sense or function resulted from the loss of another or theCivil Matters — Volume 11 · Source page ١١٠
  12. Principle 547Entitlement to diya or part thereof does not preclude compensation for another injury in itself, so long as their subject matter is not one and the same. The basis thereof. An example concerning loss of the ability to arCivil Matters — Volume 11 · Source page ١١٠
  13. Principle 548Determination 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 Civil Matters — Volume 11 · Source page ١١٠
  14. Principle 549Loss of the function of an organ in the human body. Requires one diya, namely the diya for the organ, not the diya for its function. The rationale therefor. The function is ancillary to the organ and is lost upon its losCivil Matters — Volume 11 · Source page ١١١
  15. Principle 550Multiplicity of the victim’s injuries. Its consequence. His entitlement to a Sharia diyah for each injury listed in the diyah schedule. Injuries not listed in the diyah schedule entitle him to hukumat ‘adl assessed by thCivil Matters — Volume 11 · Source page ١١١

  16. تجاوز مقدار الدية - مناطه

    Principle 551Entitlement to diya or part thereof does not preclude compensation for another injury in itself, so long as their subject matter is not the same. Reason for this: each independent injury has an independent diya or compenCivil Matters — Volume 11 · Source page ١١١
  17. Principle 552Compensation for the injury itself under the rules of Sharia diyah. An element of assessment falling within its general criterion, permitting the judge to exceed the amount of diyah to the extent he considers sufficient Civil Matters — Volume 11 · Source page ١١٢
  18. Principle 553The court of merits has authority to assess compensation. Where its grounds exist and there is no statutory provision requiring particular criteria and methods to be followed. - The insurer’s obligation to compensate forCivil Matters — Volume 11 · Source page ١١٢
  19. Principle 554Determining compensation according to the rules of Sharia diyah. Its case. Where the personal injury is one for which diyah or arsh is payable according to what is stipulated in the Schedule of Diyahs. - Determining compCivil Matters — Volume 11 · Source page ١١٢

  20. الجمع بين الدية والتعويض

    Principle 555Compensation for bodily injury is determined by diyah in accordance with the provisions of Islamic Sharia; if the injury falls short of that for which diyah or prescribed injury indemnity is payable. Compensation therefoCivil Matters — Volume 11 · Source page ١١٢
  21. Principle 556Combining two compensations is impermissible unless it is recourse for harm remaining uncompensated. Example. An action for lump-sum compensation for the deceased's injury. Recovery of Sharia diya and additional compensaCivil Matters — Volume 11 · Source page ١١٢
  22. Principle 557The injured party's right to claim diya and compensation for damage from an unlawful act. The condition therefor.Civil Matters — Volume 11 · Source page ١١٣
  23. Principle 558Combining diyah with compensation for other harm. Impermissible, unless each constitutes an element independent of the other. Example.Civil Matters — Volume 11 · Source page ١١٣
  24. Principle 559The right to diya and compensation. It may not be collected twice. Example concerning the invalidity of claiming this right against the insurance company after collecting it from the person responsible for the accident.Civil Matters — Volume 11 · Source page ١١٣
  25. Principle 560Compensation determined by the tripartite committee for occupational injuries to State employees according to the diyah schedule and Decision 66/1983 of the Minister of Social Affairs is Sharia diyah. Its implication. ThCivil Matters — Volume 11 · Source page ١١٣
  26. Principle 561Compensation for occupational injuries sustained by civilian State employees without fault on its part. The State bears no obligation therefor. The responsible person’s obligation to pay it to the injured party. - Diya rCivil Matters — Volume 11 · Source page ١١٣
  27. Principle 562Compensation for the injury itself under the rules of Sharia-prescribed diyah. Its nature. The judge may award more than the amount of diyah as the judge considers sufficient to redress the remaining material and moral hCivil Matters — Volume 11 · Source page ١١٣
  28. Principle 563Receipt of diya as indemnification for personal injury. Does not preclude the injured party's right to seek compensation for other harm under the provisions governing liability for unlawful acts. - 113 - ObligationCivil Matters — Volume 11 · Source page ١١٣
  29. Principle 564The absence from the Civil Service Law of an obligation upon the administrative authority to compensate an employee for a work injury. Formation of a tripartite committee to examine applications for compensation for workCivil Matters — Volume 11 · Source page ١١٤
  30. Principle 565Receipt of diya as a guarantee for bodily harm. Does not preclude the injured party's right to claim compensation for other harm under the provisions governing tort liability, so long as that party has not waived the rigCivil Matters — Volume 11 · Source page ١١٤
  31. Principle 566The impermissibility of combining two awards of compensation for one injury. Its implication. Diya and inherited compensation may not be combined. Reason therefor. The unity of the subject matter of the two claims, namelCivil Matters — Volume 11 · Source page ١١٤
  32. Principle 567Multiplicity of the victim’s injuries. Its consequence. Entitlement to Sharia-prescribed diyah for each injury listed in the Schedule of Diyahs. Injuries not listed in the Schedule of Diyahs give rise to entitlement to aCivil Matters — Volume 11 · Source page ١١٤

  33. التزام المباشر بالدية الشرعية أو بجزء منها (مسئولية المباشر)

    Principle 569Sharia diya does not prevent the injured party from claiming compensation for the remaining elements of damage resulting from the injury when liability for an unlawful act is established. The rationale therefor: diya conCivil Matters — Volume 11 · Source page ١١٥
  34. Principle 570One car striking another. The driver of the first is the direct actor. Establishment of fault on the part of the driver of the second. It has no effect on the amount of diya payable for his death or injury. The basis theCivil Matters — Volume 11 · Source page ١١٥
  35. Principle 571The insurer may have recourse against the bodily harm indemnity for the compensation it paid to the injured party for the harmful act pursuant to the assignment of the right made to it by the injured party. - A criminal Civil Matters — Volume 11 · Source page ١١٥
  36. Principle 572The direct actor is liable to indemnify personal injury requiring diya. - 115 - Obligation - The direct actor is liable to indemnify even if he did not act intentionally or transgress. - The direct actor is the person whCivil Matters — Volume 11 · Source page ١١٥
  37. Principle 573The direct perpetrator is liable even if he neither acted intentionally nor transgressed. The necessity of referring to Islamic jurisprudence to determine whether the damage occurred directly or through indirect causatioCivil Matters — Volume 11 · Source page ١١٦
  38. Principle 574Gross and intentional misconduct that excludes liability for bodily harm. It must emanate from the injured person himself, not from the person responsible for him. The implication. The injured girl’s father’s negligence Civil Matters — Volume 11 · Source page ١١٦
  39. Principle 575Absence of liability of the driver of the car that caused the accident for his personal acts because the element of fault is absent and his liability as direct perpetrator is not established. Its necessary consequence. ACivil Matters — Volume 11 · Source page ١١٦
  40. Principle 576The direct perpetrator. His definition. The nature of direct infliction differs from indirect causation. The direct perpetrator’s liability for diyah. Its basis. His direct infliction of the damage. Negation of fault on Civil Matters — Volume 11 · Source page ١١٦
  41. Principle 577The direct actor. Obliged to answer for bodily harm. His obligation to pay diyah or a portion thereof in accordance with the provisions of Islamic Sharia and the contents of the Schedule of Diyahs. Articles 251, 255 of tCivil Matters — Volume 11 · Source page ١١٧
  42. Principle 578The direct actor is liable even if he did not act intentionally or wrongfully. He is the person whose act, performed by himself, itself brought about the harm and caused it without an intermediary. Direct action differs Civil Matters — Volume 11 · Source page ١١٧
  43. Principle 579The direct actor is the person whose act, personally performed, itself brought about the damage and caused it without an intermediary. Direct action differs from indirect causation. An example concerning the driver of thCivil Matters — Volume 11 · Source page ١١٨
  44. Principle 580The direct actor's liability for indemnity for bodily harm. The condition for its establishment: if the act he personally performed itself brought about the damage and caused it without an intermediary. If the movement oCivil Matters — Volume 11 · Source page ١١٨

  45. ضمان الدولة للدية

    Principle 581The Civil Code provisions in the chapter on personal injury. Their purpose is to safeguard shed blood so that no blood goes uncompensated in Islam. The direct actor is liable. - The direct actor. One whose act, which he Civil Matters — Volume 11 · Source page ١١٨
  46. Principle 582The State’s guarantee of compensation for personal injury. A subsidiary guarantee under which the injured party receives the prescribed compensation if the person liable for compensation cannot be identified. Its import.Civil Matters — Volume 11 · Source page ١١٨
  47. Principle 583The State's obligation to indemnify for an unlawful act within the limits of diya where personal injury occurs and the person responsible for compensating it cannot be identified. Example.Civil Matters — Volume 11 · Source page ١١٩
  48. Principle 584The State’s obligation to pay the Sharia diyah where the person responsible for the damage cannot be identified. The criterion for exempting it from this obligation. That it lacks the ability to provide security or reachCivil Matters — Volume 11 · Source page ١١٩
  49. Principle 585Compensation for bodily injury itself. Is in accordance with the Regulations of the Schedule of Diyas. Condition for this. That the injury conforms to what is set out in the Schedule of Diyas. An injury falling short of Civil Matters — Volume 11 · Source page
  50. Principle 586The State's guarantee of compensation for personal injury. Its limits. Sharia diyah and the framework of its rules in accordance with the schedule of diyahs. The injury not reaching the degree for which diyah or arsh is Civil Matters — Volume 11 · Source page
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