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. - ماهية الدية ومناطها

    Principle 429The general rule concerning liability for personal injury warranting diya under the provisions of Islamic Sharia and the contents of the diya schedule. The burden of the damage falls on its direct perpetrator.Civil Matters — Volume 11 · Source page ٨٩
  2. Principle 430Liability for diya for bodily injury. The basis of its assessment. The occurrence of damage, and it is not rebutted by negating fault. - 89 - ObligationCivil Matters — Volume 11 · Source page ٨٩
  3. Principle 431The direct perpetrator of bodily harm warranting diya. Liable even without intent or transgression. Determining whether the harm occurred directly or indirectly: the reference is Islamic jurisprudence. Direct causation. Civil Matters — Volume 11 · Source page ٩٠
  4. Principle 432Liability for personal injury. Its financial burden falls upon the direct actor. - The direct actor and the indirect causer. Their definitions under Islamic jurisprudence. - The direct actor. A person whose act, personalCivil Matters — Volume 11 · Source page ٩٠
  5. Principle 433The general rule concerning liability for bodily harm warranting diyah. Its burden falls upon its direct perpetrator. The exception. - The employer’s liability for damage caused by his subordinate through his unlawful acCivil Matters — Volume 11 · Source page ٩٠
  6. Principle 434The direct actor is the person whose act, which he personally performed, has itself caused the harm. His liability is lifted whenever it is established that the injured party deliberately injured himself or that the injuCivil Matters — Volume 11 · Source page ٩٠
  7. Principle 435The period required to elapse for an action for indemnification for personal harm to become inadmissible is a limitation period. The effect thereof. It is subject to suspension where an impediment makes it impossible forCivil Matters — Volume 11 · Source page ٩٠
  8. Principle 436The guarantee for bodily injury is not payable if it is established that the injured party deliberately inflicted injury upon himself. Intentional gross - 90 - Obligation misconduct that removes liability. Its definitionCivil Matters — Volume 11 · Source page ٩٠
  9. Principle 437Liability for personal injury. The reason for imposing it on the direct actor: a precautionary rule so that blood is not shed without recompense. Its implication. - The obligation to pay diya is not confined to the direcCivil Matters — Volume 11 · Source page ٩١
  10. Principle 438The direct actor is liable even if he did not act intentionally or transgress. The direct actor. His definition in Islamic jurisprudence. A person whose act, performed by himself, brought about the damage in itself and cCivil Matters — Volume 11 · Source page ٩١
  11. Principle 439The liability of the direct actor for compensation for personal injury. Its conditions and import. The distinction between direct infliction and indirect causation. - Liability for diyah is established not on the basis oCivil Matters — Volume 11 · Source page ٩١
  12. Principle 440Liability for personal injury. Its burden falls on its direct perpetrator. The direct perpetrator: the person whose act, personally performed, has itself brought about the damage and caused it without an intermediary betCivil Matters — Volume 11 · Source page ٩١
  13. Principle 441Establishment that the damage resulted directly from the collision of the insured vehicle with the vehicle driven by the victim, without the intervention of any other factor. Establishment of its driver's status as the dCivil Matters — Volume 11 · Source page ٩١
  14. Principle 442Liability for bodily harm warranting diya under Islamic Sharia rests upon its direct perpetrator. Its consequence. The direct perpetrator is liable even without intent or transgression. The direct perpetrator. Its meaninCivil Matters — Volume 11 · Source page ٩٢
  15. Principle 443Compensation under the rules of Sharia diyah. The criterion for entitlement thereto. When the personal injury is one for which diyah or arsh is payable under Islamic Sharia and is provided for in the schedule of diyahs. Civil Matters — Volume 11 · Source page ٩٢
  16. Principle 444The grounds for Sharia diyah and cases of entitlement to it. According to the contents of the diyah schedule. The absence from this schedule of entitlement to diyah or a fraction thereof in the event of loss of the abiliCivil Matters — Volume 11 · Source page ٩٢
  17. Principle 445Guaranteeing compensation for personal harm. Its financial burden falls on the person who directly inflicted it, in accordance with the provisions of Islamic Sharia and the contents of the Schedule of Diyahs. - The direcCivil Matters — Volume 11 · Source page ٩٢
  18. Principle 446Compensation for the personal injury itself. Its determination by the rules of Sharia diyah, which apply only where the injury is one entitling the injured party to Sharia diyah or arsh specified in the schedule of diyahCivil Matters — Volume 11 · Source page ٩٢
  19. Principle 447Compensation for bodily harm is determined according to the rules of Sharia diya, in full or in part, in accordance with the provisions of Islamic Sharia, without distinction between one person and another. An example coCivil Matters — Volume 11 · Source page ٩٢
  20. Principle 448Compensation for the personal injury itself is determined by diya in accordance with Islamic Sharia provisions when the injury is one for which diya or arsh may be payable. - 92 - ObligationCivil Matters — Volume 11 · Source page ٩٢
  21. Principle 449The direct actor is obliged to indemnify bodily harm requiring diya in accordance with the provisions of Islamic Sharia and the contents of the schedule of diyas, whenever such harm occurs by direct action and through thCivil Matters — Volume 11 · Source page ٩٣
  22. Principle 450Sharia diya. Its nature. - The direct source of the insurer’s obligation is the insurance contract itself, not the rules of Sharia diya. Example.Civil Matters — Volume 11 · Source page ٩٣
  23. Principle 451Assessment of compensation by Sharia diya. Its condition. The injury must reach the degree for which diya or arsh is payable under the diya schedule. An injury that does not reach that degree. Compensation therefor is asCivil Matters — Volume 11 · Source page ٩٣
  24. Principle 452Compensation for the bodily injury itself. Determined in accordance with the provisions of Islamic Sharia if diya or a prescribed arsh is due for it. Consequently. Actions claiming diyas and their portions may not be heaCivil Matters — Volume 11 · Source page ٩٣
  25. Principle 453Bodily injury not reaching the degree for which diya or prescribed arsh is payable. Its effect. The trial court may assess compensation provided that it does not exceed the diya for life or the diya for complete loss of Civil Matters — Volume 11 · Source page ٩٣
  26. Principle 454Compensation for the damage constituted by the injury itself. It is assessed under the rules of Sharia diyah, without prejudice to compensation for the other elements of damage.Civil Matters — Volume 11 · Source page ٩٤
  27. Principle 455Permanent loss of the function of an organ is deemed equivalent to its severance or loss. - The forensic medical report’s conclusion that the eye injury left a permanent disability consisting of loss of sight, warrantingCivil Matters — Volume 11 · Source page ٩٤
  28. Principle 456Compensation for bodily injury where the injury has not reached the degree for which diyah or arsh is payable under Islamic law and as stipulated in the diyah schedule. Assessing it at an amount that redresses the damageCivil Matters — Volume 11 · Source page ٩٤
  29. Principle 457An injury for which no diyah or prescribed arsh is payable under the provisions of Islamic Sharia and as stipulated in the Schedule of Diyahs. Compensation for it shall be according to what the judge assesses to make gooCivil Matters — Volume 11 · Source page ٩٤
  30. Principle 459Inferring fault giving rise to liability and the causal relationship between it and the damage. A matter of fact. An example of awarding Sharia diya for an unlawful act.Civil Matters — Volume 11 · Source page ٩٤
  31. Principle 460Diyah is compensation for the personal injury itself. Its implication. It enters the injured party’s assets and is regarded as an estate divided among his heirs according to the Sharia shares. Article 250, Civil Code.Civil Matters — Volume 11 · Source page ٩٤
  32. Principle 461Bodily injury itself that does not reach the degree for which diya or prescribed arsh is payable. Compensation therefor is assessed by - 94 - Obligation the court of merits in an amount making good the damage. The conditCivil Matters — Volume 11 · Source page ٩٤
  33. Principle 462Diya does not represent compensation for the injury itself and does not preclude compensation, as determined by the judge, for all elements of damage. - Compensation for death itself under the rules of Sharia diya. Its nCivil Matters — Volume 11 · Source page ٩٥
  34. Principle 463Sharia diya. A right of the injured party because it is compensation for injury to the person itself, enters into their assets, and is considered an estate shared by their heirs. A claim for inherited compensation and a Civil Matters — Volume 11 · Source page ٩٥
  35. Principle 464Sharia-prescribed diya constitutes compensation only for the bodily injury itself. Consequently: awarding compensation in this case does not constitute an award of compensation for a single element of damage. - The elemeCivil Matters — Volume 11 · Source page ٩٥
  36. Principle 465The State's guarantee for bodily harm. Its condition. That it is not established that the injured person or any of that person's heirs, through their fault, caused the failure to identify the liable person or guarantor. Civil Matters — Volume 11 · Source page ٩٥

  37. - الدية الكاملة - دية النفس وأجزاء الديات

    Principle 466Diyah and its fractions. Their prescription in accordance with the provisions of Islamic Sharia. The implication. The necessity of referring to it to ascertain the cases of entitlement to diyah and the possibility of colCivil Matters — Volume 11 · Source page ٩٦
  38. Principle 467Compensation for personal injury. Its determination at the amount of the full diyah at a portion thereof where the injury is one for which diyah or arsh may be assessed and in accordance with what is stipulated in the ScCivil Matters — Volume 11 · Source page ٩٦
  39. Principle 468Compensation for personal injury is determined by Sharia diyah in accordance with Islamic Sharia and in cases where the personal injury is one for which diyah or arsh may be payable. Otherwise. Compensation is in accordaCivil Matters — Volume 11 · Source page ٩٦
  40. Principle 469Injury to the mind. Full diya is payable for it in the event of complete loss. Anything short thereof. Unspecified arsh is payable for it. - Unspecified arsh falls within the authority of the court of merits.Civil Matters — Volume 11 · Source page ٩٦
  41. Principle 470Insurance against civil liability in motor vehicle accidents. Compulsory for the benefit of third parties suffering injury to their person or property. It confers on the injured party a personal right enforceable againstCivil Matters — Volume 11 · Source page ٩٦
  42. Principle 471Compensation by Sharia-prescribed diyah. The criterion for awarding it. - A hashimah is an injury that breaks or crushes a bone without removing it, and occurs only in the bones of the head and face. Other injuries do noCivil Matters — Volume 11 · Source page ٩٧
  43. Principle 472Entitlement to diya for injury to memory. Its case. Total loss thereof. Anything less entitles the injured party to arsh assessed by the court.Civil Matters — Volume 11 · Source page ٩٧
  44. Principle 473Entitlement to full diya for a fracture of the spinal column preventing standing. Its basis is Article 1 of the Regulations on the Schedule of Diyas.Civil Matters — Volume 11 · Source page ٩٧
  45. Principle 474Compensation for bodily injury. Its determination by Sharia diya. Its scope. That the injury is one for which diya and arsh may be payable pursuant to Sharia and the Schedule of Diyas. Otherwise. Compensation is assessedCivil Matters — Volume 11 · Source page ٩٧
  46. Principle 475Fixing compensation for the personal injury itself by reference to diyah. The case in which this applies. When the injury is one for which diyah or arsh may be payable. Otherwise. Compensation therefor is as assessed by Civil Matters — Volume 11 · Source page ٩٧
  47. Principle 476Compensation for the bodily injury itself. Its determination under the Sharia diyah rules, which apply only where the injury warrants Sharia diyah or arsh fixed in the diyah schedule. Otherwise. Compensation for it is acCivil Matters — Volume 11 · Source page ٩٧
  48. Principle 478The State’s obligation to guarantee compensation for personal harm. Its prerequisite. Inability to identify the person responsible for the damage or the person obliged to guarantee compensation for it, and the absence ofCivil Matters — Volume 11 · Source page ٩٨
  49. Principle 479Loss of life is among the matters entitling one to full diyah. A claim for it is not heard after the lapse of fifteen years. The judgment's conclusion to that effect is correct.Civil Matters — Volume 11 · Source page ٩٨
  50. Principle 480The judgment's award of the diya prescribed in the diya schedule for the sense of sight, based on the forensic physician's report that the injured person lost useful vision, thereby losing this function entirely. CriticiCivil Matters — Volume 11 · Source page
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