Kuwait Court of Cassation principle number 563

Recourse against the State as guarantor of bodily harm. Its prerequisite. The harm must be such as warrants Sharia diya, and identification of the person responsible for compensation or obliged to guarantee it must have proved impossible. - The Civil Code is the general law governing civil liability. Its provisions apply to cases of liability for which no special provision exists. - The provisions and rules that a judge must apply when delivering judgments. Their nature. The judge may not rely on rules of justice as a source of legislation in the absence of a provision, rules of Islamic jurisprudence or custom as an official subsidiary source prescribed by 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 or fulfillment of the conditions for recourse against it for Sharia diya as guarantor of bodily harm in respect of that injury. Compensation determined by the tripartite committee for work injuries. A grant from the State to an employee injured during and because of work. Reason therefor: the Civil Service Law and Regulations contain no provision obliging the administrative authority to compensate an employee for a work injury. Contravention thereof. An error in the application of the law requiring cassation of the judgment. Example.