Kuwait Court of Cassation principle number 2616

Fixing compensation for bodily injury by reference to diya. Its condition. - Extinction of a right by limitation. Unknown in Islamic jurisprudence. Its making the passage of time a bar to hearing an action asserting the right. The legislature's fixing its period at fifteen years. Its effect. Claims for diyas and their fractions are not heard after the passage of the aforementioned period. The exception. The State's guarantee of compensation to the injured party and compensation for injuries not included in the diya schedule. They are barred upon the passage of three years. - Actions arising from an insurance contract. They are subject to three-year limitation irrespective of the right they protect. The exception. Cases of entitlement to diya and its fractions. They are barred upon the passage of fifteen years. - The challenged judgment's determination that, where compensation for the injury itself is a hukumat adl, an action claiming it is not heard after the passage of fifteen years. An error that led it to award the provisional compensation sought for all the respondent's injuries without ascertaining which of them entailed entitlement to diya or a prescribed arsh and which entailed entitlement to a hukumat adl.