The legal regulation of blood money in Civil Kuwaiti law

https://doi.org/10.29332/ijssh.v5n1.775

Authors

  • Saleh Naser AL-Otaibi Professor of Civil Law, Kuwait International Law College, Kuwait

Keywords:

al-dyyah, blood money, compensation, deyyah sharia, justice gov, moral damage, physical harm, sole compensation

Abstract

The original rule is that the compensation value is assessed by the Judge exactly. Compensation comes after the occurrence of the damage. Despite that, the Kuwaiti Civil law No. 67 of 1980 defined another type of compensation the value of which was pre-determined by the law, i.e. before the occurrence of the damage, therefore, the judge has no power to determine its value, which is called: legal blood money or in Arabic term (Deyyah Sharia) which has taken all its provisions from the Islamic Sharia (rules) and related to compensation for death and 26 specific types of body injuries.  In this research, we explained the regulation taken from the Islamic Provisions for compensation against bodily injury, known as legal blood money which was added to the compensation for other material, moral and body injuries that are out of the blood money concept.

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References

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Published

2021-02-04

How to Cite

AL-Otaibi, S. N. (2021). The legal regulation of blood money in Civil Kuwaiti law . International Journal of Social Sciences and Humanities, 5(1), 16–31. https://doi.org/10.29332/ijssh.v5n1.775

Issue

Section

Research Articles