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.

Downloads

Download data is not yet available.

References

Ahwaei H. A. (1998). The General Theory of commitment, First part, Sources of Commitment. Second Volume, the non-voluntary sources, edn. P. 68

Al-Hindiani, K. J. (2002). Certain issues involved in the indemnity against self injury’, Kuwait University Magazine of Law: 97.

Al-Sanhouri, A. R. (2004). Al-Wasset in Interpreting the Civil Law, Part II (Alexandria: Al-Maraef Library, p. 821.

Al-Sirifi, Y. (2005). Compensation of Victims of Traffic Accidents of Unknown Doer in the Kuwaiti Civil Law’, The Lawyer Magazine, Kuwait Lawyers Society, p. 83.

Al-Tramanini, A. S. (1982). Al-Waseet in the History of Law and Legal Systems, 3rd edn. (Kuwait: Kuwait University, p. 538.

Al-Yacoub, B. J. (2002). Responsibility for using Hazardous Objects in the Kuwaiti Law, 2nd edn. p. 181.

Bahnasi, A. F. (1988). Blood Money in Islamic Provisions, 4th edn. (Cairo: Dar al-Shuruq,), p. 9.

Cook, C. L., & Fox, K. A. (2012). Testing the relative importance of contemporaneous offenses: The impacts of fear of sexual assault versus fear of physical harm among men and women. Journal of Criminal Justice, 40(2), 142-151. https://doi.org/10.1016/j.jcrimjus.2012.02.006

Leardini, A., Chiari, L., Della Croce, U., & Cappozzo, A. (2005). Human movement analysis using stereophotogrammetry: Part 3. Soft tissue artifact assessment and compensation. Gait & posture, 21(2), 212-225. https://doi.org/10.1016/j.gaitpost.2004.05.002

Mansour, H. A. (2006). Ensure of Self Harm. Kuwait Institute for Legal Studies, p. 176.

Mansour, M. M. (1980). The non-willful sources of commitment – Kuwait university -–P 57

Mohamad, M. (2019). The concept of blood money and retribution in Islam. Research on humanities and social sciences 9(12). p. 78

Zaqrad, A. S. (1996). Modern trend of the Egyptian Court of Cassation in terms of the concept of the material and moral damage compared to the Provisions of the Kuwaiti Court of Cassation. Kuwaiti University Magazine of Law.

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