Diyah (compensation for life upon death or total loss of function) and arsh (compensation for less-than-life harm upon losing an organ or partial function) have statutorily defined Sharia assessment bases, unlike general civil compensation which is subject to judicial discretion based on the actual damage scale. Knowing the difference between these two tracks and when each applies is essential to accurately assessing your right.
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Full diyah upon a person's death or total loss of function (such as full mental capacity or sight) is set at a fixed statutory amount, while arsh is assessed as a percentage of full diyah depending on the type of organ or function lost, per Sharia tables accredited by the courts. This predetermined assessment gives both parties greater clarity compared to general civil compensation of undetermined amount.
In some cases (such as traffic accidents or medical malpractice), a Sharia diyah or arsh claim can be combined with an additional civil compensation claim for material or moral damages not covered by the diyah (such as lost income, or additional treatment costs), giving the affected party two complementary, not conflicting, tracks to recover their full right.
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You may also want to look at Medical Malpractice Compensation Lawyers in Jeddah and Traffic Accidents & Compensation Lawyers in Jeddah.This directory introduces you to independent lawyers. The agreement on services and fees is between you and the lawyer alone.
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