Decree-Law No. 8 of 2025 amended Article 251 of the Kuwaiti Civil Code and doubled the full diya, or blood money, from KD 10,000 to KD 20,000. It was published on 16 March 2025. The change directly affects the value of fatal road accident and medical negligence claims. In this article, Attorney Meshari Obeid Alenezi explains how the diya works and how to claim it.
Key facts
- Instrument: Decree-Law No. 8 of 2025 amending Article 251 of the Civil Code.
- New amount: KD 20,000 for the full diya.
- Previous amount: KD 10,000.
- Published: 16 March 2025.
- Practical consequence: settlement offers calculated on the old figure are based on a provision that no longer stands.
What the diya is
- Definition: a sum fixed by law payable for death, or what is treated as such, resulting from a wrongful act.
- Nature: compensation fixed in advance by statute rather than assessed by the judge in its principal amount.
- Main applications: fatal road accidents, medical errors, workplace accidents and assaults.
- Who receives it: the heirs of the deceased, distributed according to their shares as part of the estate.
- Injuries short of death: assessed proportionately to the degree of harm.
Diya and general compensation compared
| Aspect | Diya | Civil compensation |
|---|---|---|
| Source | Fixed by Article 251 of the Civil Code | Assessed by the court on the damage proved |
| Proof | Death and its cause | Each head of damage and its value |
| Scope | For the life itself | Material, moral and lost earnings |
| Combination | Other heads of damage may be claimed alongside the diya depending on the facts | |
Treating the diya as the whole of the claim is the most common way families understate what they are owed.
Who pays
- The wrongdoer: the driver, the practitioner or the person whose act caused the death.
- The employer or institution: a hospital or company may be liable for those it employs.
- The insurer: compulsory motor insurance responds to third party harm within its limits, and professional indemnity cover may respond in medical cases.
- Exclusions: conduct such as driving under the influence may affect cover and give the insurer a right of recourse against the insured.
- Suing both: joining the wrongdoer and the insurer improves the prospect of actual recovery.
How to bring the claim
- Secure the record: the police or traffic report, the medical report, and in medical cases the full clinical file.
- Obtain the succession declaration: the diya forms part of the estate and is distributed by shares.
- Identify every liable party before filing rather than after.
- Check the policy: its limits and exclusions determine what is realistically recoverable.
- Do not sign a release early: a discharge signed before the full picture is known can extinguish the claim.
- Mind limitation: compensation claims are subject to time limits and delay also degrades the evidence.
Which amount applies to my case
- The general rule: substantive rules are not retroactive, so the amount in force at the material time is the starting point.
- What must be checked: the date of the incident against the date the amendment took effect.
- Why it matters: the difference between the two figures is KD 10,000, which is worth establishing precisely rather than assuming.
- Do not accept an assumption: an insurer applying the old figure should be asked to state the basis on which it did so.
Frequently asked questions
My father died in a road accident. What are we entitled to?
The full diya is KD 20,000 following Decree-Law 8 of 2025, distributed among the heirs according to their shares. Depending on the facts there may be further heads of damage that are independent of the diya, so an insurer’s first offer is rarely the measure of the claim and the file should be assessed as a whole.
We were offered KD 10,000. Should we accept?
That figure matches the position before the 2025 amendment, so the offer may rest on a provision that no longer applies. Before accepting anything, confirm the date of the incident, the amount applicable to it, and whether other heads of damage have been left out of the calculation.
Is the diya available in medical negligence cases?
Yes, where the error led to death and causation between the error and the outcome is established. Medical files usually turn on an expert determination, and the clinical record is the decisive material, which is why requesting it in writing at an early stage matters.
Is the diya part of the estate?
It is received by the heirs and distributed according to their shares. That also means the ordinary order of settling the estate applies, so debts of the deceased are addressed before distribution rather than after.
If you have lost a family member through an accident or a medical error, you may book an appointment with the office of Attorney Meshari Obeid Alenezi or call 22204490.
Disclaimer: this article provides general legal information and is not a substitute for specialised legal advice.
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