Medical and legal description of bodily injuries and estimation of the amount of financial compensation for them in accordance with Royal Decree 108/2008

It is admitted that the bodily injuries deserve a financial compensation estimated by Sharia, and they are included in the harmful act that is one of the reasons for the guarantee legally. The judge relies on estimating the amount of compensation for the injury based on a medical report that accurately describes all injuries, as long as with the legal division in Islamic fiqh of al-deyat and al-Arush (the stipulated compensation for injury). However, since the current medical reports rely on defined medical terms, this made a wide scope by making mistakes in evaluating the appropriate amount of compensation. Based on the foregoing, this research project aims to find a detailed modern lexicon that describes the physical (bodily) injuries that may inflict a person, in order to give the medical description according to medical terminology. This as long as with the legal description and its justification will lead to the accurate percentage of the major deyah for compensation according to the criteria approved by the jurists, most of which were stipulated in the Royal Decree 108/2008. In order to achieve this goal, the study will follow the inductive method to study all injuries that affect the body from a medical view based on scientific sources in the medical field and the experience of a consultant physician in emergency department. After that, the research will provide the previous with a legal analysis determining the type of injury, its name according to jurists, and the percentage of the major blood money (deyah) that is due as a compensation in accidents. Finally, this will help the judge to decide the accurate compensation for the injuries, especially, the modern injuries that are the result of the development of human medicine and the jurists did not discuss them in their books.

It is admitted that the bodily injuries deserve a financial compensation estimated by Sharia, and they are included in the harmful act that is one of the reasons for the guarantee legally. The judge relies on estimating the amount of compensation for the injury based on a medical report that accurately describes all injuries, as long as with the legal division in Islamic fiqh of al-deyat and al-Arush (the stipulated compensation for injury). However, since the current medical reports rely on defined medical terms, this made a wide scope by making mistakes in evaluating the appropriate amount of compensation. Based on the foregoing, this research project aims to find a detailed modern lexicon that describes the physical (bodily) injuries that may inflict a person, in order to give the medical description according to medical terminology. This as long as with the legal description and its justification will lead to the accurate percentage of the major deyah for compensation according to the criteria approved by the jurists, most of which were stipulated in the Royal Decree 108/2008. In order to achieve this goal, the study will follow the inductive method to study all injuries that affect the body from a medical view based on scientific sources in the medical field and the experience of a consultant physician in emergency department. After that, the research will provide the previous with a legal analysis determining the type of injury, its name according to jurists, and the percentage of the major blood money (deyah) that is due as a compensation in accidents. Finally, this will help the judge to decide the accurate compensation for the injuries, especially, the modern injuries that are the result of the development of human medicine and the jurists did not discuss them in their books.