Kuwait Court of Cassation principle number 1037

Maintenance of a minor incapable of earning falls upon his father. The mother may waive it. Its condition: the waiver must be for a known temporary period. Articles 117, 202 of Law 51/1984 and the Ja'fari and other schools. The reason therefor: Muslims are bound by their conditions unless they conflict with a Sharia rule. An absolute waiver without restriction or condition. Impermissible. The basis thereof: preserving lives takes precedence over property. - The mother's acknowledgment upon khul' that she waives her son's maintenance during the custody period. Evidence against her. Her proof of a change in her financial circumstances rendering her unable to fulfill her obligation. She may be released from it, with the maintenance deemed a debt owed by her and the father required to pay it, with a right of recourse against the mother for what he has spent after she becomes affluent. Assessment of the mother's change of circumstances from affluence to indigence. A matter for the trial court. Example of reasonable reasoning concerning the affluence of a mother obliged to maintain her son.