Kuwait Court of Cassation principle number 1098

A man’s harming and antagonizing his wife—under the Ja'fari school—without lawful justification under Sharia. The wife may bring her matter before the Sharia judge to prevent harm and injustice and compel the husband either to live with her honorably or to release her graciously. The husband’s refusal of both courses. Its effect. The Sharia judge may divorce her from him. Its meaning. The judge’s authority to grant divorce arises only upon the husband’s disobedience and refusal of both aforementioned courses together. The occurrence of only one of them,. The judge does not possess that authority.