Kuwait Court of Cassation principle number 1143

Facts and legal positions predating the date on which the law comes into force. Its retroactive application to them. Its condition. - The new law. It must be published in the Official Gazette within two weeks of its promulgation and comes into force one month after its publication unless otherwise provided. - Death of the deceased before the provisions of Law 5/1971 concerning the obligatory bequest came into force. Its effect. Its non-application. This is not overcome by the appellant's contention that he followed the school of Imam Malik before its promulgation and that the obligatory bequest existed in that school. The reason: this law introduced a rule contrary to all the well-known schools of Islamic jurisprudence, including the Maliki school, namely that the bequest is obligatory by operation of law whether or not the deceased wished it.