Kuwait Court of Cassation principle number 1209

The word “child,” when used without qualification. Encompasses children and children’s children, however remote their descent. The reason for that: construing the unqualified term without qualification, and because a person’s progeny comprises all who issue and descend from him. Example concerning an endowment. Endowment for purposes other than charity and endowment for charitable purposes. The criterion distinguishing them. - The Sharia rules’ stipulation of the perpetuity of endowed property. Its implication. Its remaining in its condition, tied up - 554 - Personal Status forever under the rule of ownership by Allah Almighty, with its benefit given in charity. Its consequence. It may not be disposed of by any form of disposition, and thus may not be subject to sale, gift, mortgage, bequest, transfer of ownership, or inheritance. In necessity, it may be substituted with something more beneficial. Its condition. If the interest requires that. Its effect: the substitute takes the place of the original in being forever withheld from disposition.