Kuwait Court of Cassation principle number 212

Consolatory payment upon divorce according to the Hanafi school. It is obligatory for the woman who delegated her affairs to her guardian if she is divorced before consummation and seclusion. For a woman who did not so delegate, consolatory payment is recommended. The reason for this. - The applicable law's lack of a provision concerning a divorced woman's consolatory payment. Its implication. Recourse must be had to the provisions of the Hanafi school in this regard. - The texts of the Hanafi school concerning consolatory payment state that it is a recommended matter between a person and his Creator and therefore is not judicially awarded. Its implication: the challenged judgment's conclusion reversing the appealed judgment awarding consolatory payment to the divorced woman. Correct. Example. 7- Void marriage: