Kuwait Court of Cassation principle number 395

Marital recalcitrance in the Ja'fari school may be on the part of the wife or the husband. The husband's recalcitrance. Is established by withholding from the wife her rights incumbent upon him, such as failing to maintain her, failing to spend the night with her on her allotted night, abandoning her, or harming her. - Complete abandonment of the wife or harming her without Sharia justification permits her to refer the matter to the Sharia judge, who obligates the husband to do one of two things: desist from abandonment, refrain from harm and live with her honorably, or release her graciously; if he refuses both, the Sharia judge divorces her. An example of a judicial divorce for refusing to abandon the wife and cease harming her or release her graciously. - 392 - Personal Status