Kuwait Court of Cassation principle number 449

The rule is that testimony must be direct. The reason: testimony derives from witnessing. Testimony based on common report may be accepted to establish the husband's harm to his wife. The condition thereof. Its distinction from testimony by hearing or hearsay testimony, whose source is the litigant in whose favor the testimony is given himself. The basis thereof: a witness may not testify to something he has not personally perceived by sight or hearing, except for matters excepted by jurists, including lineage, death, and marriage. - The legislature accepted testimony based on common report in actions for separation on grounds of harm, relying on Maliki jurisprudence. - Assessment of the harm warranting judicial divorce and its negation are questions of fact within the sole discretion of the court of merits. It may accept or discard witnesses' statements. Its condition. Example.