Kuwait Court of Cassation principle number 481

Maintenance of a minor unable to earn a living. Owed by his father. The mother may waive it. Its condition: the waiver must be for a specified temporary period. Articles 117, 202 of Law 51/1984 and the Ja'fari school and others. The reason therefor: Muslims are bound by their stipulations unless these conflict with a rule of Sharia. An absolute waiver without restriction or condition. Impermissible. The basis therefor: preservation of lives takes precedence over property. - The mother's acknowledgment, upon khul', that she waives her son's maintenance during the custody period. Evidence against her. Her proving that her financial circumstances have changed so as to render her unable to fulfill her obligation. She may be released from it, with the maintenance being regarded as a debt owed by her and the father being required to pay it, with a right of recourse against the mother for what he has spent once she becomes financially able. Assessment of the change in the mother's condition from financial ability to financial hardship. A matter of fact. Example of sound reasoning concerning the financial ability of a mother who undertook to maintain her son.