Kuwait Court of Cassation principle number 55

Both parties’ adherence to the Ja'fari school. Its implication: application of its rules to them. The basis thereof. - A wife’s inheritance in the Ja'fari school. Its scope: movables, ships, and animals. She does not inherit land, either in kind or in value, but she inherits what is fixed upon it, including buildings, trees, equipment, and other things. An heir may compel her to take the value of what she inherits. She must accept this. - Challenging the judgment for dismissing the appellant’s action for partition and allocation of her inherited share in the entire land and building, refusing to apply the school of Imam Malik although she is Sunni, and its contradiction in that, after acknowledging her right to inherit in the building but not the land, it dismissed her action. Incorrect. So long as the judgment adhered to the binding effect of the previous adjudication between the same litigants, which concluded that she was entitled to inherit from her husband as an adherent of the Ja'fari school and rejected her assertion that she was Sunni, and applied the rules of the Ja'fari school, which entitle the heir to compel her to take the value of what she inherits of the building and require her to accept. - 328 - Personal Status