Kuwait Court of Cassation principle number 591

The husband may take back his revocably divorced wife by word or act of his own volition. Condition for this. Her being within the waiting period. This right is not extinguished by waiver. Articles 149, 150 of Law 51/1984 concerning Personal Status. - Taking back by word. Its condition. It must be unconditional, in the presence of two witnesses or by official attestation, and the wife must be informed of it. - The requisite number of witnesses to establish verbal taking back. Two men or one man and two women. The provisions of the Personal Status Law contain no rule for proving taking back by act. Consequence. Recourse to the rules of the school of al-Ghamam Malik, in which the requisite number of witnesses differs according to the subject of the testimony. If the subject of testimony is something generally apparent to men and is not property, including proof of taking back by act. Effect. It is established by the testimony of two witnesses, neither of whom is a woman. - The presumption is that no taking back occurred. Whoever relies upon what is established originally, apparently or presumptively. The burden of proof does not fall upon him, but upon whoever alleges the contrary. Example. See also: Divorce. - 433 - Personal Status 2- The waiting period: