Kuwait Court of Cassation principle number 727

Denial of a child's lineage. Its time limit. Within seven days from birth or knowledge thereof. Its condition. The husband's non-acknowledgment of lineage, expressly or implicitly. Article 176, Law 51/1984. Determining denial of lineage - 459 - Personal Status in a valid marital bed through li'an. Its basis. Birth, preparations for it, or the days of congratulations on the birth if the husband is present, and from the time he learns of the birth if absent. The husband's silence regarding denial of lineage. Deemed an acknowledgment of lineage by him. Its effect. His denial of the child's lineage is inadmissible, since there is no denial after acknowledgment. - Jurists' disagreement over determining the period within which lineage is denied and the ruler's selection of a specific period in accordance with the opinion of some jurists. Does not contravene an established Sharia principle or conflict with the objectives of the noble Sharia. Its implication. The plea of unconstitutionality of Article 176 of Law 51 of 1984. Unavailing and inadmissible. - The plea of unconstitutionality of Articles 176, 177 of Law 51 of 1984 on the pretext of their contravention of Islamic Sharia, on the assertion that li'an conflicts with the results of DNA analysis. Not serious and inadmissible. The basis thereof. - Li'an. Established by the Book and the verbal and practical Sunnah. The ruling on li'an. Has no connection with DNA analysis, and neither is based on the other. Its implication. When its conditions are fulfilled, no evidence or presumption, such as a medical analysis, whatever its method, is needed. See also: Lineage. - 460 - Personal Status Lineage action(*):