Kuwait Court of Cassation principle number 613

The judgment's statement of sufficient and sound grounds establishing the appellant's criminal intent based on his knowledge that his divorced wife's waiting period had not expired when he concluded his marriage contract with her sister. The contention that this knowledge was absent. A factual argument concerning the court's authority to assess evidence. Impermissible before the Court of Cassation. - Adultery. Its criterion in law: its establishment against a married person. Its criterion in Islamic Sharia. It is established against any person, even if unmarried. - Revocable divorce does not extinguish a marital bond or lawfulness, nor remove the rules governing marriage before the waiting period has elapsed, nor affect the marital rights arising from the marriage contract during that period. - The appellant's marriage to the sister of his revocably divorced wife and his sexual intercourse with her during the latter's waiting period. Constitutes the offense of adultery in law, and Islamic Sharia does not preclude his discretionary punishment.