Kuwait Court of Cassation principle number 2113

The requirement to register all dispositions whose subject matter is a principal right in rem, including a waqf. Article 7 of Decree 5 of 1959. Its purpose. Protecting a private interest of the individual because registration has an effect preserving his rights and giving precedence over every unregistered disposition. The founder of a waqf is not obliged to register his waqf in the real estate register so long as it has issuance by official attestation, as it is unrelated to public order. The consequence thereof. The legislature did not provide for the sanction of nullity of the waqf if its founder fails to register it. An example: concerning the court's ruling that a waqf deed was valid despite not being registered with the Real Estate Registration Department, its authentication at the Jaafari Authentication Department being deemed sufficient.