Kuwait Court of Cassation principle number 348

Analogy is the assimilation of a matter for which no rule is prescribed to another matter for which a rule is prescribed because they share the same underlying reason for the rule. The female custodian’s travel with the child in custody to a country other than that in which the child’s guardian resides. Its effect. Loss of her custody. The reason: the loss of the guardian’s right to acquaint himself with the child’s circumstances and attend to the child as guardian of the person. The same reason exists where the female custodian travels with the child in custody to a country other than that in which the guardian resides, leaves the child there, and returns to the guardian’s country without bringing the child with her. The effect of this. Loss of the female custodian’s custody in this case by analogy with the case of the female custodian’s travel with the child in custody prescribed in Article 195/1 of the Personal Status Law, because the underlying reason is identical in both cases.