Kuwait Court of Cassation principle number 429

Consolatory payment upon divorce according to the Hanafi school. It is obligatory for the delegating woman who delegated her affairs to her guardian if she is divorced before consummation and before a dower has been fixed for them. For a non-delegating woman, the consolatory payment is recommended. - Assessment of the evidence and documents in the action and ascertainment of the provisions of foreign law applicable to the facts fall within the authority of the court of merits. The condition therefor. Example. - Absence from the applicable law of a provision concerning a divorced woman's consolatory payment. Its implication. Recourse must be had to the rules of the Hanafi school in this respect. - The texts of the Hanafi school concerning the consolatory payment state that it is a recommended matter between a person and his Creator and thus is not judicially awarded. The implication: the challenged judgment's conclusion to set aside the appealed judgment awarding the divorced woman a consolatory payment. Correct. Example.