Kuwait Court of Cassation principle number 431

Both parties' adherence to the Ja'fari school. Its implication: application of its rules to them. The basis for this. - A wife's inheritance under the Ja'fari school. Its scope: movables, ships, and animals. She does not inherit land, either in kind or in value, but she inherits what is fixed upon it, including buildings, trees, machinery, and other things. The heir may compel her to take the value of what she inherits. Her obligation to accept this. - The challenge to the judgment for dismissing the appellant's action for partition and allocation of her inheritance share in the entire land and building, refusing to apply the school of Imam Malik despite her being Sunni, and contradicting itself by dismissing it after acknowledging her right to inherit the building but not the land. Incorrect. So long as the judgment adhered to the binding force of the previous adjudication between the same litigants, which concluded that she was entitled to inherit from her husband as an adherent of the Ja'fari school and rejected her claim that she was Sunni, and applied the rules of the Ja'fari school, which entitle the heir to compel her to take the value of what she inherits of the building and oblige her to accept.