Kuwait Court of Cassation principle number 438

The law of the husband’s nationality. Recourse thereto at the time the contract is concluded in respect of the effects arising from marriage and divorce or judicial divorce. Articles 39, 40 of Law 5 of 1961. No disagreement between the parties that the husband is a Saudi national. It follows that Saudi law is the applicable law. - The Saudi-national respondent’s insistence that the Hanbali school is applicable to the action and his submission of a copy of a certificate issued by the Saudi Embassy, which the appellant did not dispute, stating that personal status cases are governed by the provisions of Islamic jurisprudence books and that reference is made in this regard to the Hanbali school. - 95 - The Law The challenged judgment’s conclusion that the appellant, whose marriage was consummated, is not entitled to a consolatory payment on account of her divorce, in application of the Hanbali school. Correct.