Kuwait Court of Cassation principle number 455

The law of the husband's nationality at the time the marriage was concluded. Recourse thereto concerning the effects of marriage, such as the permissibility of marital relations, obedience, dower, maintenance, and the waiting period following death. Article 39/1 of Law 5 of 1961. - The law of the father's nationality. Its application to guardianship over the person and custody. Article 43 of the aforementioned law. Both parties to the action being Saudi. Its effect: Saudi law is the applicable law. - Foreign law is merely a material fact which the person asserting it must prove before the trial court. It suffices for the person relying on it to submit the substantive choice-of-law rules it adopts. It need not be in the form of codified provisions. Foreign law's reference to a specified religious law, school, or particular system. Its implication. Recourse to the applicable legal or Sharia rules and their acquisition of the force of statutory provisions enacted by the competent authority. Example: of contravention and error in the application of the law, where the judgment - 99 - The Law under appeal applied Kuwaiti Personal Status Law to the facts of the dispute although the husband is of Saudi nationality and the Hanbali school is applicable.