Kuwait Court of Cassation principle number 594

The law of the husband's nationality at the time the marriage is concluded. Reference to it regarding the effects arising from marriage, such as the lawfulness of marital intercourse, obedience, dower, maintenance, and the waiting period following death. Article 39/1, Law 5 of 1961. - The law of the father's nationality. Its application to guardianship of 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 of which the person asserting it must establish proof before the court of merits. It suffices for the person relying on it to submit the substantive conflict-of-laws rules it adopts. It need not take the form of codified provisions. Foreign law's reference to a specified religious law, school, or particular system. Its implication. Reference to the applicable legal or Sharia rules, which acquire the force of legal provisions enacted by the competent authority. Example: a violation and misapplication of the law, where the challenged judgment applied the Kuwaiti Personal Status Law to the facts of the dispute although the husband is of Saudi nationality and the Hanbali school is applicable.