Kuwait Court of Cassation principle number 595

Establishment that both parties to the action are Syrian nationals. Its implication. The Syrian Personal Status Law is the applicable law. - 130 - The Law - Application of Syrian law to a Christian who embraces Islam. The reason for this. Its lack of a provision regulating the taking of children into care and their affiliation after one spouse embraces Islam. Its necessary consequence. Recourse to the preponderant opinions in the school of Imam Abu Hanifa pursuant to Article 305 of the same Law. - One spouse’s conversion to Islam while having a young child, under the Hanafi school. Its necessary consequence. His child becomes Muslim upon his conversion to Islam. Custody under this school is a form of guardianship over the person, and there is no guardianship where religions differ; the right of custody according to them is founded on inheritance, and there is no inheritance by designation for men where religions differ.