Kuwait Court of Cassation principle number 865

A missing person is deemed dead from the date of the judge's judgment. The doctrine of Imams Malik and Abu Hanifa. His life before that does not establish for him rights that did not exist, so he does not inherit from anyone whose estate devolves before it. The reason therefor: the judge's judgment is the cause and therefore takes effect from its time. His life before that is established by the presumption of continuity of the existing state. - The presumption of continuity of the existing state serves as proof for the continuance of established rights, not for establishing unestablished rights. Example: concerning the missing person's rights during the period between his disappearance and issuance of the judgment declaring him legally dead.