Kuwait Court of Cassation principle number 975

Filiation to a deceased person. Its condition. That it form part of an action concerning a right or property against a proper adversary under Sharia. The reason therefor. Judgment against a deceased person, like judgment against an absent person, is permissible only in proceedings against a present adversary, whether an intended or constructive adversary. - Paternity or filiation after the death of the father or child. It is not sought for its own sake, but for other resulting rights, such as maintenance or inheritance, or entitlement under a waqf.