Kuwait Court of Cassation principle number 2670

Non-hearing of an action owing to lapse of time under the Majalla of Judicial Provisions. Applies to actions concerning ownership, real property, and inheritance just as it applies to debt actions. Sharia-recognized excuses, such as loss or impairment of capacity and circumstances making it difficult for the right-holder to assert his right judicially. Constitute an impediment to the running of the statutory period for the non-hearing of an action owing to lapse of time. Lesser excuses that do not reach that degree of hardship. May not be regarded as an excuse preventing the running of the limitation period. - The principle is that a person's right is not extinguished by limitation, however old it may be. Its implication. Islamic Sharia does not recognize limitation of Sharia rights. Restricting judicial authority by time, place, persons, or a type of action. Is permissible under Sharia for the ruler. The non-hearing of an action owing to lapse of time prescribed in the Majalla of Judicial Provisions is based merely on prohibiting the judge from hearing it, while the right remains with its holder without being extinguished by limitation. - An inheritance action brought by an heir for a declaration of his right to inherit in relation to the estate as a whole. Becomes time-barred upon the expiry of thirty-three years from the date of the deceased's death. An action concerning ownership of property devolving by inheritance becomes time-barred after fifteen years. A judgment must be based on reasons that support it and suffice to sustain it. A judgment based on reasons through which inconsistency affects its foundations so that its ruling cannot hold together has defective reasoning. An example concerning acceptance of a plea of non-hearing owing to lapse of time in an action for declaration of an inheritance right. Waiver of the right to limitation: