Kuwait Court of Cassation principle number 411

Adoption of the school of Imam Malik as the general law under the Kuwaiti Personal Status Law, or its non-adoption and application of particular schools. Its determining factor. The dispute relating to the personal status of these schools. The criterion for this. The relationship from which or because of which the dispute arose, the parties to that relationship, and its adherence or non-adherence to this school, as it constitutes the subject matter and object of the litigation. Example concerning custody. - Custody of a son not entitled to choose under the Ja'fari school belongs to the mother. His reaching seven or eight years or above, up to puberty. The father is more entitled to him if he is male, and his ranking precedes that of the grandmother.