Kuwait Court of Cassation principle number 437

Consolatory payment upon divorce according to the Hanafi school. It is obligatory for the woman who delegated her affairs to her guardian if she is divorced before consummation and before a dower has been fixed for them. For a woman who has not so delegated, the consolatory payment is recommended. - Assessment of the evidence and documents in the action and ascertainment of the provisions of foreign law applicable to the facts fall within the authority of the trial court. The condition for this. An example. - The applicable law’s absence of a provision concerning a divorced woman’s consolatory payment. The implication. Recourse must be had to the rules of the Hanafi school in this regard. - The texts of the Hanafi school concerning the consolatory payment state that it is a recommended matter between a person and his Creator and thus is not judicially awarded. The implication: the challenged judgment’s conclusion reversing the appealed judgment awarding the divorced woman a consolatory payment. Correct. An example.