Kuwait Court of Cassation principle number 439

Both parties' adherence to the Ja'fari school. Its consequence: application of its rules to them. The basis thereof. - A wife's inheritance under the Ja'fari school. Its scope: movables, ships, and animals. She does not inherit land, either in kind or in value, but inherits buildings, trees, machinery, and other things fixed upon it. An heir may compel her to take the value of what she inherits. Her acceptance thereof is obligatory. - The challenge to the judgment for dismissing the appellant's action for partition and allotment of her inherited share in the entire land and building, refusing to apply the school of Imam Malik despite her being Sunni, and contradicting itself by dismissing her action after acknowledging her right to inherit the building but not the land. Incorrect. Provided that the judgment observed the binding authority of the earlier adjudication between the same litigants, which concluded that she was entitled to inherit from her husband as an adherent of the Ja'fari school and rejected her claim to be Sunni, and applied the rules of the Ja'fari school, which empower the heir to compel her to take the value of what she inherits of the building and require her to accept.