Kuwait Court of Cassation principle number 448

The law of the husband’s nationality. Recourse thereto at the time the contract is concluded regarding the effects arising from marriage and divorce or judicial divorce. Articles 39, 40 of Law 5 of 1961. No disagreement between the parties that the husband is a Saudi national. Its necessary consequence is that Saudi law must apply. - The Saudi respondent’s contention that the Hanbali school must apply in the action and his submission of a copy of a certificate issued by the Saudi Embassy, not denied by the female appellant, stating that personal status cases are governed by what is prescribed in the books of Islamic jurisprudence and that recourse in this respect is had to the Hanbali school. The challenged judgment’s conclusion that the female appellant, whose marriage was consummated, is not entitled to divorce consolation compensation upon her divorce, in application of the Hanbali school. Correct.