Kuwait Court of Cassation principle number 465

The law of the husband's nationality at the time the marriage was contracted. Recourse thereto regarding the effects arising from marriage, such as the permissibility of marital relations, obedience, dower, maintenance and the waiting period following death. Art. 39/1, Law 5 of 1961. - The law of the father's nationality. Its application to guardianship of the person and custody. Art. 43 of the aforementioned Law. Both parties to the action being Saudi. Its effect: Saudi law is applicable. - Foreign law is merely a material fact which the party asserting it must prove before the court of merits. It suffices for the party relying on it to submit the substantive conflict-of-laws rules it adopts. It need not be in the form of codified provisions. The foreign law's referral to a specified religious law, school or particular system. Its import. Recourse to the applicable legal or Sharia rules and their acquisition of the force of legal provisions enacted by the competent authority. Example: of a violation and error in applying the law, as the challenged judgment applied the Kuwaiti Personal Status Law to the facts of the dispute although the husband was a Saudi national and the Hanbali school was applicable.