Kuwait Court of Cassation principle number 498

The objection to the judgment for dismissing the appellant's action for partition and allotment of her inheritance share in the entire land and building, refusing to apply the school of Imam Malik although she is Sunni, and being contradictory in that, after acknowledging her right to inherit in the building but not the land, it dismissed her action. Incorrect, so long as the judgment respected the binding authority of the prior adjudication between the same parties, which concluded that she was entitled to inherit from her husband as a follower of the Ja'fari school and rejected her claim that she was Sunni, and applied the rules of the Ja'fari school, which entitle the heir to compel her to accept the value of what she inherits of the building and require her to accept.