Kuwait Court of Cassation principle number 6

Facts and legal positions predating the entry into force of the law. Its retroactive application to them. Its condition. - The new law. It must be published in the Official Gazette within two weeks of its issuance and takes effect one month after publication unless otherwise provided. - The deceased’s death before the provisions of Law 5/1971 concerning the obligatory bequest came into force. Its effect. Its non-application. This is not overcome by the appellant’s insistence that he followed the school of Imam Malik before its issuance and that the obligatory bequest existed in that school. The reason for this: this Law establishes a rule contrary to all the well-known schools of jurisprudence, including the Maliki school, namely that the bequest is obligatory by operation of law, whether or not the deceased wished it.