Kuwait Court of Cassation principle number 2010

Filiation to a deceased person. It is established only within an action concerning a right or property against a proper adversary under Sharia. The rationale: establishing filiation to a deceased person requires a judgment against him, which is permissible only in the presence of an adversary, whether an adversary by designation, such as the agent of an absent person, or an adversary by legal construction, namely one deemed present on behalf of the deceased. The necessary consequence. Inadmissibility of the action in relation to the deceased except within an action concerning a right or property if the defendant father or son is deceased. - 366 - Civil Procedure