Kuwait Court of Cassation principle number 1973

Establishing lineage to a deceased person may only occur within an action for a right or property against a proper adversary under Sharia, because this necessitates the issuance of a judgment against him. A judgment against a deceased person, like a judgment against an absent person, is permissible only in the presence of an adversary who is present, whether intentionally, such as an agent acting for the representative, or constructively deemed present on behalf of the deceased where what is claimed against the deceased is necessarily a cause of, or condition for, what is claimed against the person present. The reason thereof. Sonship or fatherhood after the death of the son or father is not sought for its own sake, but for the rights arising from it, which are the true subject of the litigation.