Kuwait Court of Cassation principle number 348

Conclusion of a valid marriage. Its condition: an offer by the wife’s guardian and acceptance by the husband or their respective substitutes. - The statutory provision being unrestricted in specifying who has guardianship authority to conclude the marriage contract of a virgin between puberty and completion of her twenty-fifth year, or a previously married woman once she reaches twenty-five. Import: there is no scope for restricting it. Construing it as specifying the guardians for marrying off a virgin between puberty and twenty-five. Incorrect. Reason: the legislature’s intention was not directed thereto. - The legislature’s intention being directed to identifying the guardian. Import: this must be expressly stipulated in a specific place in the law. Articles 8, 29, 30 of Law 51/1984 concerning Personal Status