Welcome to Scribd, the world's digital library. Read, publish, and share books and documents. See more
Download
Standard view
Full view
of .
Look up keyword
Like this
1Activity
0 of .
Results for:
No results containing your search query
P. 1
Part 4

Part 4

Ratings: (0)|Views: 2|Likes:
Published by Vinson Vaz
A detailed description of the personal status laws of Kuwait (Hawar Shakshiya) in 6 parts
A detailed description of the personal status laws of Kuwait (Hawar Shakshiya) in 6 parts

More info:

Categories:Types, Business/Law
Published by: Vinson Vaz on Oct 04, 2012
Copyright:Attribution Non-commercial

Availability:

Read on Scribd mobile: iPhone, iPad and Android.
download as PDF, TXT or read online from Scribd
See more
See less

10/04/2012

pdf

text

original

 
ARTICLE -178In case of Le'a
an
between a man and a woman,the
ju
dge sha
ll
negatethe parenthood
of
the man tothe ch
il
d andthe man shall not have to pay alimony
fO
Thim,and neither could inherit each other, and the childsha
ll
be affiliated to hismother.ARTICLE -179If the man c
onf
esses tohis dishonestly made allegations onnegating Al-nassab, the child shallbe namedafterhisfather even
if
the confession is made a
ft
erruling the negation
of
Al-nassab is made, andhe may marry the woman. ARTICLE -180Separation onthe grounds
of
le'a
an
is judged as an annulment
of
marriage.ARTICLE -181Effective from implementation thereof:Action
on
acknowledgment
of
Al-nassab for disclaiming purposes may not beheard
if
theacknowledgment is con
fi
rmed in an official,or unofficial,documentcompleted in the person's handwriting makingtheacknowledgment,and his signature,
or
if
his signature
is
attested.ARTICLE -182AI-Nassabaction shouldindicatethe grounds fortheclaim. ARTICLE -183The litigantinAl-nassabaction is the person claimingtherightstherein, or whose rights arependingthe confirmation. ARTICLE -184
a-
Discrepancy
in
parenthood or
childhood
actions
shall
be
pttrdoned;
olb wis
~
none 
will
be
pardoned, 
b-
Discrepancy may
be
lifted
by
actual
reconciliation,
or
by
believing the
litig~u\t·s
statement
by
theJudge.
or
by
rejecting
it
wlder
theruling
is
made
by
tbejudge. 
ARTICLE -185 A
jud
gment madeinAl-nassab case may be usedonly undersubstantiatedevidence only w
it
hregardtoalllitigantsinvolved therein.
 
r 
ARTICLE -186
The mother should lactate her baby
if
she
is
the only feeding source for him
ARTICLE -187
Nursing, or lactation, fees are due as from the beginning
of
nursing and can not beforfeited except by being perform or discharged.
ARTICLE -188
a-
The
mo
ther is
not
entitled
to
a nursing
tee
under
an
e~isti~
m
al
i3ge~
orduri
ng
the 
baby's
fat
her ida'a
when
she
is
entitled
to an
alimony. 
b-A
nUl'S
in
g
fee is
payable
fur
the
maximum
period
uftwo
yoors
M
from
t
h~
da
te
of
birth. 
(C
d
ARTICLE -189
a-
The right forcustody
is
ordained
in
this
order~
th
mo
th
er,
hf!f
Un~l
mother
~
h~r
maternal
aun
t~
her mother's
material
at
nt,
het'
mothet"
s
pa
tern
al
a
unt~
th~
paternal grandmother,
th
e
father,
the
sister,
he
paternal
aunt
the
father'
.'
patemt\13unt~
th~
father's matern
al
aunt, the
rother's daughter
nnd tinaUy
the sister's daughter,
wi
th
precedence to
be
given to the brother,
the
mother
and
the father in
all
.b-
If
thereis
no
one
of
above
to
take
custody,
the right
tor
eu
lody
goes
to
the elected
guardian,the
agnate
grandfather, the uterine
gnmdfather
 
the brother'
son~
thepaternaluncle, and finally his
'00
,
giving precedence to the brother)
th
mother andthe
father
~
if
possible.c-
If
those entitled
to custody are all
of
the same
d e g ~
ofpreced
enee~
thej
udge
ma
y
select
mo
st compeknt
amongthem
to
the
care
of
the child
con
cerned
.
ARTrCLE-190
8-
The
persOl\
entitled
to
custody should
be
oftegal
n ~
of
mental
eom~tence~
trustworthy
an
d capable
of
raising the child
<;
.oocemoo
and
caring
for
hi
\'\
and for his physical
and
mental
welfu
,
b-The person
ntitled
to
custody
should
be
a
mahnram
of
forbidd
en
relatio
ns)
tot
he
 
temale
and
has
a
woman in
his
fumily
capable
of
attendifl-&
~
the child,
ARTICLE
-1
91
fth
womanhaving
'.,
stody
of
tn~
child
get.
m·
rried
to
man
who
L'
fi
mahrnm
to
the child,
and
has consunllnated
h~r
ll1arriage~
'he loses
her
tustody.
b-
Withholding
illfom'l8tton
by
a
person
NhQ
is
entitled
to
custody
fur
one
}'~r
..
without
anexcust!
of
his
knowledge
on
the
cQnsu.mmati
n
of
such
m.ming~
shnll
forfeit
his
right
in
the custody'
claiming ignorance
oftlli '
provision
shall
not
be
accepted
as
an
excuse.
ARTICLE -192A non-Moslem woman is entitled
to
the custody
of
a Moslemchild,until he enjoys mental discretionof re
li
gions,or is feared
to
get accustomed tonon-Islamicfaiths, even
if
hedoes not understandaboutreligions, yet. Inall cases, the c
hi1
d concerned should not be kept in her custody uponreaching seven years old.
AR
TICLE -193The light for custody can not be forfeited, but may be withheldfor certain existing limitations and may be resumed upon their removal. ARTICLE -194 Custodytakenbywomenends upon reaching puberty forboys,marriage
of
the girl andtheconsummation
of
her marriage.ARTICLE -195
a-
AI-Ha'dena
(the
temale
person holding custody
of
a
...
hild)
m
'i
n
t
trnvel
with
the
child
to
live
in
another
cO
try
without permission
from
his
waH
or
wnsi
(guardianor 'ponsor).b-
At-
Wali,
in
any
capacity
hemay
be
as
futher,
Qf
nny
oth~r~
may
l\o
t
trnv~l
with the
child
to
livein
aI\Qther"
rea
du
'ng
the
duratiot'l
Qfthe
custody
witho
ut
the permission
of
AI·ha'demt.
AR
TICLE-196
a-Visitationrightsare exclusive
to
the
parents
and
th(!
grandparents.
b-
Al-Hadena can not preven
nny
of
th
a.bove
mentioned
from
'eeina
the child
ill.
custody, 
c
..
In ecase
ofp
vention,
and the unwillingness to go tothe olb r party's d
micil~
to see the
child~
the
judge
S
lal set a
periodical
date and a
convt:nient
pl
a
oe
for
therest
of
his
milyto
be
able
to
see
the child, 
ARTICLE -197
AI
-Hadena mayreceive the child's alimony includinghislodgingfees.

You're Reading a Free Preview

Download
scribd
/*********** DO NOT ALTER ANYTHING BELOW THIS LINE ! ************/ var s_code=s.t();if(s_code)document.write(s_code)//-->