According to Article (169) of the code: “The child of every wife in a valid marriage shall take its name from her husband subject to the following conditions:1-The minimum duration of pregnancy. 2- evidence that a spouse is able to be with his/her spouse freely without obstacles, duration of the pregnancy is required from the date of the marriage. If one of these conditions is denied, the parentage shall be established only by the husband's confirmation.
linguistically the word "proofing" means: establishing an evidence-based argument, however "proofing" for Islamic religious scholars means providing all evidence before the court by following the provisions of Islamic sharia which regulates each matter. The personal Status Act of Kuwait has selected the following Islamic rules to proof paternity:
- Proof of paternity through acknowledgment and witness testimony which is recognized as a means to verify paternity ties. According to the article (173) of the personal status act of Kuwait it may be possible to establish legal paternity even if the child's father is dying.
- Paternity regulations have strong connections with marriage and the definition of a licit sexual relationship, the well-known Islamic rule which has established that link “the child should be attached to the (rightful owner of the) bed.”
- One of the most important types of circumstantial evidence was physiognomy (qiyāfah). According to the Kuwaiti legal system, DNA tests can be used as circumstantial evidence.
Linguistically the word "disproofing" means: being expelled or driven or forced out or away, however "disproofing" for Islamic religious scholars means removing the right to parenthood. The personal Status Act of Kuwait has selected the following Islamic rules to proof paternity:
- Sworn allegation of adultery committed by one's spouse.
- Disorder of pregnancy period.
- infertility or inability of spouses to meet each other
- Disinheritance
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Undo the Guardianship
In conclusion of this article presented on the Integrated Legal Group (ILG) website, we touched upon the provisions of the Islamic sharia and the personal status act of Kuwait regarding the grooving of paternity and disproving of paternity, we also discussed the rights resulting from proving the paternity and the rights resulting from disproving the paternity. Eventually, it becomes clear the necessity of hiring an expert lawyer in a paternity lawsuit or hiring a family law firm to represent the affected persons before the Personal Status Court.
