attorneykuwait

attorneykuwait

Adultery was born and the curse was born in Kuwaiti law.

 Adultery was born and the curse was born in Kuwaiti law.





Article (335):

The article stipulates that, taking into account the period set forth in the last paragraph of Article (330), the child of adultery is inherited, and the curse is born from the mother and her kinship, and the mother inherits them and her kinship, so that the child of adultery has proven his connection to his mother, and his connection to the one from whom the pregnancy is apparent is excluded, so the lineage is not proven And even if it is known, and it is recognized that the pregnancy is a result of fornication, because establishing lineage is a blessing and grace is not caused by a crime.

It is stipulated in the Islamic Sharia that a person who throws a woman married to adultery will be flogged eighty lashes unless he throws his wife for adultery, or denies the lineage of the child, then he is not flogged if he curses the curse stipulated in Surat al-Nur. He only has to lie himself, flogging eighty lashes, and confirming lineage, and if the lineage is denied, there is no inheritance between them, because there is no reason for inheritance.


But his lineage from his mother is fixed with certainty, so the heir is proven between them, according to the consensus of the jurists regarding the child of the curse, and the view of the majority regarding the child of adultery.





The child of fornication inherits, and the child of the curse is born of all the mother's kinship, whether they are hypotheses or those with wombs, and those with hypotheses, and those with wombs from his mother’s kinship, each in his class of inheritance, so he inherits his brother to his mother, and he inherits brothers to his mother, and so on.

All of this is taking into account what was stipulated in Article 330, which is that it is a condition for the pregnancy to inherit from other than the father that he be born alive for sixty-five and three hundred days at most from the date of death or division, etc., and that requires two things:


1- If she was pregnant with adultery or he denied the lineage of her pregnancy with a curse, then in order for him to have the right to the inheritance of the one who dies, it is a pregnancy that it is proven that he was in his mother’s womb at the time of his death, and that with his birth during the previous period. 2- If the pregnancy was born for more than the previous period, then its lineage is not proven from the divorced, or the deceased if there is a marital bed, and there is no evidence of adultery or cursing, and in this case the aggressor does not inherit from the owner of the waiting period, and its ruling is the same as the ruling of the child of adultery or cursing, then he inherits His mother and her kinship, and she and her kinship inherits, unless his lineage is proven by the legal affidavit, then he inherits his father.


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