Marriage in the Jaafari Court in Kuwait
This article explains the rules and procedures for marriage before the Jaafari Court in Kuwait, including the pillars of the marriage contract, grounds prohibiting marriage, spousal maintenance, cases of marital disobedience, required documents, authentication conditions, and how to obtain an electronic marriage certificate.
How is marriage in the Jaafari Court in Kuwait concluded? What are its conditions and procedures, and how is it authenticated?
The details of these answers, along with much other information, are presented by a leading lawyer specializing in personal status matters at one of the strongest law offices in Kuwait, Inaqqad Law Firm and Legal Consultations.
Marriage in the Jaafari Court in Kuwait
Kuwaiti law grants all Muslims in the state who follow the Shiite school the freedom to refer their various personal status matters, including marriage, divorce, custody, inheritance, and others, to the Jaafari courts.
This is pursuant to Law No. 124 of 2019 concerning Jaafari Personal Status, which regulated marriage in precise detail and addressed all of its aspects in a way that leaves no ambiguity or confusion.
Marriage before the Jaafari courts begins with the engagement, meaning the marriage proposal made by the man to the woman, and this requires the following two conditions:
That the man and the woman, or whoever represents them, possess legal capacity.
That no impediment to marriage exists on the woman’s side, such as a waiting period or similar barrier.
The pillars of marriage in the Jaafari courts
The Jaafari Personal Status Law identifies the pillars of marriage as follows:
First pillar: the contract formula
The marriage contract in the Jaafari courts is formed through offer and acceptance expressed verbally in a way that reflects the full will of both contracting parties.
If one of the parties is mute, then an understandable sign indicating consent to the marriage is sufficient.
Second pillar: the contracting parties (the spouses)
The contracting parties must satisfy three requirements:
Reaching legal maturity.
Sound mind and legal capacity.
Absence of coercion into marriage. It should be noted here that Article 25 of the law states: "If a marriage contract is concluded under coercion and is later followed by consent and ratification, it is valid."
Third pillar: the dowry
This is the dower to which the woman is entitled under the marriage contract, and it must meet the following conditions:
It must be something that can lawfully be owned.
It must belong to the husband or to the person providing it.
It must be identified in general terms by description, number, amount, or nature in a way that leaves no ambiguity.
Prohibited marriage
Article 71 of the Jaafari Personal Status Law limits the reasons prohibiting a man from marrying a woman to the following matters:
Blood relationship.
Breastfeeding kinship.
Affinity by marriage.
Exceeding the permissible number of wives.
Difference of religion amounting to unbelief.
Being in the waiting period.
Spousal maintenance
The wife becomes entitled to maintenance from her husband after the period separating the marriage contract from the wedding, and this is an established right even if she is financially self-sufficient. She is also not obliged to provide anything related to the requirements of the marital home.
Maintenance includes everything the wife needs, such as food, housing, clothing, service, and other customary needs.
The husband may provide the wife’s maintenance by purchasing food items directly or by paying her their value on a daily or monthly basis, and the same applies to clothing and similar needs.
If the husband proves insolvency, the wife’s maintenance becomes a debt owed by him that does not lapse until his insolvency turns into solvency and he pays the accumulated maintenance due to his wife.
The wife may resort to the judge if the husband refuses maintenance despite having sufficient financial means. In that case, the judge gives him the choice between maintenance and divorce.
If he refuses both options, the judge may, at the wife’s request, issue an irrevocable divorce in accordance with the Jaafari school.
Wife’s disobedience
A woman loses her right to maintenance in the event of marital disobedience, which occurs when she rebels against the husband by preventing him from exercising his lawful rights, leaving the home without his consent, or engaging in conduct that makes him averse to her.
The Jaafari Personal Status Law specifies cases in which the wife is not regarded as disobedient, including if she:
Refuses cooking, washing, ironing, or similar tasks.
Refuses to move to the marital home when her husband is not trustworthy toward her.
Refuses to obey her husband in a matter prohibited by Islamic law.
Refuses additional veiling, such as wearing an abaya or anything beyond the required lawful modest covering.
Refuses her husband’s request to leave her job when she was employed at the time of the marriage contract and he was aware of that.
Husband’s disobedience
Just as the law defines cases in which the woman is considered disobedient, it also defines the husband’s disobedience in the following situations:
If he refuses to spend on his wife and deprives her of her lawful rights.
If he mistreats, harms, or beats her.
Marriage procedures in the Jaafari Court in Kuwait
These are the marriage procedures followed by adherents of the Shiite school in the State of Kuwait before the Jaafari family courts, pursuant to the provisions of the Jaafari Personal Status Law that regulate the issue of marriage in its entirety.
These procedures do not differ greatly from those followed in the Sunni courts in Kuwait, and they generally proceed as follows:
The presence of the husband, the wife, her guardian, and two witnesses.
Civil ID or nationality certificate for Kuwaitis.
Civil ID or passport for residents.
Proof of identity and a letter from the Executive Committee for residents unlawfully present in Kuwait.
An inheritance inventory if the wife is a widow.
A social insurance certificate for the husband if he is a student, a trader, or unemployed.
An inheritance inventory if the guardian is deceased.
A divorce certificate if the wife is divorced.
A special power of attorney.
A marriage permit if the husband is a military serviceman.
It should be noted that these procedures also apply to the marriage of a Kuwaiti man to a foreign woman.
Conditions for marriage procedures in the Jaafari Court
The marriage contract must be concluded through offer and acceptance using the wording of marriage or nikah, in the past tense for the purpose of formation, in Arabic, and with continuity and connection between the two statements.
The legal capacity of the contracting parties must remain valid until the authentication of the marriage between them is completed.
The marriage contract must be authenticated in the presence of two adult, sane, Muslim male witnesses.
Representation by proxy in marriage is permitted by the husband, the wife, or both parties, provided that the agent does not exceed the powers granted under the power of attorney, whether through a general power of attorney in Kuwait or a special power of attorney.
The marriage contract must be free from any condition that contradicts the teachings of the Holy Qur’an and the provisions of the noble Prophetic Sunnah, or that permits what is forbidden or forbids what is lawful.
Without these conditions, the marriage contract cannot be authenticated before the Jaafari courts in Kuwait.
How to obtain the electronic marriage contract
In an effort by the Kuwaiti Ministry of Justice to facilitate the authentication of marriage contracts, it has made available an appointment-booking service to obtain the marriage document electronically through its official website.
This service can be obtained by following these steps:
Enter the official website of the Kuwaiti Ministry of Justice.
Select the appointment booking system.
Log in.
Select the Ministry of Justice.
Select the required service.
Select the appropriate date.
Submit the request.
Authentication of the marriage contract is necessary because it:
Preserves the rights of both spouses.
Records the marriage contract before the family court.
Ensures the marriage is concluded in a lawful and legal manner.
FAQ
This brings us to the end of our article on marriage in the Jaafari Court in Kuwait, in which we discussed its procedures, conditions, and method of authentication.
Contacting Inaqqad Law Firm and Legal Consultations guarantees that you will receive reliable assistance from a Kuwaiti lawyer who specializes in various personal status matters.
You may also review the personal status law in Kuwait, and more specifically Kuwaiti law relating specifically to marriage.
