KCC 130/2001

This case involved an application by a woman for custody of her children. A key point was which law applied to this as she was a Shiite.

Background

A woman filed a case against her previous husband before the court. She requested the court to validate her custody of her children.

The court ruled that the woman's custody of the children should be validated.

The previous husband appealed the ruling before the court of appeal. The court upheld the appealed ruling.

The previous husband appealed the ruling before the court of cassation. He said in his grounds of appeal that the appealed ruling had erred in the application of law and had insufficient evidence of causation. He said that the court applied the rules of the Law of Personal Affairs though it should have applied the rules of Jafari doctrine as the woman was a Shiite.

Decision