أحكام الأسرة في قانون الأحوال الشخصية الكويتي : الفراق و حضانة الصغير و رؤيته أنموذجا

Abstract EN

This article aims to study the Kuwaiti project considering the family affairs through the personal status law no.

51, 1984ad and law no.

12, 2015ad.

this law also considers the peculiarity of personal status issues, and the issues related to the children of divorced spouses.

studying this law, the researcher finds it taken from the ottoman judicial magazine which applied the provisions of imam Malik's doctrine of this aspect, specifically those related to conflicts.

the idea is that if divorce issues preceded the law, then the law would be obligatorily applied according to imam Malik, but if not, then imams’ opinions should be applied.

the researcher has come up with the idea that the personal status law has two assumptions when executing the provisions of divorce of death of a spouse : the first is no execution unless an appeal has been issued or the deadline is passed without receiving it.

the second is the speedy settlement of the appeals submitted to the court that govern the provisions of divorce or death of a spouse.