In the Name of Allah, the Beneficent, the Merciful

Memorandum
Regarding required legal procedures
and genealogy claims after issuance
of Amiri Decree of 23/5/2017
Concerning Al-Sabah Family Tree
Preface:
1. On 23/5/2017, Amir of Kuwait Sheikh Sabah Al-Ahmad Al-
Jaber Al-Sabah issued an Amiri decree concerning Al-Sabah
Family Tree. Its first article stipulates that “Al-Sabah Family Tree
constructed by Sheikh Nayef Ahmad Abdullah Al-Malik Al-
Sabah shall be considered the official family tree showing
the genealogy of the Ruling Family; it shall be an official
family tree and a reference point for genealogy of the Ruling
Family”.

The Amiri decree stipulates in its second article: “the

Administration of Ruling Family Affairs within the Amiri
Court (Diwan) shall be in charge of dealing with this family
tree, updating its contents periodically, printing it, and re-
issuing it every ten years”.

The Amiri decree also states in its preamble: “whereas it is

intended to document Al-Sabah Family Tree to strengthen
ties between all descendants of the Ruling Family; whereas
Sheikh Nayef Ahmad Abdullah Al-Malik Al-Sabah has made
great efforts in researching the genealogy of the family and
his work has been checked by the late Sheikh Abdullah Al-
Jaber Al-Abdallah Al-Sabah; and in accordance with decision
no. 4/2017 by Al-Sabah Family Council dated 17/5/2017
regarding genealogy of Al-Sabah Family……We have issued
the following decree….”.

2. This decree has come into force on the date of its issue i.e.
23/5/2017 in accordance with Article three.
3. As this memorandum has to deal necessarily with
governmental institutions of the State, from the Amir through to
the three powers, legislative, executive and judicial, in order to
show extent of the constitutionality and legality of issuance of an
Amiri decree regarding the genealogical order of the Ruling
Family, its objective is to define the role of the Ruling Family
as defined in the Constitution and the Amirate’s Hereditary
Law. Article (4) of the Constitution defines the “Legality of the
Ruling Family” by stating that Kuwait is a hereditary Amirate, the
succession to which shall be in the descendants of the late
Mubarak Al-Sabah. Article (4/5) stipulates: “all regulations
pertaining to succession in the Amirate shall be governed by a
special Ordinance which shall be adopted within a year of this
Constitution coming into force. All provisions governing the
succession to the Amirate shall be set out in a special
Ordinance to be promulgated within one year from the
coming into force of the Constitution. This special Ordinance
shall have force of constitutional law and may not therefore
be amended save in the manner prescribed for the
amendment of the Constitution itself. Subject to this Article,
Ordinance no. 4/1964 was promulgated.
4. Included in this Preface is a study of the legal and
constitutional status of the Ruling Family and to what extent it
might be considered a governmental institution of the State in
order to define the legal character of the Amiri decree adopting
the Al-Sabah family tree as an official tree of the genealogy of the
Ruling Family.
5. There is no doubt that the Ruling Family has a distinguished
and important status deriving from the Amirate’s Hereditary Law
no. 4/1964. Succession involved all descendants of Al-Sabah
Family from 1756 to 1896 AD. But from 1896 AD till now,
succession has been limited to the descendants of Sheikh
Mubarak Al-Sabah and was enshrined in the Kuwaiti Constitution
adopted in 1962.
6. Despite this distinguished and important status, Kuwaiti
Constitution does not include any provisions which confer
upon the Ruling Family the status of a governmental
institution or department. All that the Amirate’s Hereditary
Law no. 4/1964 states about the Ruling Family is that it is
deemed the only source for providing the Amirate with
appointees to head and rule the State through two
fundamental positions i.e. the Amir and Crown Prince (Heir
Presumptive). In accordance with the explanatory memorandum
of the Constitution, there are no further or wider provisions
dealing with the general vision for Kuwait’s system of government
and formation of a cabinet including ministers from outside the
National Assembly.
7. The aforementioned makes it clear that the Ruling Family is
neither an institution nor department of government. Its members,
therefore, do not enjoy constitutional immunity save for the Amir
whose person is safeguarded and inviolable in accordance with
Article (54) of the Constitution. This reaffirms that Kuwait’s
Constitution provides for selection of Kuwait’s future rulers
(succession to throne) in a joint operation between the Amir
unilaterally – through his nomination of Crown Prince – and the
National Assembly through swearing fealty to the chosen Crown
Prince (Heir Presumptive) subject to Article (4) of the Constitution.
8. As for the Amir’s duties discharged by the Amir unilaterally
through Amiri decrees subject to provisions of the Constitution,
there are two types of decrees: First: Amiri decrees relating to
his person or the Ruling Family including issuance of an “Amiri
decree” appointing one or more agents to conduct litigation on his
behalf and receive legal documents addressed to him in
accordance with Article (5) of the Amirate’s Hereditary law 4/1964
on the basis that his person is immune and inviolable, and also
issuance of an “Amiri decree” specifying terms for shares for
members of the Ruling Family from the allowance for the Head of
State in accordance with Article (78) of the Constitution. Second:
Amiri decrees related to governance as provided for in the
explanatory memorandum of the Constitution: “the principle of
the exercise by the Amir of his constitutional powers through
his ministers requires replacement of Amiri decrees by
edicts. There are, however, three exceptions: First: selection
of Crown Prince subject to the National Assembly swearing
fealty to him (Article 4 of the Constitution), Second:
appointment of the Prime Minister or relieving him of his post
(Article 56 of the Constitution), and Third which is closely
related to an Amiri decree: appointment of a Deputy to
exercise all or some of the Amir’s constitutional powers
temporarily when he absents himself from the Amirate and it
is impossible for the Crown Prince (Heir Apparent) to assume
his functions (Article 61 of the Constitution). Save for these
three exceptions, the edict shall be the constitutional
instrument for exercising Amiri powers conferred by the
Constitution”.
9. Save for the powers exercised by the Amir unilaterally
through Amiri decrees as mentioned above, the Amir rules
through his ministers according to Article (55) of the
Constitution through “edicts” which he cosigns with the
Prime Minister and the relevant Minister mainly related to law
enforcement (Article 72), conclusion of treaties (Article 70),
granting of pardon or attenuation of punishment (Article 75),
appointment of civil and military personnel (Article 74),
proclamation of martial law (Article 69), and other edicts.
10. Based on the above, the Amiri decree deeming Al-
Sabah Family Tree an “official tree” and a reference point for the
genealogy of the Ruling Family goes beyond legal instruments
restricted to specific matters within the constitutional
system. Therefore, issuance of an Amiri decree with the aim of
organising “private interests” of Al-Sabah Family by adopting a
genealogy agreed by members of the Family itself goes beyond
legal instruments. This is a matter which falls outside the limits
and framework of the Constitution regardless of the motive behind
it. (refer to paper by Dr. Mohammad Abdul Mohsen Al-
Moquati’ under the title “Constitutional and Legal Aspects of
Amiri Decree Establishing the National Council” published in
the School of Law Journal, edition 3 year 17 page 195, paper
by Dr. Mohammad Abdul Mohsen Al-Moquati’ under the title
“Constitutional Perspective for Kuwait’s Ruling Family”
published in the School of Law Journal, appendix to edition 3
year 36 September 2012, publication by Dr. Adel Tabtabai’
“Constitutional System – A Comparative Study” 1985 edition,
pages 538 to 631, publication by Dr. Abdul Fattah Hassan
“Principles of Constitutional System in Kuwait” 1968 edition
pages 170 to 178, and also publication by Dr. Othman Abdul
Malek Al-Saleh “Constitutional System and Political
Institutions in Kuwait” 1989 edition pages 354 to 360).
11. Further to this outline of provisions for the Head of
State, the Amiri decree issued on 23/5/2017 deeming Al-Sabah
Family Tree an “official tree” was issued without participation by
anybody and without proposal by anybody and is signed solely by
the Amir which raises questions about its constitutionality
particularly that the President of the Supreme Judicial Council,
Counsellor Yusuf Jasem Al- Matawa’, circulated the decree to all
judicial departments and authorities to serve as a reference point
for the genealogy of the Ruling Family with effect from 23/5/2017
i.e. date of its issuance. This may restrict the powers of courts
hearing genealogy claims between members of the Ruling Family
or claims by others against agencies mandated by the Amiri
decree to supervise implementation of the Family Tree.
12. Based on the above regarding circulation by President
of the Supreme Judicial Council instructions that the Amiri decree
issued on 23/5/2017 is to be considered by judicial authorities as
a reference point for the genealogy of the Family Tree in all
claims as previously mentioned, the Amiri decree breaches
provisions of Article (163) of the Constitution which states “No
Authority may wield any dominion over a Judge in his
rendering of justice and in no circumstance shall
interference be permissible in its performance…”. It also
breaches provisions of Article (166) of the Constitution that states:
“The right to litigation is guaranteed to all. The Law shall
determine the procedure and the conditions necessary for
the exercise of that right” after it has been shown that decrees
issued by the Amir outside his constitutional powers – as
exclusively specified by the Constitution – are legally invalid. The
administrative judiciary may deem such decrees illegal while the
constitutional judiciary may deem them unconstitutional.
13. Over and above, implementation of the genealogy of
members of Al-Sabah Family as shown on the Tree approved by
Amiri decree dated 23/5/2017 is in serious violation of all
provisions of Personal Status law 51/1984 pertaining to
genealogical claims and Law 11/2010 pertaining to the
administration of genealogical claims and correction of names in
the event that the agencies in charge of supervising use of this
Tree stick to it in any dispute related to proving or denying
lineage.
14. In light of the above, there are questions about
determining responsibility and judging claims and disputes
brought to court regarding any action by government agencies
due to the Amiri decree adopting Al-Sabah Family Tree as a
reference point for the genealogy of the Ruling Family. This is the
subject of the following chapter.

“First Chapter”
Determination of the Legal Basis for Responsibility for
Errors in Constructing Al- Sabah Family Tree
and Detailing Actions to be taken
in Relation to Errors, Damages and Claims for
Compensation Arising from Exclusion of
Some Members of Al-Sabah Family
From the Family Tree
15. It has already been stated that the Amiri decree dated
23/5/2017 was issued by the Amir Sheikh Sabah Al-Ahmad Al-
Jaber Al-Sabah approving Al-Sabah Family Tree without
participation by anybody and without proposal by anybody as is
the case generally with Amiri decrees. It was signed solely by the
Amir who mandated the Administration of Ruling Family Affairs
within the Amiri Court (Diwan) to deal with this Tree, update its
content periodically and re-issue it every ten years.
16. As stated above, the aforementioned Amiri decree is not
relevant to governance of the State but to private interests of Al-
Sabah Family.
17. It has also been stated that it is not permissible to mix, on
the one hand, between the Amir’s rank, position, authority and
powers conferred upon him by the Constitution and the link
thereof with the Amirate under the Amirate’s Hereditary Law
4/1964, and on the other hand, the roles of members of the Ruling
Family regardless of their positions or activities in private or public
life. Al-Sabah Family is neither an institution nor a
department of government deemed a juridical person. All that
is provided for in the Constitution and the Amirate’s Hereditary
Law does not go beyond the role of any family in terms of sitting
together to discuss matters of interest to the family itself, and
affairs of succession to provide the State with a “Crown Prince”.
18. All of that notwithstanding, any agreement by the
Family on nominating or selecting a “Crown Prince” has no
legal or constitutional effect which enables the Family to play
any official role in the system of government of the State or
any of its various institutions. Any agreement by the Family
on nominating a “Crown Prince” is not legally binding.
Agreement by the Family on nomination of the Crown Prince and
the approval thereof by the Amir is just a preliminary action
pending the National Assembly swearing fealty to the Crown
Prince. This nomination by the Family and approval by the Amir is
not final and will not be final until the majority of the National
Assembly approves it. The Kuwaiti Constitution confirmed this
process in Article (4) which states: “the appointment of the
Crown Prince shall follow an Amiri decree recommending
him and the swearing of fealty to him by a majority of
members of the National Assembly sitting in a special
session. In the event that the appointment does not proceed
as indicated above, the Amir shall nominate at least three of
the descendants of the late Sheikh Mubarak Al-Sabah and
the Assembly shall swear fealty to one of them as Crown
Prince (Heir Apparent). This indicates that the National
Assembly is not bound legally by any agreement by Al-Sabah
Family on nomination of a Crown Prince despite agreement by
the Family on the only item provided for in the Amirate’s
Hereditary Law. The National Assembly may not be bound by
the Amir’s recommendation of the Family’s nominee for
Crown Prince. This confirms that Al-Sabah Family is not one of
the institutions of government and its role is restricted only
to providing the State with a Crown Prince.
19. Further to the above, any claim contesting the Amiri decree
adopting Al-Sabah Family Tree and deeming it the reference point
for the genealogy of the Ruling Family shall not be made against
the Government in view of the fact that such claims are not
against the Government’s discharge of its duties since no
administrative department has committed, up to the date of
preparing this memorandum, any error breaching rights of others
by taking any action related to the genealogy of the Ruling Family
in administrative or conventional courts. The reason is that the
Amiri decree in itself does not involve affairs of the State or
administrative functions. Furthermore, the Amiri decree was not
issued at the request of a public department and the
implementation of the Amiri decree has not been ordered in
relation to any action required by the Council of Ministers which
would burden the Government with a civil liability. Neither has
such implementation arisen from any error by any governmental
department or material actions arising from errors by State
personnel or leaders.
20. Therefore, any dispute which may arise about a claim
denying lineage of Al-Sabah Family contrary to the genealogy
shown in Al-Sabah Family Tree shall be a matter for
administrative, conventional or personal status courts depending
upon the nature of such dispute.
21. It can be shown, by studying the genealogy of Al-Sabah
Family as expressed in Al-Sabah Family Tree, that Sheikh Nayef
Ahmad Abdullah Al-Malek Al-Sabah who constructed this Tree
had deliberately excluded the late Sheikh Duaij Al-Salman Al-
Sabah and dropped him from the genealogy of Al-Sabah Family
as shown in Al-Sabah Family Tree adopted by the Amir through
Amiri decree dated 23/5/2017. Despite the fact that no executive
action has been taken on the basis of the aforementioned decree
against any of his family members, whether sons or grandsons,
which would compromise their rights and lineage of Al-Sabah
Family derived from the lineage of late Sheikh Duaij Al-Salman Al-
Sabah and supported by official documents such as certificates of
citizenship, civil identity cards and passports issued to them upon
acknowledgements by Kuwaiti Rulers and members of Al-Sabah
Family, the descendants of the late Sheikh Duaij Al-Salman Al-
Sabah are entitled to contest the genealogy of Al-Sabah Family
Tree and its adoption by an Amiri decree. They may hold liable
any governmental department mandated by the Amir to
administer this Tree in the event that lineage has been denied for
reasons covered in the next chapter.

“Second Chapter”
Proof of error by Sheikh Nayef Ahmad Abdullah Al-Malek Al-
Sabah
for his deliberate dropping and exclusion of the late
Sheikh Duaij Al-Salman Al-Sabah from the
Genealogy of the Ruling Family which Requires Accountability
from
the Amir and Departments mandated to administer
Al-Sabah Family Tree

22. Nobody has said that Sheikh Nayef Ahmad Abdullah Al-
Malek Al-Sabah is knowledgeable of and qualified in Kuwaiti
history. Nobody has said that the aforementioned person is
sufficiently qualified to write about or research past or even
contemporary history to qualify for constructing the Family Tree
dated 1/1/1978. He has had no previous experience of writing
about, probing or examining any event of past or contemporary
history.
23. What is astonishing is that he did not quote in his study any
officially approved historic references by reliable historians who
related historic facts about Al-Sabah Family and the
administration of the country in past history such as the following
historians:
a) Captain Arnold Burrowes Kemball, British Resident in
the Arabian Gulf, Bushehr, who prepared a Tree for the
Ruling Family in 1854 AD and submitted it to the India
Government on 1/7/1854 AD.
b) Colonel S. G. Knox, first British political agent in
Kuwait between 1904 and 1909 AD, who prepared a
tree of the genealogy of Al-Sabah Family on 15/4/1908
AD with the assistance of the founder of modern
Kuwait and seventh ruler the late Sheikh Mubarak Al-
Sabah as included in British documents pertaining to
Kuwait during the rule of Sheikh Mubarak Al-Sabah.
Knox’s Tree, Kemball’s Tree referred to in (a) above and
others show that the lineage goes down to the late Sheikh
Duaij Al-Salman Al-Sabah, his brother Sheikh Fadel Al-
Salman Al-Sabah and Sheikh Sabah Al-Duaij Al-Sabah
nicknamed (Al Souk Sabah). Knox’s Tree shows that
lineage goes up to first ancestors beginning with Sheikh
Sabah Bin Duaij Bin Salem and ending with ancestor
Mubarak Bin Sabah the first Ruler of Kuwait from 1756
to 1763 AD.
c) Researcher “Lorimer” produced “Guide to the Gulf”
which was published in four volumes in Calcutta, India
after his death in 1915 AD. It was deemed a confidential
document which was not made public until 1965 AD. The
 original English edition was republished in 1970 AD. The
State of Qatar then had it translated into Arabic and
published in fourteen volumes including a geography
section and a history section.
d) Among Arabic publications: the book “History of Kuwait”
by Abdul Aziz Al-Rasheed, 1926 AD edition.
e) Dr. Badrudeen Abbas Al-Khousousi published an
extremely valuable documented study under the title “Al-
Jahra’ Battle”, “That Al-Salasel Publications”, Kuwait.
Among the commanders of this battle that had an impact
on the local situation in the Arab Peninsula was the late
Sheikh Duaij Al-Salman Al-Sabah.
f) Dr Jamal Zakaria Kassem, professor of contemporary
history. Faculty of Arts, Ain Shams University, Cairo,
produced a study under the title “A Selection of Kuwaiti
and Arabian Gulf Documents” in the British archives,
Kuwait, 1972 where he went through geographic and
historic documents provided by Lorimer since 1908 AD
and prepared for publication in early 2015. Dr Jamal
Zakaria referred to Al-Sabah Family Tree prepared by
Lorimer among other family trees for ruling families of the
Gulf emirates and central Arabian Peninsula that were
included in appendices to the historic section of the Guide.
g) British researcher Alan Rush produced a study of the
Kuwaiti Ruling Family, 1991 edition, where he duplicated
Al-Sabah Family Tree constructed on 1/7/1854 AD by
Captain Kemball, British Resident in the Arabian Gulf.
24. Without further elaboration of historic publications, there
are other authors specialising in studies related to the history of
Kuwait and Al-Sabah Family Trees based upon Knox’s report
authored on 15/4/1908 and considered the fundamental
historic document pertaining to the lineage progression for
Al- Sabah Family because it was prepared under supervision
by and with the assistance of the Founder of modern Kuwait
the late Sheikh Mubarak Al-Sabah i.e. 109 years ago.
Thereafter, a series of reports about Al-Sabah Family Tree
were prepared on the basis of Knox’s report until 1980 when
an Al-Sabah Family tree was constructed and submitted to
the late Sheikh Sa’ad Al-Abdullah Al-Salem Al-Sabah based
upon the Tree approved by the British Political Agent on
15/4/1908 during the rule of the late Sheikh Mubarak Al-Sabah.
25. What is the position of Sheikh Nayef Ahmad Abdullah Al-
Malek Al-Sabah among those? Where are his publications?
Where are his investigations of Kuwait’s past and modern
history????
26. What confirms Sheikh Nayef Ahmad Abdullah Al-Malek Al-
Sabah’s ignorance of Kuwait’s past and modern history and his
deliberate dropping and exclusion of the late Sheikh Duaij Al-
Salman Al-Sabah from Al-Sabah Family Tree – due to his
scholarly dishonesty and deception in constructing the Tree
– is the choice by the late Amir Sheikh Sabah Al-Salem Al-Sabah
of a son of the late Sheikh Duaij Al-Salman Al-Sabah i.e. Sheikh
Salman Duaij Al-Sabah as Minister of State for Legal and
Administrative Affairs within the cabinet formed by Amiri decree
dated 6/9/1976 and published in the official gazette “Kuwait Al-
Yom”, edition 1099, year 22 issued on 12/9/1976 following the
dissolution of the National Assembly by an Amiri decree dated
29/8/1976 for revision of the Constitution. The name of Sheikh
Salman Al-Duaij Al-Sabah was listed among other Sheikhs of
Al-Sabah Family. It was listed after the late Sheikh Salem
Sabah Al-Salem Al-Sabah, Minister of Labour and Social
Affairs, and also after the late future Amir Sheikh Sa’ad Al-
Abdullah Al-Salem Al-Sabah, Minster of the Interior and
Defence, and before Sheikh Sabah Al-Ahmad Al-Jaber Al-
Sabah, Foreign Minister, who is now the Amir. Despite the
importance of those four ministers who are members of Al-Sabah
Family, they were preceded in the cabinet list issued on 6/9/1976
by Sheikh Jaber Al-Ali Al-Salem Al-Sabah who was appointed
Deputy Prime Minister and Information Minister. The decree
forming the cabinet stated in Article (2) thereof that the decree
would come into force on the date of its issuance signed by the
late Amir Sheikh Sabah Al-Salem Al-Sabah and the late
Sheikh Jaber Al-Ahmad Al-Jaber Al-Sabah in his then
capacity as Prime Minister. Although the decree forming the
first cabinet - after dissolution of the National Assembly –
including names of the six Sheikhs of Al-Sabah Family to
jointly lead the process of revising the Constitution and
promulgating the necessary and adequate legislation
following dissolution of the National Assembly by Amiri
decree issued on 29/8/1976, yet Sheikh Nayef Ahmad Abdullah
Al-Malek Al-Sabah saw fit to exclude and drop the name of
Sheikh Salman Duaij Al-Sabah from the first edition of Al-Sabah
Family Tree issued on 1/1/1978 without investigation or research
despite the fact that he was the Minister mandated by the Council
of Ministers to undertake the historic task of revising and updating
legislation in accordance with the decision made by the Council of
Ministers on 19/2/1977. All legislation promulgated during the
dissolution of the National Assembly carried his signature next to
the signature of the late Amir Sheikh Jaber Al-Ahmad Al-Jaber Al-
Sabah and the signature of the then Prime Minister the late
Sheikh Sa’ad Al-Abdullah Al-Salem Al-Sabah. Construction of the
Tree, therefore, was based on misinformation and deception as
evidenced by the following:
First:
27. The appointment of Sheikh Salman Duaij Al-Sabah as a
member of the Council of Ministers by Amiri decree dated
6/9/1976 and published in the official gazette, Kuwait Al-Yom,
edition 1099, year 22 signed by the late Amir Sheikh Sabah Al-
Salem Al-Sabah and the late Amir, the then Prime Minister,
Sheikh Jaber Al-Ahmad Al-Jaber al-Sabah is an
acknowledgement by the Ruler of Kuwait and the Governing
Council of the genealogy of Sheikh Salman Duaij Al-Sabah
and his father the late Sheikh Duaij Al-Salman Al-Sabah as
members of Al-Sabah Family. This shows that four Sheikhs of
Al-Sabah Family, Sheikh Jaber Al-Ali Al-Salem Al-Sabah, Sheikh
Sa’ad Al-Abdullah Al-Salem Al-Sabah, Sheikh Salem Sabah Al-
Salem Al-Sabah and the incumbent Amir Sheikh Sabah Al-Ahmad
Al-Jaber Al-Sabah were members of the Cabinet, which is an
acknowledgement that Sheikh Salman Duaij Al-Sabah and his
father are indeed members of Al-Sabah Family.
28. Furthermore, lineage is acknowledged by the Ruler in the
Governing Council by appointing Sheikh Salman Duaij Al-Sabah
Minister of State for Legal and Administrative Affairs in the decree
issued on 16/2/1978 and signed by the late Amir Sheikh Jaber Al-
Ahmad Al-Jaber Al-Sabah and by the then Prime Minister the late
Amir Sheikh Sa’ad Al-Abdullah Al-Salem Al-Sabah.
29. Lineage is acknowledged for the third time by appointing
Sheikh Salman Duaij Al-Sabah a Cabinet member by the decree
issued on 4/3/1981 and adding the Justice portfolio to his post as
Minister of State for Legal and Administrative Affairs. That decree
was also signed by the late Amir Sheikh Jaber Al-Ahmad Al-Jaber
Al-Sabah and the late Sheikh Sa’ad Al-Abdullah Al-Salem Al-
Sabah.
30. Lineage is acknowledged for the fourth time by appointing
Sheikh Salman Duaij Al-Sabah a Cabinet member with the same
portfolios as in the previous Cabinet in the decree issued on
3/3/1985.
31. Prior to the appointment of Sheikh Salman Duaij Al-Sabah
a Minister in previous cabinets, he was appointed by the late Amir
Sheikh Sa’ad Al-Abdullah Al-Salem Al-Sabah to serve as member
of the National Council for Culture, Arts and Literature by a
decision issued by the Council of Ministers on 12/9/1973.
32. Acknowledgements by Kuwaiti Rulers, between 6/9/1976
when he was appointed Minister and 6/5/1985 when his
resignation was accepted, were a final confirmation of the
lineage of Sheikh Salman Duaij Al-Sabah as a descendant of
Al-Sabah Family. This is irreversible and cannot be refuted or
denied as it was endorsed by successive Governing
Councils.
33. According to Islamic Sharia, acknowledgement is an
admission which binds the acknowledging party. This has been
reaffirmed by Moslem scholars. In his book “Jawaher Al_Uqud wa
Ma’een Al-Qada’ wa Al-Muwaq’een wa Al-Shuhud”, Al-Minhaji Al-
Asyouti says in part 1 page 20: “a sound acknowledgement is
irreversible; it is free acknowledgement, and sound
acknowledgement cannot be reversed. On page 21, he also
states “it is determined that acknowledgement is sound when
it is freely given”. Furthermore, he says: “Imams have agreed
that if a free adult acknowledges a known right for human
beings he shall be bound thereby and any retraction by him
shall not be acceptable. He cannot mask any benefit arising
from such acknowledgement.
34. Article (57) of the Law of Evidence no. 39/1980 for civil and
commercial matters states: “acknowledgement is binding on
the acknowledging party and is not partial unless it is
focused on several facts and the presence of one of such
facts does not require the presence of the others”.
Acknowledgment by the Ruler in the Governing Council shall be
conclusive and irreversible proof.
35. The Egyptian Court of Cassation ruled that any party
acknowledging lineage shall not deny such lineage after
acknowledgement and since denial after acknowledgement is
negation it shall not be heard. (Hearing on 31/7/1990
published by Counsellor Ahmad Nasr Al-Jundi in his
publication “Judicial Principles of Personal Matters” 1992
edition, page 1270, principle no. 15).
36. Based on the above, the lineage of Sheikh Salman Duaij
Al-Sabah and his father the late Sheikh Duaij Al-Salman Al-Sabah
has been proved as members of Al-Sabah Family through
acknowledgements by the Governing Council and cannot be
refuted or denied by any of the descendants of the five Sheikhs of
Al-Sabah Family included in the decree dated 6/9/1976 and
headed by the then Amir the late Sheikh Sabah Al-Salem Al-
Sabah and the then Prime Minister and later Amir the late Sheikh
Jaber Al-Ahmad Al-Jaber Al-Sabah.
37. Further to these official acknowledgements in the
Governing Council in accordance with the aforementioned decree
forming the Government, the construction of the first edition of Al-
Sabah Family Tree on 1/1/1978 subsequent to the decree dated
6/9/1976 was based on deception by Sheikh Nayef Ahmad
Abdullah Al-Malek Al-Sabah. The Amir who approved the third
edition of this Tree issued on 1/1/1998 was misled. Al-Sabah
Family Council which issued its decision 4/2017 dated 17/5/2017
to adopt this Tree was also misled.

Second:
38. The deliberate intent of Sheikh Nayef Ahmad Abdullah AL-
Malek Al-Sabah to inflict harm on all successors and grandsons of
the late Sheikh Duaij Al-Salman Al-Sabah was confirmed in the
second edition issued by him on 1/1/1988 where he dropped and
excluded the successors from the Tree he constructed on
1/1/1978. It has been shown by all legislation promulgated by
the late Amir Jaber Al-Ahmad Al-Jaber Al-Sabah while the
National Assembly was dissolved, after it had been prepared
by various committees formed by Sheikh Salman Duaij Al-
Sabah and approved by the National Assembly upon its
return, that such legislation was signed by Sheikh Salman
Duaij Al-Sabah in his capacity as Minister of Justice and
Legal and Administrative Affairs until 1985. All such
legislation was also signed by the Prime Minister Sheikh
Sa’ad Al-Abdullah Al-Salem Al-Sabah and the late Amir
Sheikh Jaber Al-Ahmad Al-Jaber Al-Sabah. All such laws
promulgated between 1977 and 1982 were published in the
official gazette, “Kuwait Al-Yom”. Upon their coming into
force, all such laws became sources of legislation for
member states of the Gulf Cooperation Council (GCC) and the
name of the Minister responsible for supervision of such laws,
Sheikh Salman Duaij Al-Sabah, became well known in GCC
member states after approval of such laws by the Legislative
Council. All that notwithstanding, Sheikh Nayef Ahmad Abdullah
Al-Malek Al-Sabah deliberately ignored acknowledgements by
Kuwait’s Amir and Prime Minister, through their signatures, of the
lineage of Sheikh Salman Duaij Al-Sabah as a member of Al-
Sabah Family and deliberately excluded him from the second
edition of the Tree dated 1/1/1988.
39. The following are only some examples of laws promulgated
under supervision of Sheikh Salman Duaij Al-Sabah with his
signature next to the signatures of the Amir and Prime Minister:

1. Edict promulgating Law 14/1977 pertaining to grades and

salaries of judges, public prosecution staff, and fatwa
administration staff as published in “Kuwait Al-Yom”, edition 1139,
year 20,
2. Edict promulgating Law 15/1979 pertaining to the Civil Service,
3. Edict promulgating Law 28/1980 pertaining to maritime trade,
4. Edict promulgating Law 38/1980 pertaining to civil and
commercial litigation published in “Kuwait Al-Yom”, edition 1307,
year 26,
5. Edict promulgating Law 67/1980 pertaining to Civil Law
published in “Kuwait Al-Yom”, edition 1337, year 26,
6. Edict promulgating Law 68/1980 pertaining to Commercial Law
published in “Kuwait Al-Yom”, edition 1338, year 26,
7. Edict promulgating Law 39/1980 pertaining to evidence in civil
and commercial matters published in “Kuwait Al-Yom”, edition
1307, year 26,
8. Edict promulgating Law 40/1980 pertaining to regulation of
experience in courts, and
9. Edict promulgating Law 61/1976 pertaining to Social Security
Law.
40. Without further elaboration of Laws prepared by and issued
under the supervision of Sheikh Salman Duaij Al-Sabah with his
signature next to those of the late Amir Sheikh Jaber Al-Ahmad
Al-Jaber Al-Sabah and the Prime Minister the late Sheikh Sa’ad
Al-Abdullah Al-Salem Al-Sabah, the inaction of Sheikh Nayef
Ahmad Abdullah Al-Malek Al-Sabah led to his issuance of the
second edition of the Tree on 1/1/1988 where he was deliberately
duplicitous in its construction by excluding Sheikh Salman Duaij
Al-Sabah and his father the late Sheikh Duaij Al-Salman Al-Sabah
which exposed his ignorance. Because of his deliberate
misleading ways, he did not try to mask that ignorance by
investigating the relationship between Sheikh Salman Duaij Al-
Sabah and Al-Sabah Family and looking into whether there was
another family other than the Ruling Family. Instead, he insisted
on issuing the second edition on 1/1/1988 and the third edition on
1/1/1998 without re-examining and updating Al-Sabah Family
Tree.
41. Based on the above, Sheikh Nayef Ahmad Abdullah Al-
Malek Al-Sabah has made an extremely serious mistake in
constructing the Tree for which he must be held accountable for
damages suffered by the late Sheikh Duaij Al-Salman Al-Sabah,
his successors and grandsons despite this Tree being adopted by
the Amir on 23/5/2017. This is a personal mistake causing
damages by denying and refuting lineage to Al-Sabah Family
after acknowledgements of that lineage by Kuwait’s Rulers and
successive Governing Councils.

Third:

42. Sheikh Nayef Ahmad Abdullah Al-Malek Al-Sabah’s

mistake has been repeated due to his ignorance and deliberate
deception despite the appointment by the Late Amir Jaber Al-
Ahmad Al-Jaber Al-Sabah of Sheikh Khalid Duaij Al-Salman Al-
Sabah a member of the Committee formed to undertake the
duties of the Municipal Council by decree 113/89 dated 10/9/1989
– prior to the Iraqi heinous attack – and by another decree
49/91dated 31/7/1991 after life had returned to normal in Kuwait.
43. The late Amir Sheikh Jaber Al-Ahmad Al-Jaber Al-Sabah
together with the late Sheikh Sa’ad Al-Abdullah Al-Salem Al-
Sabah signed those two decrees. The first decree was published
in “Kuwait Al-Yom”, edition 1840, year 35, and the second was
published in the same official gazette, edition 11, year 37.
44. All Amiri decrees issued by successive Kuwaiti Rulers and
successive Governing Councils as well as all laws prepared by
Sheikh Salman Duaij Al-Salman Al-Sabah during the dissolution
of the National Assembly between 1976 and 1982 and approved
by the National Assembly after the return of parliamentary life
carry acknowledgements of the lineage of both Sheikh Salman
Duaij Al-Salman Al-Sabah and Sheikh Khaled Duaij Al-Salman Al-
Sabah. They are official documents issued by successive Kuwaiti
Rulers, the executive power and the legislative power i.e. the
National Assembly. They cannot be refuted or denied after
acknowledgement of lineage. But this has escaped Sheikh Nayef
Ahmad Abdullah Al-Malek Al-Sabah’s mind when he constructed
Al-Sabah Family Tree which proves that he has made extremely
serious mistakes due to ignorance, deception and misleading the
political leadership represented by Kuwait’s Ruler Sheikh Sabah
Al-Ahmad Al-Jaber Al-Sabah.

Fourth:

45. Over and above, it has been proved by conclusive and

incontrovertible evidence that Sheikh Nayef Ahmad Abdullah Al-
Malek Al-Sabah has committed breaches and serious mistakes in
constructing Al-Sabah Family Tree after it was confirmed that
successive Kuwaiti Rulers acknowledged that the children and
grandchildren of the late Sheikh Duaij Al-Salman Al-Sabah
were members of Al-Sabah Family and also acknowledged
that all heirs and grandsons of the late Sheikh Duaij Al-
Salman Al-Sabah were members of the Ruling Family. Such
acknowledgements have been documented in civil identity cards
and passports issued subject to Law 11/1962 where Article 8
thereof states: “special passports are issued to members of
the Ruling Family”.
46. Once lineage to the Ruling Family is established by official
documentation, it shall not be possible to refute or deny such
lineage. Also, it shall not be possible to reverse
acknowledgement of lineage citing Islamic Sharia provisions or
any other law particularly Law 39/1980 pertaining to evidence in
civil and commercial matters. Such documents are proof for
everybody and proof in court of the lineage of the late Sheikh
Duaij Al-Salman Al-Sabah, his children and grandchildren as
members of the Ruling Family.

“Third Chapter”
Ways of Judicial Protection of Heirs of the
Late Duaij Al-Salman Al-Sabah against
Implementation of Amiri Decree Adopting
Al-Sabah Tree as Official Al-Sabah Family Tree

47. Subject to the Law of Civil and Commercial Litigation, a

claim can be made whenever there is a legal interest needing
protection by the judiciary. Deeming a certain interest a legal
interest, i.e. an interest acknowledged and protected by law
needs not be inferred from a specific legal text but can be inferred
from the legal system as a whole. Furthermore, the extent of
protection provided by the judiciary is measured by how far courts
need to go to counter a violation without relying on an explicit
legal text. As long as a claim is a way to protect a legal right or
position, it assumes for its existence a pre-existing right or
position protected by law; where there is no right, there is no
claim.
48. Legal protection is essentially based upon denying the
claimant the benefits deriving from a legal right or position that
requires intervention by the judiciary to protect him by imposing
legal punishment. A claim as a way of gaining legal protection can
only arise if there is need for such protection.
49. Violation of a legal right or position can take various forms.
It may be just raising doubts about the existence of legal right or
position whereby the right’s owner is in need for a judgement that
confirms the existence of his right thus removing any doubts.
Complete confirmation of such right is necessary to allow its
owner to enjoy its benefits.
50. Violation may take the form of an actual denial where the
right’s owner occupies a material position different from his legal
position. He is entitled to submit a compulsion claim to pave the
way for convergence between his actual and legal positions.
51. In summary, regardless of the nature of violation, it is not
sufficient to initiate a claim unless there arises a need for legal
protection to counter such violation. If the violation does not
deprive the owner of the legal right or position of the benefits
deriving therefrom whereby he does not require the relevant legal
protection, then he is not entitled to claim. Therefore, whether
there is entitlement to a claim or not depends on the need for
legal protection; its scope is determined by such need.
52. By applying the above to the dispute pertaining to the
descent of the late Sheikh Duaij Al-Salman Al-Sabah, his children
and grandchildren from the Al-Sabah Family, it is evident from
historic, official and legal documents perused by us that the head
of the family, the late Sheikh Duaij Al-Salman Al-Sabah, has been
genealogically linked to Al-Sabah Family for 150 years and his
children and grandchildren have been linked genealogically to it
for decades as previously proven. Top evidence proving
descent from Al-Sabah Family comes from
acknowledgements by three successive Amirs which cannot
be refuted or denied.
53. The frequency with which Kuwaiti Amirs have
acknowledged lineage proves descent from Al-Sabah Family
without any room for doubt and puts an end to all controversy and
speculation. Such frequent acknowledgements came from three
Amirs: the late Sheikh Sabah Al-Salem Al-Sabah, the late Sheikh
Jaber Al-Ahmad Al-Jaber Al-Sabah and the late Sheikh Sa’ad Al-
Abdullah Al-Salem Al-Sabah. Furthermore, there were frequent
acknowledgements dating back to the nineteenth century of the
lineage of the late Sheikh Duaij Al-Salman Al-Sabah based upon
our perusal of historic, official and legal documents. Such
frequency provides incontrovertible evidence of lineage and title
dating back more than 150 years during which the late Sheikh
Duaij Al-Salman Al-Sabah commanded the battle of “Himd” in
1920. Therefore, to refute and deny such lineage is deemed to be
utmost deprival (tahreem) which must be heeded as Allah
Almighty said in the Holy Quran “Call them by [the names of]
their fathers; it is more just in the sight of Allah” (Al-Ahzab
Sura: 5) and as the Prophet PPUH said “Any man who disowns
his son while looking at him will be forsaken by Allah Who
will expose him among creatures”.
54. Since the deliberate act by the constructor of Al-Sabah
Family Tree to drop and exclude the late Sheikh Duaij Al-Salman
Al-Sabah, his children and grandchildren from the genealogy of
Al-Sabah Family has been the utmost violation of their rights and
legal positions previously acknowledged by successive Governing
Councils and accepted by Kuwaiti Amirs the late Sheikh Sabah
Al-Salem Al-Sabah, the late Sheikh Jaber Al-Ahmad Al-Jaber Al-
Sabah, and the late Sheikh Sa’ad Al-Abdullah Al-Salem Al-Sabah
which would deprive them of benefits and advantages arising
from such acknowledgement and acceptance, then they are
entitled to dispute the construction of Al-Sabah Family Tree and
demand legal protection to challenge such violation in court
should departments mandated by the Amir to administer that Tree
resort to any action that would adversely affect their benefits and
legal positions arising from previous acknowledgement of their
decent from the Ruling Family or would interfere with official state
documents acknowledging their Al-Sabah Family lineage.
55. Such legal protection is based on the extent of the need for
the claim by the heirs whose rights have been violated.
Specification and procedures of such a claim are shown below:

First:
The claim to resolve the dispute supported by original evidence
proving lineage of the heirs of Sheikh Duaij Al-Salman Al-Sabah
as members of Al-Sabah Family must be initiated by submitting
an application to the Genealogy Committee provided for in Law
10/2010 pertaining to regulation of genealogical claims and
correction of names. The claim must then be addressed to:
1. Al-Sabah Family Council which issued decision no. 4/2017
dated 17/5/2017 adopting Al-Sabah Family Tree,
2. Sheikh Nayef Ahmad Abdullah Al-Malek Al-Sabah who
constructed Al-Sabah Family Tree,
3. Interior Minister in his capacity as minister responsible for
issuance of certificates of Kuwaiti nationality subject to Article (19)
of the Nationality Law 15/1959,
4. Foreign Minister in his capacity as minister responsible for
issuance of diplomatic and personal passports subject to Article
(10) of Law 11/1962,
5. Minister of Amiri Court (Diwan) to which the Administration of
Ruling Family’s Affairs is responsible,
6. President of the General Agency for Civil Information in its
capacity as the department responsible for issuing civil identity
cards subject to Law 28/1982, and
7. Sheikh Ali Al-Jarrah Al-Sabah, Dispute Agent of the Amir,
appointed by Amiri decree dated 20/9/2006 since the Amiri
decree dated 23/5/2017 adopting Al-Sabah Family Tree, as an
official Tree is invalid, as it does not pertain to affairs of state but
to private family matters.

The Amir’s position, authority, rank and powers must not be

confused with the genealogy of Al-Sabah Family; this link must be
shown to be totally void in all courts.

Second:

The nature of claim demanding legal protection may be

determined in the light of whatever action any of the
aforementioned governmental departments may take in
implementation of the Amiri decree dated 23/5/2017 which would
compromise the rights, interests or legal positions of any of the
successors of the late Sheikh Duaij Al-Salman Al-Sabah such as
issuing a normal and not a special passport upon expiry of the old
one to any successor after excluding him from lineage of the
Ruling family. In this case, a grievance would be initiated
demanding that the relevant administrative department drop any
action it may have taken, or a grievance against any preliminary
action by the relevant administrative department exposing its
intent to change details of the civil identity card or passport to be
renewed.

Should any of the relevant administrative departments proceed to

issue either of the two documents after changing their details
without considering the grievance, the cancellation claim may be
appealed in the administrative court providing such appeal takes
place before the end of a 60 day period from the date on which
the relevant administrative department declares its position or
issues the new document.

Should the relevant administrative department not respond to the

grievance, thus in effect rejecting it, the cancellation claim may be
initiated at any time due to the fact that the appeal would be
directed at the passive decision rejecting the grievance in
accordance with Article (7) of Law 20/1981 pertaining to the
establishment of a department within “Al-Kulliah Court” to hear
administrative disputes.

Third:

Departments of Al-Kulliya Court, whether dealing with personal

status cases or cancellation of administrative decisions, are
expected to reject the claim or declare that it is not within their
remit in accordance with the decision circulated by the President
of the Supreme Judicial Council deeming Amiri decree dated
23/5/2017 a reference point for cases relating to the genealogy of
the Ruling Family, or it may be raised by the defence for the
Government nominally or objectively – while looking into the
dispute – in which case the President of the Supreme Judicial
Council will need to be involved. In addition to original
applications, it is necessary to add an application for declaring the
circulated decision null and void or rendering it absolutely invalid
for the aforementioned reasons.

Fourth:

In the event that the defence for the Government adheres to the
Amiri decree dated 23/5/2017 adopting Al-Sabah Family Tree as
an official Tree for the genealogy of Al-Sabah Family, the Court
will be requested to include the Dispute Agent of the Amir among
disputants in the case and to rule in favour of amending
applications to include an application for declaring the Amiri
decree invalid. Thereafter, it should be argued that the decree is
unconstitutional for the aforementioned reasons and the case
should be referred to the Constitutional Court to rule on the
constitutionality of the Amiri decree dated 23/5/2017.

Should the current Court refuse this argument citing lack of

seriousness, its verdict of lack of seriousness may be appealed to
the Committee for Examining Appeals in accordance with Article
(4) of Law 14/1973 establishing the Constitutional Court.

Fifth:
In preparation for initiation of such claims, whether an original
claim by the heirs for proof of lineage or a claim of appeal against
any administrative decision by an administrative department, the
following documents must be submitted:

(1) The ruling issued on 22/8/1846 during the rule of the late
Sheikh Jaber Al-Abdullah Al-Sabah (Jaber Aish),
(2) Al-Sabah Family Tree collated by Captain Arnold Burrowes
Kemball, British Resident in the Arabian Gulf, Bushehr at the
request of the India Government in 1853, prepared for publication
in 1856 by Hughes Thomas, assistant secretary, political
administration, Bombay Government and included by Alan Rush
on page 229 in his publication referred to on page 229 of item
(4) below,
(3) Al-Sabah Family Tree constructed by Colonel Knox, the first
British Political Agent in Kuwait, with assistance by Sheikh
Mubarak Al-Sabah dated 15/4/1908 (Knox Version prepared by
Knox for Lorimer’s Gazette 15 April 1908) which was among
British documents on Kuwait,
(4) Publication by Alan rush under title “Al-Sabah History &
Genealogy of Kuwait’s Ruling Family 1752 – 1987”,
(5) Family Tree prepared by “Lorimer” in 1908 in the 1908
edition of his publication consisting of four volumes and published
in 1915 by the India Government in Calcutta. It was deemed a
confidential document until 1965. The State of Qatar had it
translated into Arabic and published in fourteen volumes: a
geography section in 7 volumes and a history section in 7
volumes,
(6) 1926 edition of “History of Kuwait” by Abdul Aziz Al-Rashed
where he mentions “Himd Battle” commanded by the late Sheikh
Duaij Al-Salman Al-Sabah,
(7) “History of Najd and Surroundings” by Amin Al-Rihani where
he mentions on page 144 “Himd” commanded by a son of Al-
Sabah’s Family named Duaij,
(8) 1961 first edition of “The History of Al-Saud Kings” by Prince
Saud Bin Hathloul where he mentions on page (123) “Himd
Battle” and says that Kuwait’s Amir Sheikh Salem Al-Mubarak Al-
Sabah ordered the formation of a squad to be commanded jointly
with his cousin Duaij Al-Sabah to prevent Ibn Shuqair from
proceeding with construction and to attack him if he refused,
(9) All Adasani documents issued on 12/11/1914, 20/6/1919,
5/2/1922, 7/8/1922, 16/3/1923, 4/2/1958 and 9/2/1966. The first of
those property documents was issued in the name of Duaij bin
Salman Al-Sabah during the rule of Sheikh Mubarak Al-Sabah
(Mubarak the Great) while the second was issued in the same
name during the rule of Sheikh Salem Al-Mubarak Al-Sabah. The
third, fourth and fifth documents were issued in the same name
during the rule of Sheikh Ahmad Al-Jaber Al-Sabah. The sixth
was issued in the same name during the rule of Sheikh Abdullah
Al-Salem Al-Sabah while the seventh was issued during the rule
of Sheikh Sabah Al-Salem Al-Sabah and signed by his Deputy
Sheikh Abdullah Al-Mubarak Al-Sabah,
(10) All decrees pertaining to formation of Cabinets beginning
with Amiri decree dated 6/9/1976 and signed by the late Amir
Sheikh Sabah Al-Salem Al-Sabah and Sheikh Jaber Al-Ahmad Al-
Sabah appointing Sheikh Salman Duaij Al-Sabah Minister of
Legal and Administrative Affairs, and ending with the Amiri decree
dated 3/3/1985 and signed by Sheikh Jaber Al-Ahmad Al-Sabah
and Sheikh Sa’ad Al-Abdullah Al-Salem Al-Sabah.
(11) The two Amiri decrees dated 10/9/1989 and 31/7/1991
appointing Sheikh Khaled Duaij Al-Salman Al-Sabah member of
the Committee mandated to exercise functions of the Municipal
Council,
(12) All ministerial decisions issued by Sheikh Salman Duaij Al-
Sabah to form committees to develop legislation between
29/3/1977 and 27/1/1989,
(13) All decrees promulgating laws during the dissolution of the
National Assembly between 1976 and 1982 and embossed with
the signature of Sheikh Salman Duaij Al-Sabah next to the
signatures of the late Amir Sheikh Sabah Al-Salem Al-Sabah and
the late Crown Prince and Prime Minister Sheikh Sa’ad Al-
Abdullah Al-Salem Al-Sabah,
(14) Decision by the judicial committee made up of Court of
Appeal counsellors Rashid Al-Hammad and Mohammad Ibrahim
Al-Saqa’bi and mandated by Sheikh Jaber Sl-Ahmad Al-Jaber Al-
Sabah to investigate whether Sheikh Duaij Al-Salman Al-Sabah
and his children are indeed members of Al-Sabah Family. The
committee issued its decision confirming lineage to Al-Sabah
Family on 26/12/1992,
(15) Certificate issued on 26/4/2017 by Sheikh Salem Al-Ali Al-
Salem Al-Sabah, Commander of the National Guard and Senior
Member of Al-Sabah Family, acknowledging lineage of the late
Sheikh Duaij Al-Salman Al-Sabah and his children as members of
Al-Sabah Family,
(16) Certificate issued on …/…/2017 by Counsellor Rashed Al-
Hammad, former Deputy Prime Minister and Minister of Justice
and Islamic Affairs and Endowment, confirming that Sheikh Duaij
Al-Salman Al-Sabah and his children are indeed members of Al-
Sabah Family,
(17) The four medical reports pertaining to DNA analysis to
match some members of Al-Sabah Family with Duaij Salman Al-
Duaij Al-Sabah, a grandson of Sheikh Duaij Al-Salman Al-Sabah,
and
(18) Copy of probate (division of inheritance) no (219) issued by
Sharia Court on 22/6/1957.

“Fourth Chapter”
Terms of Accepting Original Claim
Regarding Proof of Lineage to
Al-Sabah Family in Accordance with
Doctrine of Imam Malek and
Judgement of Court of Cassation (Tamyeez)
56. From the content of official and judicial documents
pertaining to the dispute arising after issuance of Amiri decree
dated 23/5/2017 adopting Al-Sabah Family Tree and recognizing
it as a reference point for the genealogy of Al-Sabah Family, and
after circulation of the decree and Al-Sabah Family Tree to judicial
departments at the instruction of the President of the Supreme
Judicial Council, it is clear that this dispute is concerned with
the proof of lineage of the late Sheikh Duaij Al-Salman Al-
Sabah, his children and grandchildren as members of Al-
Sabah Family as acknowledged by successive Governing
Council.
57. In accordance with Law 10/2010 pertaining to the
administration of procedures for claims of lineage and correction
of names and precedents of Court of Cassation, legislators have
required, prior to submission of claims of lineage and correction of
names to court – with the exception of the remit of the Committee
of Births and Deaths – the Committee provided for in the
aforementioned Law to investigate such claims to discover their
objectives and the real reasons behind their submission, whether
they pertain to lineage and subsequent correction of names or
pertain only to correction of names without a challenge of lineage,
and to submit a separate report about the results of its
investigation of the lineage or the new requested name. The claim
submitted by the claimant to the Committee dealing with claims
pertaining to lineage and correction of names is the legal entry
point specified for this type of claim by legislators who listed a
series of procedures to be followed by the Committee and the
secretariat of the relevant court until such time that the dispute is
heard in court. This claim represents the beginning of the judicial
procedure and failure to follow it violates the process defined by
legislators which is a matter related to litigation procedures as
specified in the general system (sic) and determined by the court
itself. (Refer to personal status verdict of Court of Cassation
no. 30/2007 in its session of 24/1/2008 a copy of which is
attached herewith).
58. Based on the above, the legal point of entry for a claim
proving lineage as covered by this memorandum, is for heirs of
the late Sheikh Duaij Al-Salman Al-Sabah to submit an application
to the Committee referred to in the aforementioned Law 10/2010
to enable it to begin its investigation and, on completing it, to refer
the dispute to the relevant court supported by a detailed report
containing its conclusions within a year from the date of
submitting the application. Should this deadline expire without
dealing with the application, the heirs shall be entitled to refer the
dispute to court.
59. It is evident that the contents of official and judicial
documents and papers related to the present dispute are in fact
proof of the lineage of the children of the late Sheikh Duaij Al-
Salman Al-Sabah acknowledged by successive Governing
Councils beginning with the lineage from the early ancestor to the
first grandfather Sheikh Salman bin Sabah bin Duaij bin Salem
Mubarak Al-Sabah, through to the second grandfather Sheikh
Sabah bin Duaij bin Salem bin Mubarak Al-Sabah, through to the
third grandfather Sheikh Duaij bin Salem bin Mubarak Al-Sabah,
ending with the proof of lineage of children of the late Sheikh
Duaij Al-Salman Al-Sabah from the early ancestors of Al-Sabah
Family.
60. In accordance with a firm judgement by the Court of
Cassation, lineage to a dead person cannot be proved except in
the context of rights or money since proving lineage from a dead
person requires judgement thereon, and judgement on a dead
person, like that on an absentee, is not permissible except when
facing a living adversary. Such adversary may be, according to
the definition of Sharia scholars (faqih), a “qasdi” adversary i.e.
agent of an absentee, or a “hakmi” adversary i.e. agent of a dead
person if what is claimed from the dead person is the reason for
what is claimed from the living adversary and not a condition
therefor. Thus, the claim of lineage, whether to be proved or
denied, is not accepted if the defendant (father or son) is dead
except in the context of another right since filiation or parenthood
– after the death of son, father or grandfather from whom lineage
is claimed – is not sought in its own right but for rights arising
therefrom which are the real subject of the dispute. Lineage is
thus proved in the context of proving entitlements deriving
therefrom such as alimony, inheritance, and benefits of
endowment. (Refer to personal status verdict of Court of
Cassation no. 546/2004 in its session of 5/3/2009 a copy of
which is attached herewith).
61. Whereas article (78) of Kuwaiti Constitution states: “Upon
his investiture, the yearly allowance of the Head of the State for
the period of his rule shall be determined by Statute”, Law
36/1962 dated 4/12/1962 was the first to be promulgated subject
to Article (78) of the Constitution providing for an allowance to the
Head of State of ten million Kuwaiti Dinars (KD) for the period of
his rule. The second Article of that Law states: “terms of the
entitlements of members of the Ruling Family from that
allowance are to be specified together with the method of
their determination and payment by an Amiri decree”.
Law 4/1966 dated 17/1/1966 provided for an allowance to the
Head of State of eight million KD per annum for the period of his
rule. The second Article of that Law states: “terms of the
entitlements of members of the Ruling Family from that
allowance are to be specified together with the method of
their determination and payment by an Amiri decree”.
Later on, Law 12/1978 dated 29/4/1978 provided for an allowance
to the Head of State of eight million KD per annum for the period
of his rule. The second Article of that Law states: “terms of the
entitlements of members of the Ruling Family from that
allowance are to be specified together with the method of
their determination and payment by an Amiri decree”.

Finally, Law no. (44/2006) provided for an allowance to the Head

of State of fifty million KD per annum for the period of his rule.
The second Article of that Law states: “terms of the entitlements
of members of the Ruling Family from that allowance are to
be specified together with the method of their determination
and payment by an Amiri decree”.

Further to the above, the claim to prove lineage, which is the

subject of this memorandum, shall be accepted based upon the
claim by the heirs of the late Sheikh Duaij Al-Salman Al-Sabah of
their share of such allowance consequent upon proof of lineage of
those heirs as members of Al-Sabah Family. Their share may be
specified temporarily as one million KD pending the accurate
determination of their share of the allowance. Without specifying
the sum within the claim, the court may reject the claim on the
basis that the main purpose of the heirs is solely to prove lineage.
(Refer to the aforementioned personal status verdict of Court
of Cassation no. 546/2004).
62. Islamic jurisprudence (Fiqh) has settled on allowing
testimony based upon rumour (common knowledge) in specific
cases only, namely marriage (nikah), lineage and death. In such
cases, testimony based on information prevalent among people
(tasamu’) is allowable even in the absence of eye witness
because this testimony is based upon “common knowledge
(ishtihar)” which substitutes for eye witness.

In “Fiqh laws”, Ibn Jizy states on page 313 that issues where a
prevalent “tasamu’” testimony is permissible number twenty. He
says: “it is allowable to rely upon “tasamu’” testimony in
twenty categories which are nikah, breastfeeding, pregnancy,
birth, death, lineage, loyalty, freedom, endowment, damage,
appointment of a judge, his removal, guidance to a
spendthrift (safeeh), orphans, justice …… a prevalent
“tasamu’” testimony is not permissible to prove ownership
by a claimant but is permissible for the possessor of the
property provided it has been “in his hands” for many years.
In modern parlance, it means passage of time (taqaddum).

63. In Al-Maliki Doctrine, which is applicable to this case, a

witness is called a witness because he can distinguish right from
wrong in front of the judge based on knowledge and not
presumption or suspicion related to what is being litigated.
64. As a written testimony is accepted from whoever can
provide it, “hearsay” testimony in Al-Maliki Doctrine is
acceptable in cases of known lineage. If the duration of such
“hearsay” is not long, it is permissible out of necessity instead of
the fundamental concept that a human being can only testify
about what his senses detect. There are two types of “hearsay
testimony”: what benefits knowledge through a level of frequent
repetition to approach certainty or a level of strong presumption
close to certainty.
65. Kuwaiti judicial system followed that interpretation in
appeal verdict 19/1984 issued by the Court of Cassation on
11/7/1984 which established the following principle:

Proof of lineage by “hearsay” testimony is conditional upon

the beneficiary thereof being a possessor of lineage since
the rule in Al-Maliki Doctrine is that “hearsay” testimony
benefits the possessor and cannot be invalidated thereby.
Possession of lineage is a result of marriage (mating). Al-
Maliki Doctrine states that a man’s lineage is to be believed if
he is known thereby and possesses it as he would possess
property i.e. he attributes lineage to himself and others
attribute the same lineage to him. According to Sharia,
judgement may rely upon evidence that is a substitute for a
witness. There is consensus in Fiqh that the judge is not
bound by the evidence or testimony of a witness since
judgement is a matter of perception. There is some evidence
whose significance may not be invalidated since it is
stronger than burden of proof or acknowledgment both of
which are subject to truth and lies.

66. There is no doubt, suspicion or disagreement that official

historic and property documents and written testimonies, such
as the testimony by Sheikh Salem Al-Ali Al-Salem Al-Sabah dated
…/…/2017, and other testimonies prove that Sheikh Duaij Al-
Salman Al-Sabah is a member of the Ruling Family. This is also
confirmed in well documented books such as those by Jamal
Zakaria Kassem and Badruldeen Abbas Al-Khousousi which
highlight social, economic and historic development of Kuwait
particularly the battles of “Himd” and “Al-Jahra’” during the rule of
Sheikh Salem bin Mubarak Al-Sabah from 1917 to 1921 as
obtained from the Library of Indian Archives in London. There
are also publications by others who played a role in that era such
as historian Abdul Aziz Al-Rasheed, Al-Sayyed Musa’id Al-Saleh
(in his book “A History of Giving”), scholar Ahmad Al-Bishr Al-
Roumi, historian Saif Marzouk Al-Shamlan and others which are
deemed stronger than the evidence required to prove the
descent of the children of Sheikh Duaij Salman Al-Sabah
from Salem Mubarak Al-Sabah.

In conclusion of this memorandum, we quote Abu Hanifa who

said: “this is just one opinion; whoever presents us with a
better opinion shall be acceptable to us”.

Counsellor Fikri Ahmad Maghawri