The current Kuwaiti legal system

The current Kuwaiti legal system

The current Kuwaiti legal system is an amalgam of the Egyptian law, Islamic legal principles, the French civil laws and the British common law; these elements are compounded by a series of the development of the system. The legal system in Kuwait from the perspective of its development can be traced back to 1961 when the jurisdiction of Britain ended (Al-Suwaidi, 1993). As the British jurisdiction ended, the Kuwaiti Constitution was drawn. Key to the development of the legal framework was the El Slam, which was defined and pronounced to be the source of legislation. Therefore, Shari’a, which is Islamic law, is the primary source of legislation in Kuwait. Article 1, subsection 3 of the permanent constitution of the country states the political system of Kuwait as being democratic, and the Arabic language as being the official language. The development of the law and legal system went through a series of phases, most of which are linked to the 1962 constitution and Islamic law.

The 1962 constitution, which was issued following drafting by a 20-member Constituent council, created five important pillars which shaped the legal system. These five pillars include the state and the system of government, the basic constituents of the Kuwaiti society, public rights and responsibilities, powers and the general and transitional provisions (Reda, 1991; “Kuwait’s Legal System and Legal Research – GlobaLex”, 2020). The 1962 constitution underscored the significance of democracy and focused on improving equality, freedom and justice as being the mainstays of society. The constitution also emphasized the principle of separation of powers in government and mutual cooperation between these arms.

The constitution provided for several other important aspects or elements which are important. Executive power bodies expanded in scope and tasks, some of which included cabinet, higher councils, the ministries, public institutions and the decentralized bodies of administration (Ballantyne, 1985). The constitution created a 50-member parliament which was to be elected through direct ballot as outlined in the Election law (Ballantyne, 1985). The dissolution of parliament in 1976 and 1986 played significant roles in strengthening the legal system from the perspective of government role in developing the laws. All through the development of the legal system and the country’s laws, people’s participation has always been vital and has been of great attention. People’s participation became a vital issue in 1990 when the government initiated a free dialogue. People’s participation was advanced through the establishment of the national council, but the legislative and supervisory capacities could not be implemented following the Iraqi invasion of 1990 (Al-Suwaidi, 1993). The constitution and the processes that have been implemented create a system of revising the legislation. The country is characterized by an active policy of legislation, permanently aimed at covering gaps and developing legislation to meet the needs and requirements of the society. A significant revision of the legislation was done in 1977, where there was the development of commercial law, the civil code, the law of personal statutes, maritime trade law, civil procedure code, proof law and the expertise law (Reda, 1991). The securities market crisis of 1982 shaped legislation around the corporate world, with the development and passage of the Decree-law of 1982. The Iraqi Invasion of 1990 contributed to the development of legislation by affirming the existence of the State of Kuwait as a sovereign and independent state.