Cecily Zamora
Kuwait's legal system is a blend of British common law, French civil law, Egyptian civil law, and Islamic law, with the latter recognised as the state religion in the country's constitution. The court system is divided into six main divisions – family, criminal, civil, commercial, leases, and administrative. The judiciary is structured across three levels, with the Courts of First Instance at the base, the Courts of Appeal in the middle, and the Court of Cassation at the apex.
| Characteristics | Values |
|---|---|
| Type of legal system | Mixed legal system |
| Components of the legal system | British common law, French civil law, Islamic sharia law, Egyptian law, and Ottoman law |
| Court system divisions | Family, criminal, civil, commercial, leases, and administrative |
| Number of tribunal levels | 3 |
| Tribunal levels | Courts of First Instance, Higher Court of Appeal, Court of Cassation |
| Kuwait's state religion | Sunni Islam |
| Legislation basis | Sharia |
| Judiciary | Independent |
| Judges | Cannot be removed from office except in cases specified by law |
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What You'll Learn
- Kuwait's legal system is a mix of British common law, French civil law, Egyptian civil law, and Islamic law
- The Kuwaiti court system is divided into six divisions: family, criminal, civil, commercial, leases, and administrative
- The Kuwaiti Constitution combines positive aspects of both presidential and parliamentary forms of government
- The Kuwaiti judiciary is structured across three levels: Courts of First Instance, Courts of Appeal, and the Court of Cassation
- Islamic law, or Sharia, is the most widespread type of religious law
Kuwait's legal system is a mix of British common law, French civil law, Egyptian civil law, and Islamic law
Kuwait's legal system is a blend of various legal traditions, including British common law, French civil law, Egyptian civil law, and Islamic law or Sharia. This mix of legal traditions has influenced the country's legislation and judicial practices.
British common law has had a significant influence on Kuwait's legal system. During the country's history, particularly during periods of colonial rule or influence, British legal principles and precedents may have been adopted or adapted to form the foundation of Kuwait's legal framework. Common law traditions contribute to the overall structure and process of the Kuwaiti legal system.
French civil law also plays a crucial role in Kuwait's legal landscape. The country's civil law system is modelled after the French legal system, incorporating codified laws and a structured judicial process. This means that Kuwait's laws are written down and organised into comprehensive legal codes, providing clarity and accessibility to legal practitioners and citizens alike.
Egyptian civil law has also left its mark on Kuwait's legal traditions. The influence of Egyptian legal principles and the presence of Egyptian judges in Kuwait's courts contribute to this aspect of the country's legal system. Egyptian civil law may have been adopted due to shared cultural, historical, or regional connections, ensuring that the laws are relevant and responsive to the specific context of the region.
Lastly, Islamic law, or Sharia, is recognised as one of the main sources of legislation in Kuwait. While the country's legal system is largely secular, with Sharia governing family law for Muslim residents, Islam is established as the state religion in the Kuwaiti Constitution. This recognition of Islamic law ensures that certain aspects of Sharia are incorporated into the legal framework, particularly concerning personal status and family-related matters for the Muslim population.
The combination of these diverse legal traditions has shaped Kuwait's unique legal system, reflecting historical influences, cultural considerations, and the country's commitment to adapting and modernising its laws to suit the needs of its citizens and residents.
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The Kuwaiti court system is divided into six divisions: family, criminal, civil, commercial, leases, and administrative
The judiciary is structured into three levels, with the Courts of First Instance at the base of the hierarchy. These courts handle civil, commercial, personal status, and penal matters separately. The Courts of Appeal, which sit in panels of three judges, serve as both intermediate and final courts of appeal. The Court of Cassation, added to the system in 1990, sits at the apex of the Kuwaiti judiciary and serves as the final court of appeal. It is divided into Commercial, Civil, and Criminal Boards, and while its judgments are not legally binding on the lower courts, they are usually respected.
The major legal codifications in Kuwait include the Civil Code, the Code of Civil Procedure, the Commercial Code, the Penal Code, and the Code of Criminal Procedure. The Islamic system of law, known as Sharia Law, is derived from the Holy Koran, Sunnah, Qiyas, and Ijma. Sharia law deals with personal and family issues and includes detailed rules on how businesses should be carried out. Any business activity that is fair, beneficial to both parties, and transacted by mutual consent is considered lawful.
Kuwait's legal system also incorporates elements from the Ottoman system. The country's legislation is based on Sharia, with roughly half of its judges being non-citizens, mainly Egyptians. The non-citizen judges are on one- to three-year contracts. The Constitution of Kuwait stipulates that judges are independent and cannot be removed from office except in cases specified by law. The independence of the judiciary is protected by law against interference from other authorities.
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The Kuwaiti Constitution combines positive aspects of both presidential and parliamentary forms of government
The Kuwaiti Constitution provides for an independent judiciary, with judges protected by law against interference from other authorities. The judiciary is structured into three levels, with the Courts of First Instance at the base, the Courts of Appeal in the middle, and the Court of Cassation at the apex. The Constitution also grants citizens social rights, which form the basis for Kuwait's welfare system. The state is constitutionally obligated to care for the young, aid the old, the ill, and the disabled, provide public education, and attend to public health.
The head of state is the Emir or Sheikh, a hereditary office. The Emir has the power to propose amendments to the Constitution, but these must be approved by more than two-thirds of the members of the National Assembly. The National Assembly, which consists of fifty elected members chosen in elections held every four years, has the power to dismiss the Prime Minister or any member of the cabinet through a series of constitutional procedures.
Kuwait's system of government is a mix of presidential and parliamentary forms, with the Constitution providing checks and balances to ensure the protection of citizens' rights and the smooth functioning of the government. The Constitution combines the positive aspects of both systems, aiming to create a democratic and just society.
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The Kuwaiti judiciary is structured across three levels: Courts of First Instance, Courts of Appeal, and the Court of Cassation
The Courts of First Instance are at the base of the hierarchy. They handle civil, commercial, personal status, and penal matters separately. Judgments in cases involving misdemeanours punishable by less than three years of imprisonment or fines of fewer than 250 Kuwaiti dinars cannot be appealed to a higher-level court. Commercial and civil judgments involving fines of less than 1000 dinars are final.
The Courts of Appeal serve as both intermediate and final courts of appeal. They sit in panels of three judges and hand down semi-final rulings.
The Court of Cassation, incorporated into the system in 1990, is the apex court in the hierarchy and renders final rulings. It is divided into Commercial, Civil, and Criminal Boards. The Court’s judgments are not legally binding on the lower courts, but they are usually respected.
Kuwait's legal system is a mix of British common law, French civil law, Egyptian civil law, and Islamic law. The Kuwaiti Constitution of 1962 provides for an independent judiciary, and Law No. 19 of 1959 (amended in Law No. 19 of 1990) regulates the organisation and functioning of the judiciary.
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Islamic law, or Sharia, is the most widespread type of religious law
Kuwait's legal system is a mix of British common law, French civil law, Egyptian civil law, and Islamic law. Islamic law, or Sharia, is the most widespread type of religious law, enforced in over 30 countries, particularly in the Near East, but also in Central and South Asia, Africa, and Indonesia.
Sharia is derived from two main sources: the Quran, which is considered the direct word of God, and hadith—thousands of sayings and practices attributed to the Prophet Mohammed that collectively form the Sunna. In Islam, Sharia refers to the divine counsel that Muslims follow to live moral lives and grow close to God. It is the ideal form of divine guidance that Muslims follow to live righteous lives.
Sharia is the basis of legal opinions called fatwas, issued by Muslim scholars in response to requests from individual Muslims or governments seeking guidance on specific issues. While some of the practices of Sharia have been deemed incompatible with human rights, gender equality, and freedom of speech and expression, the rules are largely retained in the family laws and penalties of some Muslim-majority countries.
In many countries, Islamic law operates in tandem with a civil law system. Most of the world's nearly fifty Muslim-majority countries have laws that reference Sharia, and most Muslims worldwide follow aspects of Sharia in their private religious practices. There is great diversity in how governments interpret and apply Sharia, and it is often misunderstood.
Sharia has been elaborated and developed over the centuries by legal opinions issued by qualified jurists, reflecting the tendencies of different schools, and integrated with various economic, penal, and administrative laws issued by Muslim rulers.
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Frequently asked questions
Kuwait's legal system is a mix of British common law, French civil law, Egyptian civil law, and Islamic law.
Islamic law, also known as Sharia law, is the most widespread type of religious law and is the legal system enforced in over 30 countries, particularly in the Near East, but also in Central and South Asia, Africa, and Indonesia.
Civil law is one of the five main types of legal systems, along with common law, customary law, mixed or pluralistic law, and religious law. Examples of civil law include French law, the Napoleonic Code, Roman law, Roman-Dutch law, and Spanish law.
Common law is one of the five main types of legal systems and includes United States law. Common law systems are usually based on English common law, which is the legal system used in England and Wales.
The court system in Kuwait is divided into six main divisions: family, criminal, civil, commercial, leases, and administrative. There are three levels of tribunals: The Courts of First Instance, The Higher Court of Appeal, and The Court of Cassation.
