The personal status law in Kuwait is the law that regulates personal status matters such as marriage, divorce, custody, and inheritance. This law is based on Islamic law and is considered among the strictest personal status laws in the Gulf region.
In recent years, calls have emerged to reform Kuwait’s personal status law, in order to keep pace with social and economic developments and to achieve greater equality and rights for women. However, these calls have faced resistance from the government so far.
The Personal Status Law in Kuwait is the legal framework that regulates the affairs of the individual and family in Kuwaiti society comprehensively. The law begins to regulate the stages of the individual’s life since his birth, and includes naming and regulating cases of non-discrimination, eligibility, stages of discrimination, adulthood and adulthood. The law also deals with marriage and having children, and regulates marriage affairs, including the conditions of competence and its legal effects. Moreover, the law deals with death matters, inheritance provisions, inheritance and how to distribute inheritance among the heirs and deal with legal issues after the death of the person.
The Personal Status Law in Kuwait, which was issued by Law No. 51 of 1984, has been amended several times by Laws No. 61 of 1996, No. 29 of 2004, and No. 66 of 2007, as well as the Law on Procedures for Linsuits and Name Correction. This law deals with all matters related to the family, which is the main pillar of building society in Kuwait.
1. Childbearing and registering children: The law regulates the procedures for registering births and establishing descent, and determines the rights and duties of parents towards children.
2. Guardianship or guardianship of children: The law establishes provisions for guardianship and guardianship of children, and regulates the legal care and protection of them.
3. Discrimination between spouses: The law stipulates the conditions and procedures for divorce and judicial dismissal, and regulates the provisions of maintenance and custody of children after separation.
In short, the Personal Status Law in Kuwait covers all aspects related to the family from the beginning of marriage to all matters that may arise between individuals, which enhances the stability and development of the family and society in general.
In the Kuwaiti Personal Status Law, the provisions of marriage are strictly regulated, as marriage is considered a contract between a man and a woman, and the contract includes housing, immunity and the strength of the nation.The elements of marriage in Kuwaiti law require affirmation from the wife’s guardian and acceptance from the husband, and it is provided that it is done in words that mean marriage, with each of the suitors understanding what is meant by these words is marriage.The law also regulates the issues of life and temporary sanctities, the eligibility necessary for marriage, and the conditions of competence for marriage. The law distinguishes between the types of marriage, such as the right marriage and the wrong marriage, and determines the effects of marriage such as dowry, the device, the home’s and the marital alimony.
The Kuwaiti Personal Status Law determines the types of divorce and how to apply them, and regulates all matters related to divorce and division by the judiciary, in addition to the provisions of descent, breastfeeding and custody. Here is the detailed explanation:
Retroactive divorce: The husband declares divorce in explicit words, and it is effective immediately after the end of the divorce kit.
The divorce is a minor court: It is carried out by means of a lawsuit filed by the wife before the court, in which it proves an acceptable legitimate reason that leads to the dissolution of the marriage.
Divorce is a major case: It is also done by means of a lawsuit, but the reasons are more serious and complicated, which requires the final dissolution of the marriage.
The law explained how the divorce took place in explicit words and when it was completed, all issues related to the removal between the spouses and the necessary conditions for this, and the division by the judiciary through the divorce of the spouses for the necessary reasons, which are damage and discord, or the husband’s non-expenditure.
The Kuwaiti legislator regulated the issue of self-warteem, which is the authority that the person authorized to care for and supervise another person in the event that he is unable to manage his personal affairs, and the guardianship over himself is as follows:
– Father: The first guardian is on himself.
– The grandfather: If the father is unable to guard.
– Self-nervous according to the order of inheritance: If there is no father or grandfather, the guardian is determined according to the order of inheritance.
– The guardian must have psychological and financial stability that enables him to perform the necessary duties.
Have the legal competence to perform the functions of the state.
– To have a reliable origin and a good reputation.
The will is the disposal of a person in his post-death legacy, and is regulated by the personal status laws in Kuwait as follows:
– Conditions for the validity of the will: The trusteer must be reasonable and have the ability to perform the will at the time of its make.
– Conditions to be met in the trusteer: The testator must be able to make the will and have the legal capacity to do so.
When the will is valid and when it is invalid, and when it is suspended on the leave of the rest of the heirs:
– Validity of the will: The will is valid if it complies with the mentioned conditions and does not contradict the provisions of the law.
– Invalidity of the will: The will can be invalidated in the event of defects or unmet conditions.
– Suspension of the will on the heirs’ leave: If one of the heirs objects to the will, it can be suspended until the dispute is resolved.
In this way, the Kuwaiti Personal Status Law provides a precise legal framework for regulating guardianship and guardianship matters, while securing the rights of individuals and ensuring justice in post-mortem actions.
The Kuwaiti Personal Status Law determines how to distribute the inheritance after the death of the heir to the heirs as follows:
1. Costs of preparing the dead for burial and funeral ceremonies.
2. Repayment of premium debts before normal debts.
3. Execution of existing commandments.
4. Distribution of the remaining estate among the heirs.
The law determines the conditions for inheritance entitlement, so that the person is inherited if he is alive at the time of the heir’s death, and intentionally prohibits criminals from benefiting from the inheritance. The inheritance is distributed based on the shares of the holders of the asses and the leagues, and the surrogacy are classified according to degrees of kinship.
