This Country Profile provides a basic overview of the legal history and institutional structures of the State of Kuwait (Dawlat al Kuwayt), based on research produced by GlobaLex at NYU Law School and the Library of Congress. Under Kuwait's Constitution, Islamic law (sharīʿa or fiqh) is a principle source of legislation.
Country Background
Kuwait is a country located in the Middle East, bordering the Persian Gulf. It is bounded by Iraq and Saudi Arabia. The capital of Kuwait is Kuwait City. The official language is Arabic. The country’s population in 2017 was approximately 2.9 million. The official religion of Kuwait is Islam. Kuwait is a predominantly Muslim country, with about 77% of the population Muslim and 17% Christian. Approximately 69% (2013 est.) of Kuwait's population consists of immigrants. Kuwait also has one of the highest Human Development Index scores of all Arab countries, and in fact, Kuwaiti women outnumber men in the workforce. Kuwait is a member state of the Organisation of Islamic Cooperation and Arab League.
Constitution & Legal Structure
Kuwait is referred to as a constitutional monarchy, in which the Constitution is the supreme law of the land. After gaining its independence from Great Britain in 1961, Kuwait adopted its current Constitution in 1962, which draws from both Western and Arab influences. It was the first of the Arab Gulf countries to establish a constitution and parliament. The Constitution is based on principles of democracy, including sovereignty of the nation, freedom of the citizen, and equality of all citizens before the law. The system of government is based on principles of separation and checks and balances and has three authorities: legislative, executive, and judicial. The Emir is the ruler of the country and head of all three branches of government. Laws enacted by the National Assembly must be approved by the Emir. People choose the assembly members every four years through democratic elections. The legal system of Kuwait is a mixed legal system consisting of British common law, French civil law, Islamic legal principles, and Egyptian law.
Constitutional Status of Islamic Law
Islamic law is referenced throughout the Constitution of Kuwait, including Islam being the official religion and sharīʿa a principal source of legislation. Specifically, Article 2 of the Kuwaiti Constitution states, “Its [Kuwait's] religion is Islam and Islamic law shall be a main source of legislation."
Jurisdiction(s) of Islamic Law
Article 2 of the Kuwaiti Constitution designates Islamic law as the primary source of legislation. Islamic law has particular importance in matters of personal status. Furthermore, in family court, the testimony of a woman is worth half of that of a man.
Dominant School of Islamic Law
Although Islamic law is a primary source of law in Kuwait, there is no official school of Islamic law. For the country's Sunnī majority, matters of personal status are judged based on the Mālikī school. For Shīʿīs, their own school regulates personal status.
Sources of Law for Legal Research
Official Publications
Unofficial Databases
References:
For an extended list of legal resources for this country, see the Library of Congress’s Research Guide, and for a narrative review, see the GlobaLex Foreign Law Research Guide (most updated version, where available). The Constitution is available in the LOC Guide in its original language and at Constitute in English translation. For full versions of past constitutions, amendments, and related legislation, see HeinOnline World Constitutions Illustrated or Oxford Constitutions of the World [subscription required for each].