Legal System in Kuwait

The Kuwaiti legal system like any other developed nation is based on the constitution. The constitutional law is considered as pivotal and the most sublime law, which clearly defines the State structure, the governing system, the hierarchy of the governing bodies and the rights and duties of its citizen.

The State of Kuwait follows the civil law system with Islamic law significant in personal matters and has not accepted compulsory ICJ jurisdiction. Kuwait legal system gives a very prominent position to the civil laws of the country and therefore it will fill the lacunae of any substantive law if there is confusion.

The State of Kuwait has legislations to protect the investment in Kuwait and because of this reason Kuwait possesses a robust economic structure suitable for its investors.

The legal system of Kuwait is a concoction of British common law, French civil law, Islamic Sharia law, and Egyptian law. Kuwaiti Constitution of 1962 provides for an independent judiciary, and Law No. 19 of 1959 (amended in Law No. 19 of 1990) regulates the organization and functioning of the judiciary. The legal system comprises of the Civil Code, the Commercial Code, the Penal Code, and the Code of Criminal Procedure, contained in Law No. 17 of 1960. However, Article 2 of the Constitution provides that Islamic Sharia forms a major source of legislation but it does not prescribe stringent adherence to the principles of Sharia.

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Abdulrazzaq Abdullah & Partners Law Firm
P.O.Box 22880, Safat 13089
Dasman Complex, Block 1, Floor 3
Kuwait City, Sharque
Kuwait
Tel: +965-22449909
Fax: +965-22469357
Email : info@arazzaqlaw.com
Website: www.arazzaqlaw.com

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