The legal landscape of Kuwait, nestled in the heart of the Middle East, is a unique blend of civil and Islamic law. At the core of this intricate system lies the Constitution of Kuwait, which was established in 1962 and serves as the primary source of legislation. It outlines the rights and duties of both citizens and the government, and outlines the structure of government and the judiciary.
The Kuwaiti judiciary, known for its independence, is comprised of several courts, including the prestigious Court of Cassation – the highest court in the land, charged with hearing appeals in all civil and criminal cases. Second in line is the Court of Appeals, which reviews cases originating from the lower courts. These lower courts, consisting of the Court of First Instance and the Juvenile Court, round out the judicial hierarchy.
Incorporated into the Kuwaiti legal system is Islamic law, founded upon the principles of the Quran and the teachings of the Prophet Muhammad. This form of law is applied to personal status issues such as marriage, divorce, and inheritance and is overseen by the Islamic Affairs Ministry and the Islamic law courts.
Business activities in Kuwait are regulated by commercial law, with the Commercial Law of 1980 as the main governing document. It encompasses areas such as company registration, business operation, contract formation, and protection of intellectual property.
The rights and responsibilities of employers and employees are outlined by the Labor Law of 2010, which regulates the labor market in Kuwait. The law covers topics like minimum wage, working hours, leaves, and termination of employment.
Finally, Kuwait has strict laws in place to criminalize actions such as drug trafficking, money laundering, and terrorism.
In conclusion, the legal system in Kuwait is a harmonious fusion of civil and Islamic law, anchored by the Constitution and overseen by an independent judiciary. It encompasses commercial and labor law, as well as laws aimed at combating criminal activity.
