Legal System

THE LAW IN KUWAIT

The Kuwaiti legal system is based on the constitution. The constitutional law defines the state’s structure, the governing system, the hierarchy of the governing bodies, and the rights and duties of its citizens.

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

The State of Kuwait has legislation to protect foreign investment and that’s why Kuwait possesses a robust economic structure suitable for investors.

The legal system of Kuwait is a blend of British common law, French civil law, Islamic Sharia law, and Egyptian 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 organization and functioning of the judiciary.

The legal system comprises 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.

Legal System

KUWAIT’S JUDICIAL SYSTEM

ARBITRATION PROTECTION

COMMERCIAL INTERESTS

FOREIGN JUDGEMENTS ENFORCEMENT

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