THE LEGAL SYSTEM OF KUWAIT

The legal system of Kuwait reflects the political, economic and social schemes adopted by the state for the welfare of its society.

According to the Constitution, Islam is "a" main source of legislation and not "the" main source. Therefore, the legal system is based on the Latin Civil Law, which is highly affected by the Egyptian law that is mostly derived from the French law. Nonetheless, the Islamic Sharia is fully applied in family law matters.

Unlike the Common Law system, all laws and regulations in Kuwait are codified, and precedents play a minor role in the system.

Judicial Structure in the State of Kuwait:

Judicature in Kuwait functions in conformity with the Amiri Decree No. 19/1959. Lawsuits commence before the first-degree court, the Court of First Instance, and the next higher court is the second-degree court, the Court of Appeal. The Supreme Court (Court of Cassation) presides over this hierarchy.

The Courts of First Instance and Appeal comprise of three judges, and they are divided into a number of circuits. Each circuit is delegated to a specific branch of law and lawsuits thereof, such as the Administrative Circuit, Civil Circuit, Commercial Circuit, Family Law Circuit, Labor Circuit, and Leases Circuit.

The Supreme Court also consists of circuits competent to try writs of challenge filed in respect to civil, commercial, family law, penal, and administrative subject matters. Each circuit is presided by the court's head, his deputy or a senior Consultant. A panel of five Consultants passes the judgments.

In addition, the Constitutional Court acts as a judicial review court to examine the constitutionality of laws. The court consists of five Consultants, and its judgments are binding upon the State and all other courts of law.

Judges in Kuwait are identified as juristic persons whose culture and knowledge have been academically attained. Along the side of judges, members of the Public Prosecution affiliate closely and are entrusted with defending the public interests of the community. Both judges and public prosecutors are appointed through a decree in accordance with the proposal of the Minister of Justice.

The Higher Judicial Council is a body consulted for its opinion in respect of the appointment of judges and members of the Public Prosecution. The Council comprises of the Head of the Court of Cassation, Deputy of the Court of Cassation, Head of the Court of Appeal, Public Prosecutor, Undersecretary of the Ministry of Justice, Deputy of the Supreme Court of Appeal, and the Head of the Court of First Instance.

The system of the State of Kuwait is based on the separation of powers. Article 50 of the Constitution provides that "The system of Government is based on the principle of separation of powers functioning in cooperation with each other in accordance with the provisions specified in this Constitution".

Jurisprudence Sources:

Jurisprudence in Kuwait is derived from legislations, customs, and jurisprudential opinions of judges based on legal precedents and jurisprudence in general.

Fundamental Laws:

Amongst the laws of Kuwait is the Civil Law, which is rather the spinal cord of all other laws for any and every instance or matter not regulated in such laws. The Penal Code is also a fundamental law in Kuwait that includes the general provisions applicable to crimes, penalties and culpable acts. Corporate and Commercial Laws play in addition significant rolls in regulating the dynamic economy and commerce of the state. The Code of Civil and Commercial Procedures, the Law of Evidence and the Law of Criminal Procedures further contribute to these fundamental laws.