Jump to the next navigation bar : Jump to the page contents
About Globalex

Update: Overview of the Kuwait Legal System

By Dr Ahmed Aly Khedr

Dr. Khedr is a Faculty of Law School, Taibah University and Adviser of Corporate Affairs. He holds LLB, BA of Police Science, LLM in International Commerce and PhD Highest Class with honor in Commercial Law Major in Corporate Law and Corporate Governance from Ain Shams University; he has visited many universities and the Corporate Governance center in the United States and Europe such as Harvard, Yale, NYU, and Colombia. He holds Professional Education in Business Management , Corporate Restructuring, Mergers & and Acquisitions from Harvard University, professional (TOT) in Corporate Governance from (IFC) World Bank Group, In addition he has more than 25 professional Courses and certifications relevant to Mediation, Compliance, AML/CFT, Development & Management, Computer and Information Security and Management of safety. Dr. Khedr has 15 years' experience as Lecturer of Law and Corporate Affairs; He is interested in (Commercial & Corporate Laws, Int. Commerce Law, Corporate Governance & Compliance Systems, M&A, Financial Crimes, Consumer Law, AML, Mediation, Commercial Contracts, Investor Relations and CSR). He has published research and books on these topics in periodicals and scientific journals. Dr. Khedr experience started with Corporate Affairs in 1992, through Combat Crimes of corporate, banks and Capital Market. Then training and consulting in the field of Corporate Affairs. Since 2004, he has provided consulting in Corporate Affairs to many firms in MENA and USA. He has a large experience in the Middle East and Gulf area for provide Consulting to several multinational and local companies in MENA, especially Egypt and Gulf . The ABCCG (Abu Dhabi Chamber of Commerce & Industry) chose him for designing the first "Corporate Governance Program for Lawyers & Corporate Advisory” in UAE and Arab Region. Ahmed has been selected as a member of the workgroup for establishing College of Law, Taibah University in the Kingdom of Saudi Arabia. Dr. Khedr is a member of ECGI, UIA, ALU, ESIL, ESPESL, SLS, IACL, HUMA and HAAA.

 

Published November/December 2012
See the Archive Version

 

Table of Contents

 I. Introduction and General History

    1. Introduction

    2. History of Kuwait

        2.1. Ancient History

        2.2. Modern History and Gulf War

        2.3. Historical Timeline

II. Kuwait Regime

III. The Kuwait Legal System

1. The Basic System

        1.1. Issuance and Amendment of the Constitution

        1.2. The values of justice and Special Note Regarding Legal Research

            1.2.1. Issuing laws

            1.2.2. Conclusion of Treaties and Agreements

    2. The Governance

        2.1. The H.H. Amir

        2.2. Crown Prince

        2.3. Deputy Amir

IV. The Authorities of the State

    1. The Executive Authority

        1.1. The Amir

            1.1.1. Functions of the Amir

        1.2. The Cabinet 

            1.2.1. Functions of the Cabinet

            1.2.2. The Prime Minister

            1.2.3. The Ministers

        1.3 Amiri Diwan

        1.4. Higher Advisory Councils

        1.5. The Governorates

        1.6. The Municipality

    2. The Legislative Authority

        2.1. The Administrative Structure of National Assembly

        2.2. The Functions

        2.3. Sessions and Dissolution

        2.4. General Secretariat

        2.5. The Sessions and Procedures

        2.6. The Committee Structures and Membership

        2.7. The Legislative Drafting Processes

    3. The Judicial Authority

        3.1. The Judicial Structure and Court System

        3.2. Supreme Court  

        3.3. The jurisdiction of Constitutionality

        3.4. The jurisdiction of Administrative Disputes   

        3.5. The jurisdiction of Military Tribunals

        3.6. Special Bodies

        3.7. Public Prosecution  

V. University Education and Research

    1. Higher Education

        1.1Other Institutes

VI. Quick Links Research

        1.1. Legal links

        1.2. Government links

        1.3. Education links

        1.4. Finance and Economy links

        1.5. Authorities and Institutions links

        1.6 Additional Links

   

 

I. Introduction and General History

 

1. Introduction

The State of Kuwait is a sovereign Arab emirate situated in the northeast of the Arabian Peninsula in Western Asia. Kuwait lays in the north west of the Arabian Gulf, between latitudes 28.30 and 30.06 north, and longitudes 46.30 and 49.00 east. Its north-west borders are with Iraq, and its south and south-west borders are with Saudi Arabia. Its shores of the Arabian Gulf lie on the west. This special location provided Kuwait with a commercial importance. It is a natural outlet for northwestern part of the Arab Peninsula. The total area of Kuwait is 17,818 square Kilometers.

The official language of Kuwait is Arabic and Islam is the official religion of Kuwait. Freedom of religion is guaranteed to the adherents of other religions, provided that no prejudice may occur against Islam. The State of Kuwait is one of the Gulf Cooperation Council.

The Bani Utbah tribes were the first settlers in the region and laid the foundation of the emirate. By 19th century, Kuwait came under the influence of the Ottoman Empire and after the World War I; it emerged as an independent sheikhdom under the protection of the British Empire. Kuwait's large oil fields were discovered in the late 1930s. After it gained independence from the United Kingdom in 1961, the nation's oil industry saw unprecedented growth. In 1990, Kuwait was invaded and annexed by neighboring Iraq. The seven month-long Iraqi occupation came to an end after a direct military intervention by international community forces and United States-led forces. Kuwaiti oil wells were set ablaze by the retreating Iraqi army resulting in a major environmental and economic catastrophe. Kuwait's infrastructure was badly damaged during the war and had to be rebuilt.

In June 30, 2008, the population of Kuwait was estimated at 3.328.136 persons according to the Central Statistical office. In this census, the number of Kuwaitis reached 1.038.598, while the rest were non-Kuwaitis and foreigners.

Administrative divisions: the State of Kuwait is divided into many districts around the capital, Farwaniya, Al-Ahmadi, Mubarak Al-Kabir and Jahra, Hawali.

There are nine islands off the coast of Kuwait: Failaka, Bubiyan, Miskan, Warba, Auhha, Umm Al-Maradim, Umm Al-Naml, Kubbar and Qaruh.

The official currency of Kuwait is Kuwaiti Dinar.

 

The major cities are the capital Kuwait City and Jahrah. The main residential and commercial areas are Salmiya and Hawalli. The main industrial area is Shuwaikh within the Al Asimah Governorate. The main palace is the As-Seef Palace in the old part of Kuwait City where the Emir runs the daily matters of the country and the government headquarters are in the Bayan Palace and the Emir lives in Dar Salwa.

 

Kuwait is a constitutional monarchy with a parliamentary system of government, with Kuwait City serving as the country's political and economic capital. Kuwait is one of the world countries to have the big largest oil reserves and is one of the richest countries in the world per capita. Petroleum and petroleum products now account for nearly 95% of export revenues, and 80% of government income. Kuwait is regarded as one of the most economically developed countries in the Arab League.

 

2. History of Kuwait

2.1. Ancient History

In the 4th century BC, the ancient Macedonians colonized an island on Kuwait's coast, now known as Failaka, and named it "Ikaros". Earliest recorded history of the State of Kuwait goes back to the year 1613. Tribes from central Arabia settled in Kuwait in the 17th-century after experiencing a massive drought in their native land. Kuwait would later emerge as a major center for the spice trade between India and Europe. By late 18th-century, most of the local people made a living selling pearls.

In 1756, the people elected Sabah I bin Jaber as the first emir of Kuwait. The current ruling family of Kuwait, al-Sabah, are descendants of Sabah I. During the rule of the Al-Sabah, Kuwait progressively became a center of trade and commerce. It served as a hub of trade between India, the horn of Africa, the Nejd, Mesopotamia and the Levant. Up until the advent of Japanese pearl farming, Kuwait had one of the largest sea fleets in the Gulf region and a flourishing pearling industry. Trade consisted mainly of pearls, wood, spices, dates and horses.

2.2. Modern History and Gulf War                                                 

As the influence of the Ottoman Empire increased in the region, Kuwait was assigned the status of a caza of the Ottomans. After the signing of the Anglo-Ottoman Convention of 1913, the then Amir of Kuwait, Mubarak Al-Sabah, was diplomatically recognized by both the Ottomans and British as the ruler of the autonomous caza of the city of Kuwait and the hinterlands. The 1922 Treaty of Uqair set Kuwait's border with Saudi Arabia and also established the Saudi-Kuwaiti neutral zone, an area of about 5,180 km adjoining Kuwait's southern border.

Oil was first discovered in Kuwait in the 1930s and the government became more proactive in establishing internationally recognized boundaries. After World War I, the Ottoman Empire was financially crippled and the invading British Indian Army invalidated the Anglo-Ottoman Convention, declaring Kuwait to be an "independent sheikdom under British protectorate".

On 19 June 1961, Kuwait became fully independent following an exchange of notes between the United Kingdom and the then Amir of Kuwait, Abdullah Al-Salim Al-Sabah. The Gulf rupee, issued by the Reserve Bank of India, was replaced by the Kuwaiti dinar. The discovery of large oil fields, such as the Burgan field, triggered a large influx of foreign investments into Kuwait. The massive growth of the petroleum industry transformed Kuwait into one of the richest countries in the Arabian Peninsula and by 1952; the country became the largest exporter of oil in the Gulf region. This massive growth attracted many foreign workers, especially from Egypt and India.

Kuwait settled its boundary disputes with Saudi Arabia and agreed on sharing equally the neutral zone's petroleum reserves, onshore and offshore. After a brief stand-off over boundary issues, Iraq formally recognized Kuwait's independence and its borders in October 1963. During the 1970s, the Kuwaiti government nationalized the Kuwait Oil Company, ending its partnership with Gulf Oil and British Petroleum.

In 1982, Kuwait experienced a major economic crisis after the Souk Al-Manakh stock market crash and the following decrease in oil price. However, the crisis was short-lived as Kuwait's oil production increased steadily to fill the gap caused by decrease in Iraq's and Iran's oil production levels following the events of the Iran–Iraq War. In 1983, a series of bomb explosions took place in Kuwait killing some people. The attack was carried out by Shiite Dawa Party as retaliation against Kuwait's financial support to Iraq during its war with Iran. Kuwait had heavily funded Iraq's eight year-long war with Iran. After the war ended, Kuwait declined an Iraqi request to forgive its US$65 billion debt. An economic warfare between the two countries followed after Kuwait increased its oil production by 40 percent. Tensions between the two countries increased further after Iraq alleged that Kuwait was slant drilling oil from its share of the Rumaila field.

On 2 August, 1990 Iraqi forces invaded and annexed Kuwait. Saddam Hussein, then President of Iraq, deposed the emir of Kuwait, Jaber Al-Sabah, and installed Ali Hassan al-Majid as the new governor of Kuwait. After a series of failed diplomatic negotiations, the United States-led coalition of thirty-four nations fought the  Gulf War to remove the Iraqi forces from Kuwait. On February 26, 1991, the coalition succeeded in driving out the Iraqi forces and restoring the Kuwaiti emir to power.

During their retreat, the Iraqi armed forces carried out a scorched earth policy by damaging many oil wells in Kuwait, which were set on fire. Oil and soot accumulation had affected the entire Gulf region. The fires took more than nine months to extinguish and it took Kuwait more than 2 years and about US$50 billion in infrastructure reconstruction to reach pre-invasion oil output. Kuwait has since largely recovered from the socio-economic, environmental, and public health effects of the Gulf War.

2.3. Historical Timeline

  • 1914: Kuwait becomes an independent state under British protection.
  • 1922: Kuwait-Saudi Arabia relations are established with the Treaty of Uqair.
  • 1961: Kuwait announces its complete independence and is threatened by Iraq, but it is helped by Great Britain sending troops.
  • 23 Jan 1962: First elections to the National Assembly.
  • 14 May 1962: Kuwait becomes the 111th member of the UN. 
  • 11 Nov 1962: Promulgation of the 1962 Constitution.
  • 4 Dec 1965: Shaikh Sabah al-Salem succeeds his brother as Amir.
  • 23 Jan 1971: Nationalist Party under Ahmedal Khatib wins 10 seats in parliamentary elections.
  • 1976: During recess, the National Assembly is dissolved and constitutional provisions about re-election and the freedom of the press are suspended.
  • 8 Feb 1978: A new government under the Heir apparent and Prime Minister is formed after Shaikh Jabir al-Ahmad becomes the new Amir.
  • 23 Feb 1981: During parliamentary elections, pro-government candidates win an overwhelming majority and convene in a new National Assembly.
  • 19 Jan 1982: Female Suffrage is refused following recommendation of a government committee.
  • 11 July 1985: After bomb attacks on cafes in Kuwait City, an anti-subversion bill threatens death penalty for all bombing terrorists.
  • 3 July 1986: The Amir Jabir al-Ahmad by decree suspends constitutional rights (political and press activity), dissolves the National Assembly, has Crown Prince Saad al-Abdullah form a new government, and announces the government by decree.
  • 31 Aug 1986: The Amir by decree dissolves the municipal councils.
  • July 1990: Iraq, under President Saddam Hussein, stresses that its border disputes with Kuwait were never solved and Kuwait undermines Iraqi exports by not meeting OPEC quotas. 
  • 2 Aug 1990: Iraq invades Kuwait; on the same day, the UN Security Council passes Resolution 660 condemning the invasion.
  • 28 Aug 1990: Kuwait is declared the 19th province of Iraq. 
  • 13 Oct 1990: The exiled government of Amir and Crown Prince promises to consolidate the Constitution by reactivating political and communication rights.
  • 16 Jan to 28 Feb 1991: 'Operation Desert Storm' forces Iraq to comply with UN resolutions and reinstates the Kuwaiti government of the al-Sabah family. 

II. Kuwait Regime

Kuwait is an independent country with a constitution. It has a democratic amiri regime. His Highness the Amir of the State is the ruler of the country. Kuwait National Assembly must enact country laws. The assembly members are chosen by people every 4 years through free and fair elections. Authorities in Kuwait are divided into legislative, executive and judiciary and the Amir is the head of the authorities. Pursuant to Kuwait Constitution, no parties might be formed despite the existence of parliamentary blocs. Kuwait's system of government is monarchical and constitutional. It derives its legitimacy from Kuwait Constitution. Hence, the authority is transferred between the members of the ruling family; the family of Mubarak Al-Sabah. The title of Kuwait ruler is Amir and he rules through the cabinet. Decrees are not executed unless approved by the Amir. Only the Amir can issue pardons. Kuwait government system is both parliamentary and presidential; as all laws enacted by Kuwait National Assembly are not valid until signed by the Amir within one month. After the month, if they are not signed, they are in force same as being signed. If laws and legislations are returned to the Assembly; then approved, they become in force without Amir signature.

 

III. The Kuwait Legal System

Shari’a (Islamic law) is the main source of legislations. The Articles (1:3) of permanent Constitution of the state of Kuwait state that “Kuwait is an Arab State, independent and fully sovereign.  Neither its sovereignty nor any part of its territory may be relinquished.  The people of Kuwait are a part of the Arab Nation. Its religion is Islam and Shari’a law (Islamic Religious Law) is main source of its legislations. Its political system is democratic. The Arabic language shall be its official language”.

The legal system of Kuwait is an amalgam of British common law, French civil law, Islamic legal principles, and Egyptian law.

1. The Basic System

Constitutional Background

Kuwait's 1962 Constitution draws on both Western and Arab models. However, women do not have a right to vote and the freedom of association does not include the foundation of political parties. Constitutional guarantees have been frequently suspended by Amiri decree.  However, after the 1990 invasion of Iraqi forces, the 1991 'Operation Desert Storm' reinstated the Kuwaiti government of the al-Sabah family.

Kuwait's Constitution combines the positive aspects of both presidential and parliamentary forms of government. It is based on principles of democracy - on the sovereignty of the nation, freedom of the citizen and on equality of all citizens in the eyes of the law.

Kuwait is a fully independent Arab State with a democratic style of government, where sovereignty rests with the nation, which is the source of power." As prescribed by the constitution, the system of government is based on the separation of powers, although co-operation is required by the Constitution. The legislative authority is vested in the Amir and the national Assembly, while executive power is vested exclusively in the Amir and his Cabinet and Ministers.

 

1.1. Issuance and Amendment of the Constitution

The constitution of Kuwait was laid down by a constituent assembly of 20 members elected by people. 11 ministers were added to them from outside the assembly. These ministers refrained to vote on the constitution articles while being passed in the constituent assembly as they wished for the elected members alone to do so. Preparation and discussion of the articles of constitution took almost 6 months. On 11/1/1962, the will of Kuwait's Amir, the deceased Sheikh Abdullah Al Salem Al-Sabah, corresponded with that of people's representatives and ratified the draft constitution as the representatives drew it without any amendment to its articles. The constitution came into force on 29/1/1963 when the first Kuwaiti National Assembly convened.

 

The Kuwaiti Constitution, comprising 183 articles is divided into five parts:

  • The state and the system of government
  • Fundamental constituents of the Kuwaiti society
  • Public rights and duties
  • Powers
  • General and transitional provisions

By Article 174 of Permanent Constitution, The Amir or one-third of the members of the National Assembly have the right to propose a revision of the Constitution by amending or deleting one or more of its provisions or by adding new provisions. If the Amir and the majority of the members constituting the National Assembly approve the principle of revision and its subject matter, the Assembly debates the bill article by article. The amendment shall be passed by a two-thirds majority of the Members of the Council. The revision comes into force only after being sanctioned and promulgated by the Amir regardless of the provisions of Articles 65 and 66. If, on the other hand, the proposal for amendment is rejected in principle or in subject, it may not be re-introduced before the lapse of one year from the date of its rejection. The amendment to this Constitution cannot be proposed before the lapse of five years from its coming into force.

 

The Article 175 of the Constitution makes clear that the provisions relating to the Amiri System in Kuwait and the principles of liberty and equality, provided for in this Constitution, may not be proposed for revision except in relation to the title of the Amirate or to increase the guarantees of liberty and equality.

 

The Article 176 of Permanent Constitution adds that the powers of the Amir set forth in this Constitution may not be subject to an application for amendment during the term of his deputation.


Furthermore, by Article 181 no provision of this Constitution may be suspended save where martial laws are in force and within the limits specified by the law; however, the meetings of National Assembly may not be suspended nor should the immunity of its Members be violated during this period.

 

1.2. The values of justice and Issuance of laws

There are several articles in Kuwait’s Constitution that confirm the value of justice.  For example    Article 7 of the Constitution puts Justice, Liberty, and Equality as the pillars of society’s operation and mutual help is considered to be the firmest bond between citizens.  Article 29 clearly states that all persons are equal in human dignity and in public rights and duties before the law and there shall be no discrimination whatsoever on grounds of sex, race, language, or religion

The Constitution also confirms the established principles of law in Article 34, which tells that an accused person is presumed innocent until proved guilty in a legal trial at which the necessary guarantees for the exercise of the right of defense are secured. And Article 32 adds that no crime and no penalty may be established except by virtue of law, and no penalty may be imposed except for offences committed after the relevant law has come into force. Also, Article 162 adds that justice and impartiality of judges are the foundation of the state, and a guarantee of rights and freedoms. This is taken care of in the Constitution in the third part in many articles such as Articles 27, 28, 35, 36, 37, 40, 41, and 44.

 

1.2.1. Issuing laws

The second Article of permanent Constitution of the state of Kuwait points out that Shari’a law (Islamic Religious Law) shall be a main source of its legislations. Article 6 adds that its political system is democratic. Article 65 of permanent Constitution clearly states that The Amir shall have the right to initiate, sanction and promulgate laws. Promulgation of laws shall take place within thirty days from the date of their submission by the National Assembly to the Amir. This period shall be reduced to seven days in case of urgency. Such urgency shall be decided upon by a majority vote of the members constituting the National Assembly. If the period of promulgation expires without the Head of State demanding reconsideration, the bill shall be considered as having been sanctioned and shall be promulgated. Article 79 adds that the promulgated law must be passed by the National Assembly and sanctioned by the Amir. In exceptional cases, The Amir may, in the event of exceptional cases that require measures of utmost urgency which necessitate the issue of special laws and in case that Parliament is not in session, issue pertinent decrees that have the power of law, by use (Article 71) of the Constitution.

Such decree-laws shall be submitted to the Parliament at its first meeting; and the Council may discuss them within a maximum period of five to ten days from the date of submission; such decree-laws shall cease to have the power of law from the date of their rejection by the Parliament or where the period for effecting the amendments have expired.

The Official Gazette : Article 178 of the Constitution settles that Laws are published in the Official Gazette within two weeks of their promulgation and come into force one month after their publication.  The latter period may be extended or reduced for any law by a special provision included in it. The Kuwait Gazette (Kuwait Al Youm)  is published by the Ministry of Information every Sunday.

Special Note regarding Legal Research

All laws and provisions of laws are found at the Legal Information Network of Gulf - Kuwait where laws are associated with their field of study. The Legal Information Network of Gulf - Kuwait  contains nearly 100 laws. The Official Gazette- Kuwait Gazette (Kuwait Al Youm) is also available in Reqaba Electronic journal (Arabic). As for selected cases from high courts, they also can be found in Arabic in Reqaba

 

Different legislations are issued in many different areas as 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 major legal codifications include the Civil Code, contained in Decree Law No. 67 of 1980; the Code of Civil Procedure, contained in Law No. 38 of 1980 (amended in Law No. 47 of 1994); the Commercial Code, contained in the Law of Commerce No. 68 of 1980 (amended by Law No. 45 of 1989); the Penal Code, contained in Law No. 16 of 1960; and the Code of Criminal Procedure, contained in Law No. 17 of 1960.

 

1.2.2. Conclusion of Treaties and Agreements

Article 70 of the permanent constitution gives to the Amir the power to conclude treaties and agreements by a decree and refer them to National Assembly accompanied by appropriate explanatory notes. The treaty or agreement shall have the power of law after ratification and publication in the official Gazette; however,  treaties of peace and alliance; treaties concerning the territory of the State, its natural resources or sovereign rights, or public or private rights of citizens; treaties of commerce, navigation, and residence; and treaties entailing additional expenditure not provided for in the budget, or involving amendment of the laws of Kuwait shall come into force when the same are issued as a law. Under no case may a treaty include secret conditions contradicting its publicized conditions.

2. The Governance

Kuwait is an independent country with a constitution. It has a democratic amiri regime. His Highness the Amir of the State is the ruler of the country. Kuwait National Assembly must enact country laws. The number of the assembly members is 50, chosen by people every 4 years through free and fair elections. Authorities in Kuwait are divided into legislative, executive and judiciary and the Amir is the head of the authorities. Pursuant to Kuwait Constitution, no parties might be formed despite the existence of parliamentary blocs. Kuwait's system of government is monarchical and constitutional. It derives its legitimacy from Kuwait Constitution. Hence, the authority is transferred between the members of the ruling family; the family of Mubarak Al-Sabah. The title of Kuwait ruler is Amir and he rules through the cabinet. Decrees are not executed unless approved by the Amir. Only the Amir can issue pardons. Kuwait’s government system is both parliamentary and presidential as all laws enacted by Kuwait National Assembly are not valid until signed by the Amir within one month. After the month, if they are not signed, they are in force the same as being signed. If laws and legislations are returned to the Assembly; then approved, they come in force without the Amir’s signature. 

 

2.1. The H.H. Amir

The Constitution of Kuwait defines the Amir as the "Head of the State" with his official title as "His Highness the Amir of the State of Kuwait". It also says that "the Amir will assume his authorities through his ministers, and his person shall be immune and inviolable. The Prime Minister and ministers shall be collectively responsible to the Amir for the general policy of the state. A law will not be issued until it is approved by the National Assembly and signed by the Amir." As Head of State, the Amir has the right to appoint the Prime Minister and relieve him of office. He also appoints and dismisses ministers on the recommendation of the Prime Minister. The Amir is also the Supreme Commander of the defense forces of Kuwait.

Article 4 of the permanent constitution of the state of Kuwait makes clear that the rule of the State is hereditary in the line of the descendants of the late Mubarak al-Sabah. The Heir Apparent shall be designated within one year, at the latest, from the date of accession of the Amir. The Amir’s designation shall be effected by an Amiri Order upon the nomination of the Amir and the approval of the National Assembly, which shall be signified by a majority vote of its members in a special sitting. In case no designation is achieved in accordance (Article 4) with the foregoing procedure the Amir shall nominate at least three of the descendants of the late Mubarak al-Sabah of whom the National Assembly shall pledge allegiance to one as Heir Apparent and The Heir Apparent shall have attained his majority, be of sound mind, and a legitimate son of Muslim parents. Article 60 adds that the Amir, before assuming his powers shall take the following oath at a special sitting of the National Assembly: "I swear by Almighty God to respect the Constitution and the laws of the State, to defend the liberties, interests, and properties of the people, and to safeguard the independence and territorial integrity of the Country."

The present Amir of Kuwait is HH Sheikh Sabah Al-Ahmad Al-Jaber Al-Sabah, fourth son of the late Sheikh Ahmad Al-Jaber Al-Sabah.

2.2. Crown Prince

The Crown Prince is the Heir Apparent to the Amir of the State of Kuwait. According to the Constitution of the State of Kuwait, "The Heir Apparent shall be designated within one year at the latest from the date of the accession of the Amir. His designation shall be affected by an Amiri Order upon the nomination of the Amir and the approval of the National Assembly, which shall be approved by a majority vote of its members in a special sitting." When an Amir dies, the Crown Prince automatically becomes the new Amir who takes oath in front of National Assembly.

Kuwait's current Crown Prince is HH Sheikh Nawaf Al-Ahmad Al-Jaber Al-Sabah. He is the brother of HH the Amir Sheikh Sabah.

Under the Constitution the National Assembly has a limited role in approving the Amir's choice of Crown Prince .If the National Assembly rejects his nominee, the Amir then submits three names, from which the assembly must choose the new Crown Prince. The Amir traditionally has appointed the Crown Prince to be Prime Minister, although this is not mandatory; the Crown Prince appoints the members of the Government.

2.3. Deputy Amir

The Article 61 of the Constitution tells that “in the event of his absence outside the Country and the inability of the Heir Apparent to act as Deputy for him, the Amir shall appoint, by an Amiri Order, a Deputy who shall exercise his powers during his absence”.  The said Amiri Order may include a specified arrangement for the exercise of the said powers on behalf of the Amir, or a limitation of their scope.

Article 62 adds that The Deputy Amir has to satisfy the qualifications laid down in Article 82 which are: “be a Kuwaiti by origin in accordance with law; be qualified as an elector in accordance with the electoral law; be not less than thirty calendar years of age on the day of election;
and be able to read and write Arabic well.” And if he is a Minister or a member of the National Assembly, he may not take part in the ministerial functions or in the work of the Assembly during the period he is acting as Deputy for the Amir.

Article 63 settles that the Deputy Amir, before assuming his powers, shall take the oath mentioned in Article 60 with the following phrase added thereto:" and be loyal to the Amir." And in case the National Assembly is not in session, the Oath shall be taken before the Amir.

Article 64 shows the incompatibilities of the Deputy Amir by saying that the provisions of Article 131 apply to the Deputy Amir.

IV. The Authorities of the State

Article 6 of the Constitution points out that sovereignty resides in the people who are the source of power, and.  Sovereignty shall be exercised in the manner specified in this Constitution. And Article 50 adds that the system of Government is based on the principle of the separation of powers functioning in co-operation with each other in accordance with the provisions of the Constitution and none of these powers may relinquish all or part of its competence specified   in this constitution.

In accordance with the provisions 51:53 of Kuwait Constitution, there are three authorities in the State of Kuwait: The Legislative Authority, The Executive Authority and The Judicial Authority.

1. The Executive Authority

In accordance with the provisions of the Article 52 of the Constitution, the Executive Authority shall be vested in the Amir, the Cabinet, and the Ministers as specified in this Constitution.

 

1.1. The Amir

The Articles 54:56 of the Constitution make clear that the Amir is the Head of the State. His person shall be inviolable and immune. The Emir exercises his powers through his Ministers. The Amir, after the traditional consultations, appoints the Prime Minister and relieves him of office.  The Amir also appoints Ministers and relieves them of office upon the recommendation of the Prime Minister.

 

1.1.1. Functions of the Amir

The Amir has the final say in defense matters, laws and bills. No law can be passed without his consent. It is His Highness, who appoints and dismisses the Prime Minister and his cabinet ministers. The Kuwait Amir represents Kuwait in the Arab League and heads the office of the Head of Kuwaiti delegations in the United Nations.  Article 60 of the constitution states that the Amir shall take the oath prior to the discharge of his functions in a special session convened by National Assembly.

Besides executive powers, the Constitution grants the Cabinet authority to declare defensive war, proclaim martial law, and promulgate law decrees when the National Assembly is not in session or its legislative term has expired, grant pardons, and issue executive and administrative regulations according to the (Article 65:69) of Kuwaiti Constitution.

1.2. The Cabinet 

Executive power in Kuwait is vested in the Cabinet or the Council of Ministers. It is headed by the Prime Minister, a position held traditionally by the Crown Prince. The Prime Minister is appointed through an Amiri Decree. The ministers of the Cabinet are appointed by the Amir on the recommendation of the Prime Minister.

According to the (Article 56) of Kuwaiti constitution, the number of ministers in a Cabinet must not exceed one-third the strength of the National Assembly. This number does not include the Head of the National Guard, the Amiri Diwan Affairs Minister, the Amir’s Advisor and the Chairman of the Audit Bureau.

1.2.1. Functions of the Cabinet

The Cabinet controls the state institutions. It is responsible for the general policy of the government and its execution. Each minister in the Cabinet holds one or more portfolios. The Prime Minister and his ministers are accountable to the Amir and the National Assembly.

 

1.2.2. The Prime Minister

By article 56 The Amir, after the traditional consultations, appoints the Prime Minister and relieves him of office. The Amir also appoints Ministers and relieves them of office upon the recommendation of the Prime Minister.

Article 102 highlights the case of No-Confidence in Prime Minister as it tells that The Prime Minister does not hold any portfolio; nor shall the question of confidence in him be raised before the National Assembly. Nevertheless, if the National Assembly decides, in the manner specified in Article 101, that it cannot co-operate with the Prime Minister, the matter is submitted to the Head of State.  In such a case, the Amir may either relieve the Prime Minister of office and appoint a new Cabinet or dissolve the National Assembly and in the event of dissolution, if the new Assembly decides by the abovementioned majority vote that it cannot co-operate with the said Prime Minister, he shall be considered to have resigned as from the date of the decision of the Assembly in this respect, and a new Cabinet shall be formed.

Article 103 shows the Continuation of Government as it settles that the Prime Minister shall continue to discharge the urgent business thereof if, he vacates his office for any reason until his successor is appointed.

1.2.3. The Ministers

Article 56 shows how ministers are appointed as it says that the Amir also appoints Ministers and relieves them of office upon the recommendation of the Prime Minister. Ministers are appointed from amongst the members of the National Assembly and from others and the number of Ministers in all shall not exceed one-third of the number of the members of the National Assembly.

Article 58 adds that The Prime Minister and the Ministers are collectively responsible to the Amir for the general policy of the State. Every Minister is also individually responsible to the Amir for the affairs of his ministry.

The cabinet mostly includes the following Ministries:

§  Ministry of Interior

§  Ministry of Education, Kuwait

§  Ministry of Foreign Affairs, Kuwait

§  Ministry of Information, Kuwait

§  Ministry of Finance, Kuwait

§  Ministry of Justice, Kuwait

§  Ministry of Oil, Kuwait

§  Ministry of Awqaf and Islamic Affairs, Kuwait

§  Ministry of Higher Education, Kuwait

§  Ministry of Health, Kuwait

§  Ministry of Commerce and Industry, Kuwait

§  Ministry of Defence, Kuwait

§  Ministry of Housing, Kuwait

 

1.3. Amiri Diwan

The Amiri Diwan is a major symbol of the sovereign State of Kuwait. The glorious Al-Saif Palace is the permanent headquarters of the Amiri Diwan. The palace has played a great role in the history of Kuwait, both in the distant past and in modern times; due to its long period of existence Kuwait's strategic location was of geographic importance.

Kuwait's trade expanded when Sheikh Mubarak the Great became ruler in 1896. In 1904, Sheikh Mubarak decided to build a palace as his headquarters. A unique location was chosen for the palace on the sea (Al-Saif). Since then, all the rulers of Kuwait have been interested in expanding and developing the Al-Saif Palace to preserve it as part of their history and civilization. The area of the palace was increased and new buildings were added.

1.4. Higher Advisory Councils

There are various higher or supreme advisory councils to assist the government in formulating long-term policies in particular areas. For example, the Supreme Petroleum Council is responsible for the State’s oil policies, and the Higher Advisory Committee for Labour Affairs advises the Ministry of Social Affairs & Labour on labour issues. The composition of these councils reflects a cross-section of specialists and groups with interests in a particular area. Their members are appointed by the Amir.

 

1.5. The Governorates

The State of Kuwait is divided into many governorates: the Capital, Hawally, Ahmadi, Jahra, Farwaniyah and Mubarak Al-Kabir. Each is headed by a governor, a representative of the Amir, who is supported by a council for the governorate. Governors are usually members of the ruling family or closely allied to it. Membership of the councils is by appointment.

 

The roles of the governors and their councils are related to social and security aspects. These include ‘supervising the implementation of state policies, assessing the need for public utilities, responding to the problems of citizens and encouraging cultural and sporting activities’. They act as channels of communication between the centre and the grass-roots. They also oversee local security. Each governorate is divided into districts or areas, e.g., Jabriya, Khaldiya, etc. Each district is headed by a mayor or chief (Mukhtar) who is responsible to the Ministry of Interior.

1.6. The Municipality

Kuwait Municipality was established in 1930. There is only one Municipal Council for the entire state. The Council has 16 members, of whom 6 are appointed by the Amir and 10 elected by those eligible to vote in National Assembly elections.

 

The Municipality is responsible for a variety of functions, including the usual municipal services such as town cleaning and refuse collection, and food and restaurant inspection. It has far-reaching executive powers in commercial licensing, health and safety at work, land acquisition, urban organization and planning and the approval of infrastructural projects. It is responsible for issuing building licenses.

2. The Legislative Authority

In accordance with the provisions of the Article 51 of the Constitution the legislative power is vested in the Amir and the National Assembly in accordance with the Constitution. Also there are a number of Laws governing the work in this area, such as Law No. 35 of 1962 on the election of members of the National Assembly, 4 / 1963 Law No. 4 of 1963 determining the emoluments of members of the National Assembly, 12 / 1963 Rules of Procedure of the Council of the Nation. Also there is Municipal Council, which governs by laws in this area, such as 75 / 1962 Amiri Decree No. 75 of 1962 on the election of members of the Municipal Council.

 

2.1. The Administrative Structure of National Assembly

The Kuwaiti legislature is a unicameral National Assembly. It has 65 members, including fifty who are elected for four-year terms of office and 15 cabinet ministers appointed by the Emir who sit as ex officio members. Elected officials may also serve in the cabinet, in which case the number of ex officio members is reduced accordingly.

2.2. The Functions

The National Assembly debates policies and government programs and passes laws. It is also permitted to question ministers and take a vote of no confidence in individual members of the government. Withdrawal of confidence from a minister takes place by a majority vote of the members constituting the Assembly excluding ministers. The question of confidence in the prime minister may not be raised before the National Assembly. Nevertheless, if the National Assembly decides that it cannot cooperate with the prime minister, the matter is submitted to the Emir. In such a case, the Emir may either relieve the prime minister of office and appoint a new cabinet or dissolve the National Assembly.

 

2.3. Sessions and Dissolution

Regular annual parliamentary sessions are convened for no less than eight months. Every year, the Assembly meets in October at the invitation of the Emir; if the invitation is announced late, the meeting is held on the third Saturday of the month in which it is announced. Sittings of the National Assembly are public, though they may be held in secret upon the request of the government, the president of the Assembly, or ten of its members; and if the meetings are held in other places or times than assigned, their results must be canceled according to the Law. The debate on such a request is held in secret. The National Assembly is called by decree to an extraordinary session if the Emir deems it necessary, or upon the demand of the majority of the members of the Assembly. A quorum of half the members must be present for any session to continue.

The Emir opens the annual session of the National Assembly and delivers a speech reviewing the situation of the country and the important public matters from the preceding year and outlining the projects to be undertaken by the government during the coming year. The National Assembly chooses from among its members a committee to draft the reply to the Emir’s speech, which embodies the comments and wishes of the Assembly. Upon approval of the response by the Assembly, the response is submitted to the Emir.

The constitution empowers the Emir to dissolve the National Assembly by a decree, in which the reasons for dissolution are indicated. However, the dissolution of the Assembly may not be repeated for the same reasons. In the event of dissolution, elections for the new Assembly are held within two months. Otherwise, the dissolved Assembly is restored fully until the new Assembly is elected. The Emir has exercised his power in terms of dissolving the parliament many times since its inception in 1963, the latest on 2009.

2.4. General Secretariat

The National Assembly elects a speaker and a deputy speaker from among its members by an absolute majority vote of the members present in the first round or, if necessary, by a relative majority in a second round of voting. The speaker has the powers to convene sessions, establish and modify the agenda, organize the debates and set speaking times, examine the admissibility of bills and amendments, refer texts to a committee for study, set up committees, decide how the vote is carried out, and cancel a vote in the event of irregularities. He can bring items outside the agenda to the floor, and thus organize impromptu debates. He draws up the budget of the Assembly, submits it to the Bureau of the National Assembly, takes part in voting, proposes bills or amendments, and intervenes in parliamentary oversight procedures. He is also consulted by the head of state prior to the appointment of the prime minister and plays a specific role in the conduct of foreign affairs and defense matters, in collaboration with the executive branch.

The Bureau of the National Assembly consists of the speaker, the deputy speaker, the secretary, the chairmen of the Legislative and Legal Affairs Committee and of the Financial and the Economic Affairs Committee.

2.5. The Sessions and Procedures

The standing orders of the Assembly procedures, its committees and the rules pertaining to discussion, voting, questions, interpellation, and all other functions are prescribed in the constitution. The standing orders specify the sanctions to be imposed on any member who violates order or absents himself from the meetings of the Assembly or the committees without a legitimate excuse.

According to article 159 of the Rule of Orders, the government draws up an annual draft budget comprising the revenue and expenditure of the state, and submits it to the National Assembly for discussion and approval, at least two months before the end of the fiscal year. According to article 171 of the Rule of Orders, The Financial Control Diwan (Audit Bureau) is attached to the National Assembly in line with article 151 of the Constitution and assists the government and the National Assembly in controlling the collection of the state revenues and the disbursement of its expenditures within the limits of the budget. The Diwan submits to both the government and the National Assembly an annual report on its activities and its observations.

2.6. The Committee Structures and Membership

The National Assembly sets up committees of inquiry or delegates its members to investigate matters within its competence. Ministers and all government officials must produce testimonials, documents, and statements requested from them. The Assembly also sets up, among its annual standing committees, a special committee to deal with petitions and complaints submitted by citizens.

2.7. The Legislative Drafting Process

The constitution stipulates that no law may be promulgated unless the National Assembly passes it. The decisions of the Assembly are only valid when more than half of the members are present. If the National Assembly confirms a bill by a two-thirds majority vote, the Emir promulgates the bill. If the bill does not receive the said majority, it may not be reconsidered during the same session. If the National Assembly, in another session, passes the same bill by a majority vote, the Emir promulgates the bill as law. Promulgation of laws takes place within thirty days from the date of submission by the National Assembly to the Emir. In cases of emergency this period is reduced to seven days. Laws are published in the Official Gazette before they become effective.

The Minister of State for Parliamentary Affairs oversees the activities of the parliament on behalf of the executive branch.

The Kuwaiti parliament is a member of the Inter-Parliamentary Union (IPU) and the Arab Inter-Parliamentary Union (AIPU).

3. The Judicial Authority

In accordance with the provisions of the Article 53 of the Constitution the judicial power is vested in the Courts, which exercise it in the name of the Amir within the limits of the Constitution. There are a number of Laws governing the Judicial Authority such as  : Decree Law No. 23 of 1990 concerning the organization of the judiciary , Law No. 10 of 1996 - amending some provisions of Decree Law No. 23 of 1990 on the organization of the judiciary , Decree-Law No. 14 of 1977 regarding the grades and salaries of judges and prosecutors - and the Fatwa and Legislation Department , Decree Law No. 46 of 1987, the establishment of the Labor Court College , Law No. 26 of 1969, the establishment of a state security court  , Law No. 14 of 1973 establishing the Constitutional Court  , Law No. 40 of 1972 on cases of discrimination and appeal procedures  , 17 / 1973 Law No. 17 of 1973 concerning the legal fees , Decree Law No. 38 of 1980 promulgating the Code of Civil Procedure and Commercial , 40 / 1980 decree law No. 40 of 1980 promulgating the organization of experience  , Decree Law No. 20 of 1981 on the establishment of the Tribunal for consideration by the college administrative disputes , Decree Law No. 46 of 1989 concerning the actions of little value , No. 11 of 1995 on the Judicial Arbitration in Civil and Commercial Matters .

 

The official language of the court is Arabic, although other languages are not prohibited. Court proceedings are public unless keeping the peace requires that they be closed, and some Court decisions are made public in the official Gazette. The judiciary is administered by the Judicial Council.

The Judicial Authority shall be vested in courts of law as prescribed in the Constitution; and court judgments shall be pronounced in the name of the Amir, according to (Article 164) of the Constitution.

Articles 162:173 of Constitution stipulate that the judicial authority shall be independent and it shall be vested in courts of different types and grades. The courts shall make their judgments according to the law. The Judges are independent and they shall not be subject to any power in the exercise of their judicial functions as provided by the law and no interference whatsoever shall be permitted with court proceedings and the course of justice.

The supremacy of law is the base of rule in the State. The honor of the judiciary, its integrity, and impartiality of judges are a safeguard of rights and liberties. And the law shall regulate the categories and divisions of courts and define their jurisdiction and powers.

The Court sessions shall be public save when a court decides, for the interest of public order or morality, to hold them in camera. In all cases, the pronouncement of judgments shall be made in an open session.

The Constitution stipulates that Judges are independent and shall not be subject to removal from office save in cases specified by the law; and the independence of the judiciary is inviolable and is protected by law against interference from other authorities. And in the case of other Laws, the judicial authorities and courts of law are of the following kind.

3.1. The Judicial Structure and Court System

The judiciary is structured in three levels. At the base of the hierarchy are the Courts of First Instance. These Courts handle civil, commercial, personal status and penal matters separately. Judgments in cases involving misdemeanors punishable by less than three years of imprisonment or fines of less than 250 Kuwaiti dinars cannot be appealed to a higher level court; commercial and civil judgments involving fines less than 1000 dinars are final. The Courts of Appeal, which sit in panels of three judges, serve as both intermediate and final courts of appeal.

 

3.2. Supreme Court  

The Court of Cassation, added to the system in 1990, sits at the apex of the Kuwaiti judiciary and serves as the final court of appeal. Divided into Commercial, Civil, and Criminal Boards, the Court’s judgments are not legally binding on the lower courts, yet they are normally respected.

 

3.3. The jurisdiction of Constitutionality   

According to the provisions of (Article 173) of the Constitution, the law shall specify the competent judicial body for settling disputes pertaining to the constitutionality of laws and regulations and define its powers and method of challenging and procedures to be followed before the said body. It shall also specify the consequences of judgment regarding unconstitutionality. The Law No. 14 of 1973 established the Constitutional Court, which has exclusive jurisdiction to interpret the constitutionality of legislation and it is empowered to review electoral contestations. The Court is comprised of five members who are chosen by the Judicial Council by secret election, and one reserve member who is appointed by decree. Although judges of the other courts may be non-Kuwaiti, judges of the Constitutional Court must be Kuwaiti nationals. An important guide to the judiciary in rendering opinions about legislation is the Explanatory Note stating the intentions of the legislature that frequently accompany legislative acts.

 

3.4. The jurisdiction of Administrative Disputes

According to the provisions of (Article 169:171) of the Constitution, the law shall specify the competent judicial body for settling of Administrative Disputes of laws and regulations and define its powers. In 2008 was established the Supreme Constitutional Court.

 

3.5. The jurisdiction of Military Tribunals

According to the provisions of Article 164 of the Constitution, the jurisdiction of Military tribunals is restricted, save when martial law is in force, to military crimes committed by staff of the armed and the security forces within the limitations specified by the law.

 

3.6. Special Bodies

There are a number of courts with specialized jurisdictions. Law No. 26 of 1969 established the Court of State Security, which is authorized to try cases related to the internal and external security of the state. The Court is composed of three members who are recommended by the Minister of Justice and authorized by decree. Judgments made by this court cannot be appealed.

 

3.7. Public Prosecution 

The Public Prosecution shall conduct public actions in the name of the people, supervise the law enforcement, and ensure the enforcement of criminal laws. The law shall regulate the functions of this body; specify the condition and guarantees pertaining to the staff.

 

V University Education and Research

History of Education

Kuwait is a small country that is situated in the Gulf. It is one of the high income countries with a GDP per capita of above $24,000. Oil exports account for nearly half of Kuwait’s national income and about 80% of government revenues. In Kuwait, between 1975 and 1985, the public sector increased its absorption of nationals from 76 percent to 92 percent of all employees. The government of Kuwait is now looking for alternative sources for generating income. Therefore, the government is trying to diversify and improve skills of the labor force; hence education reform at all levels has now been given high priority. At the beginning of the 20th century there was no formal educational system in place in Kuwait. There were few Quranic schools known as Al-Katatib, funded by the wealthy private citizens of Kuwait that taught reading, writing and some basic mathematics. In 1912, the Al Mubarakiyya School was established as one of Kuwait’s modern educational institutions. It was founded by the merchants to train their clerks in commerce, mathematics and letter writing skills. In 1921, Al-Ahmedia school was established that offered English courses, and soon thereafter all girls school were founded to provide Arabic education, home economics and Islamic Studies. The government got involved in providing formal education in 1936 and by 1945 there were 17 schools. With the increase in oil production and hence state revenues after World War II, the government began investing huge sums of money into social services including education. By 1960, there were 45,000 students enrolled in Kuwait's educational system including 18,000 girls. In the year 1965, following the constitution that made education a fundamental right of a citizen, education was made compulsory for ages 6–14. Since the early 21st century, the Ministry of Education has sought to prepare a long-term General Education Strategy focusing on educational teaching for the years 2005-2025. This effort aims to align teaching methodologies with the current needs of the increasingly globalised world. The World Bank is conducting an analytical study to explore the various policy options to implement this new strategy. A National Conference for the Development of Education was held in Kuwait in February 2008 to further discuss the national strategy. Other multilateral organizations such as the OECD are working towards improving business environment and providing training to women to promote women’s entrepreneurship within the country.

 

There are a number of Laws governing the work in education area, such as: Decree Law No. 11 of 1965 concerning compulsory education, Law No. 29 of 1966 concerning the regulation of higher education, Decree Law No. 4 of 1981 concerning the literacy, Law No. 63 of 1982 in establishing the Public Authority for Applied Education and Training.

Demographics 

The population of Kuwait has grown rapidly in the past few years; it has more than doubled during the period between 1985 and 2005. The school-aged population of both Kuwaitis and non-Kuwaitis is 24 percent of the total population in 2005. There were 716,000 people of school age (from 4 to 21 years old) of which 426,000 were Kuwaitis (60 percent) and about 290,000, non–Kuwaitis. Also there are more males than females in each age group of school age population. The proportion of non-Kuwaitis is slightly higher among the 18-21 year olds. In 2007, the primary and secondary female enrollment was 97 and 91 percent respectively; as for males, it was 99 and 90 percent. As for the mix with the expatriates, Kuwaitis make up half of the country’s population. At the same time the burgeoning young population is posing a burden on the job market, with rising unemployment numbers. The government is now making efforts in creating more job opportunities in the private sector for the new entrants. About 95 percent of the Kuwaitis who are employed by the state are now moved to private sectors so as to increase job opportunities for the new entrants.

 

1. Higher Education

There are some state supported higher education institutions in Kuwait, such as Kuwait University, The College of Basic Education in PAAET, Higher Institute for Theater Arts, Higher Institute of Music Arts.

Kuwait University: Kuwait University was established in 1966. It is a co-educational institution and comprises five campuses in the Kuwait City. Since its inception the number of students has increased considerably, from 400 to 19,711 in 2005/06 students and has included a wide range of academic courses.

Public Authority for Applied Educational Training: This institution was established in 1982 to fill the need for a vocational and technical training institution. PAAET is comprised of two entities: PAAET is responsible for providing and developing skills of the national labor force to meet the demands of a developing nation. Secondly, it also provides training to students to have careers beyond the oil industry. The College of Basic Education in PAAET has an enrollment of 7,132, and an increase of 26 percent from the previous year.

The Higher Institutes for Theatre Arts and Music Arts with enrollment of 465 have seen a decline of 25 percent in 2005/06.

In the academic year 2005/06, the total enrollment within the public institutions reached 27,308, and an increase of 7 percent from previous year. The proportion of females in public institutions in the undergraduate studies is 70 percent.

The gross enrollment ratio in tertiary education in both private and public institutions in 2006 was about 18 percent; the male gross enrollment ratio was 11 percent, a slight increase from previous year, and for females it was 26 percent, a three percentage points decrease from last year, in 2006.

 

Also there are a number of post secondary institutions in Kuwait that are approved by the Ministry of Higher Education such as Gulf University for Science and Technology , Arab Open University , Australian College in Kuwait , American University in Kuwait , Gulf American College , Kuwait-Maastricht Business School , Box-Hill College Kuwait. 

 

The largest private institution for undergraduate studies is the Arab Open University with 6294 students in 2005/06, which makes nearly 60 percent of all private undergraduate students. Kuwaiti students make up 53 percent of all undergraduate enrollments in private institutions.

 

1.1 Other Institutes

In Kuwait there are also religious institutes, which offer a program of general education at the intermediate and secondary levels, along with enhanced Islamic and religious studies. There were 1,026 students in the 7 religious centers in 2005/06, of which 75 percent were Kuwaiti nationals.

Ministry of Education in Kuwait is making efforts to provide equal educational opportunities by opening special needs institutes. In total there are 44 special needs schools out of which 33 are public schools and 11 are private schools. Some of the special needs children are also enrolled in special needs classes offered in general schools.

VI. Quick Links Research

1.1. Legal links

The database Legal Information Network of gulf - Kuwait contains the following laws in Arabic:

Constitution and relevant laws (the Constitution - the Election Law - Nationality etc)

• Amiri Decree No. 15 of 1959, the Kuwaiti Nationality Law

• Amiri Decree No. 17 of 1959, the law of the residence of foreigners

• Law No. 26 of 1961 on the national flag of the State of Kuwait

• 1962 Constitution of Kuwait

• Law No. 11 of 1962 on passports

• Law No. 17 of 1962 on the military decorations and medals

• Law No. 21 of 1962 the system of the diplomatic and consular

• Law No. 35 of 1962 on the election of members of the National Assembly

• Amiri Decree No. 70 of 1962 on the forms and fees for military decorations and medals

• Law No. 4 of 1963 determining the emoluments of members of the National Assembly

• 12 / 1963 Rules of Procedure of the Council of the Nation

• Law No. 22 of 1967 regarding the martial law

• Law No. 26 of 1969, the establishment of a state security court

• Law No. 14 of 1973 establishing the Constitutional Court

• Law No. 20 of 1974 on the collar and the Order of Mubarak Al-Kabeer Kuwait

• 1975 decree on materials, forms and fees necklace and the Order of Mubarak Al-Kabeer Kuwait and the arrangements for them and to stand for them and bring them

• Law No. 58 of 1976, the organization of Hajj

• Decree Law No. 131 of 1977 on regulating the use of ionizing radiation and the prevention of risks

• 1979 decree on the organization of construction work

• Decree Law No. 65 of 1980 concerning public mobilization

• Decree Law No. 105 of 1980 on the system of state property

• Decree Law No. 8 of 1981 amending some provisions of the Social Insurance Act of interested Amiri Decree No. 61 of 1976

• Law No. 7 of 1983 regarding the kidney transplant patient

• Law No. 75 of 1983 concerning organizing the settlement of transactions relating to shares of companies that have been on credit

• Law No. 88 of 1995 regarding the trial of Ministers

• Decree-Law No. 5 of 1999 concerning the intellectual property rights

• Law No. 33 of 2000 regarding the claims of property ownership of state-owned

 

Judicial Affairs (organization of the judiciary - Constitutional Court - arguments)

• Law No. 40 of 1972 on cases of discrimination and appeal procedures

• Law No. 17 of 1973 concerning legal fees

• Decree-Law No. 14 of 1977 regarding the grades and salaries of judges and prosecutors - and the Fatwa and Legislation Department

• Decree Law No. 38 of 1980 promulgating the Code of Civil Procedure and Commercial

• Decree law No. 40 of 1980 promulgating the organization of experience

• Decree Law No. 20 of 1981 on the establishment of the Tribunal for consideration by the college administrative disputes

• Decree Law No. 46 of 1987, the establishment of the Labor Court College

• Decree Law No. 1 of 1988 on the organization of procedures that claims ratios and correction of names

• Decree Law No. 46 of 1989 concerning the actions of little value

• Decree Law No. 23 of 1990 concerning the organization of the judiciary

• Act No. 11 of 1995 on the Judicial Arbitration in Civil and Commercial Matters

• Law No. 10 of 1996 - amending some provisions of Decree Law No. 23 of 1990 on the organization of the judiciary

 

Commercial activities (Trade - Companies - central bank - the debts)

• Decree No. 1 of 1959, the registry system trading

• Law No. 15 of 1960 promulgating the Commercial Companies Law

• Income Tax Law in Kuwait (the area in-kind) No. 23 of 1961

• Law No. 24 of 1961 on insurance companies and agents

• Law No. 36 of 1964 on organizing commercial agencies

• Fanon No. 37 of 1964 on Public Tenders

• Law No. 43 of 1964 on the import

• Law No. 49 of 1966 regarding the lending Kuwaiti shareholding companies

• Law No. 32 of 1969 on the organization of licensed shops

• Law No. 32 of 1970 concerning the regulation of securities firms

• Law No. 20 of 1976 concerning the suppression of fraud in commercial transactions

• Decree Law No. 128 of 1977 regarding the standardization

• Decree Law No. 10 of 1979 concerning the supervision of trade in goods and determine the prices of some

• Decree Law No. 73 of 1979 - amending some provisions of Decree No. 5 of 1959, the law of real estate registration

• Decree Law No. 13 of 1980 regarding Customs

• Decree law No. 28 of 1980 Promulgating the Law on Maritime Trade

• Decree Law No. 29 of 1980 regarding maritime passport

• Decree Law No. 30 of 1980, pilots, navigation officers and marine engineers in the merchant ships

• Decree Law No. 68 of 1980 Promulgating the Law on Trade

• Decree Law No. 5 of 1981 concerning practicing the profession of accounting controls

• Decree Law No. 57 of 1982 regarding the transactions relating to shares of companies that have been on credit

• Law No. 59 of 1982 regarding transactions relating to shares of companies that have been on credit and ensure the rights of creditors of the

• Decree organizing the Kuwait Stock Exchange

• Law No. 100 vs. The special provisions for the settlement of transactions relating to shares of companies that have been on credit, as approved by the Board in its meeting held on Thursday, 11/8/1983

• Decree Law No. 31 of 1987, regulating the air transport market in Kuwait

• Decree Law No. 31 of 1990 concerning the regulation of securities and the establishment of investment funds

• Decree Law No. 128 of 1992 on the supplementary insurance system

• Law No. 41 of 1993 concerning the purchase of some of the state and how to collect debts

• Law No. 44 of 1993 concerning the companies that participate in the ownership of Kuwaiti and non-Kuwaiti

• Law No. 51 of 1994 regarding the amendment of some provisions of the Commercial Companies Law No. 15 of 1960

• Law No. 2 of 1995 regarding the sale prices and reduced advertising and promotion of goods and services

• Law No. 25 of 1996 regarding the disclosure of commissions made in the contracts entered into by the State

• Law No. 12 of 1998 on licensing the establishment of leasing companies and investment

• Law No. 63 of 1998 amending some provisions of Law No. 41 of 1993 concerning the purchase of some of the State debts

• 10 / 2003 System - Law - Common Customs Cooperation Council States

 

Criminal law and relevant laws (Criminal - Criminal Procedure - Events - public money – weapons)

• Law No. 16 of 1960 promulgating the Penal Code

• Law No. 17 of 1960 promulgating the Code of Criminal Procedure and Trial

• Law No. 22 of 1960, on the organization of Traffic Court

• Law No. 5 of 1961 organizing the legal relations of foreign element

• Law No. 6 of 1961, on the organization of obligations arising from the illegal

• Law No. 26 of 1962 on the organization of prisons

• Act No. 30 of 1964, on the establishment of the Audit Bureau

• Law No. 33 of 1964 on expropriation and temporary seizure of the public interest

• Law No. 44 of 1968 concerning the manifestation of fasting in Ramadaan

• Law No. 5 of 1970 regarding the valuation and acquisition of real estate used and exploited in the semi-state enterprises

• Law No. 31 of 1970 amending some provisions of the Penal Code No. 16 of 1960

• Law No. 9 of 1971 on the absence of proof to the former penal First

• Law No. 19 of 1976 on the misuse of telephone communications equipment

• Decree Law No. 67 of 1976 regarding the traffic

• Decree Law No. 65 of 1979 on public meetings and gatherings

• Decree Law No. 31 of 1980 regarding security, order and discipline in ships

• Law No. 3 of 1983 regarding the events

• Law No. 74 of 1983 on drug control and regulate the use and trafficking

• Law No. 35 of 1985 concerning crimes involving explosives

• Decree Law No. 48 of 1987 on the control of psychotropic substances and regulation of the use and trafficking

• Decree Law No. 13 of 1991 on weapons and ammunition

• Decree Law No. 94 of 1992 concerning the inspection procedures for control of weapons, ammunition and explosives prohibited

• Law No. 1 of 1993 on the protection of public funds

• Act No. 6 of 1994 regarding the crimes related to the safety of aircraft and air navigation

                                                                                              

Civil law and personal status (civil - Personal Status - Minors Affairs)

• Law No. 27 of 1963 on Statistics and Census

• Law No. 36 of 1969, regulating the registration of births and deaths

• Law No. 5 of 1971 on the binding will

• Law No. 25 of 1971 on the rental property, places, and to regulate relations between landlords and tenants

• Law No. 39 of 1976, on the organization of the ownership of floors and apartments

• Decree Law No. 35 of 1978 concerning rental properties

• Decree Law No. 74 of 1979, on the organization has non-Kuwaiti Real Estate

• Decree Law No. 39 of 1980 Promulgating the Law of Evidence in Civil and Commercial

• Decree Law No. 67 of 1980 promulgating the Civil Code

• Law No. 32 of 1982 on the system of Civil Information

• Law No. 51 of 1984 in Personal Status

• Law No. 15 of 1996 - and some articles on the Civil Code

• Law No. 61 of 1996 amending some provisions of Law No. 51 of 1984 on personal

 

Civil Service and Pensions (Service Code - Decree of service - insurance and pensions - the Civil Service Council)

• Law No. 34 of 1961 promulgating the Law on Insurance in kind

• Amiri Decree Law No. 61 of 1976 Promulgating the Law on Social Insurance

• Decree on entitlement and assessment and linking public assistance

• Decree Law No. 22 of 1978 concerning public assistance

• Decree Law No. 15 of 1979 on the Civil Service

• Law No. 62 of 1982 to increase pensions in some cases

• Decree Law No. 11 of 1988 to participate in social insurance is optional for overseas workers and the like

• Decree Law No. 56 of 1989 on the increase in pensions for children born after the end of the service

• Decree Law No. 1 of 1990 to grant an increase in the social allowance, pensions and public assistance

• Decree Law No. 11 of 1991 regarding exemption from deduction of the replacement of the pension

 

Municipal Affairs (Kuwait Municipality - Governorates)

• Amiri Decree No. 75 of 1962 on the election of members of the Municipal Council

• Law No. 40 of 1966 regarding the selected

• Decree on the list of public gardens

• Decree on hawkers

• Decree on the massacres

•Decree on markets

• Decree organizing burials

• Decree on the sale and storage of food and stores its own

•Decree on public places and disturbing the comfortable and harmful to health

• Decree law No. 18 of 1978 concerning safety regulations and the protection of public facilities and resources of public wealth

• Decree Law No. 62 of 1980 regarding the protection of the environment

• Law No. 36 of 1982 regarding the firefighters

• Decree Law No. 9 of 1987 on the prohibition of certain acts harmful to public hygiene and plants

• Law No. 5 of 2005 for the Kuwait Municipality

 

Work and self-employment (work in the private sector - Bar Association - Doctors - Engineers - unions)

• Decree No. 3 of 1955 on the Kuwaiti Income Tax

• Law No. 18 of 1960 to work in the public sector

• Law No. 49 of 1960 on the treatment institutions

• Law No. 24 of 1962 on the clubs and associations of public benefit

• Law No. 14 of 1963 amending the Labor Code in the public sector

• Law No. 23 of 1964 on the practice of the nursing profession in Kuwait

• Law No. 38 of 1964 concerning employment in the private sector

• Law No. 42 of 1964 regulating the legal profession before the courts

• Law No. 28 of 1969 concerning employment in the oil business

• Decree Law No. 24 of 1979 on Cooperative Societies

• Decree law No. 25 of 1981 on the practice of medicine, dentistry and professions are aiding in the

• Act No. 30 of 1995 amending some provisions of Law No. 38 of 1964 concerning employment in the private sector

• Law No. 62 of 1996 on amending some provisions of Law No. 42 of 1964 regulating the legal profession

• Law No. 2 of 1997 amending some provisions of Law No. 38 of 1964 concerning employment in the private sector

• Law No. 19 of 2000 regarding the support of national employment and encourage them to work in non-governmental organizations

• Law No. 3 of 2006 regarding the Press and Publications

 

Education and Universities (Education Act - Higher Education – Universities)

• Act No. 11 of 1965 concerning the compulsory education

• Law No. 29 of 1966 concerning the regulation of higher education

• Decree Law No. 4 of 1981 concerning the literacy

• Law No. 63 of 1982 in establishing the Public Authority for Applied Education and Training

 

Economic activities (agriculture - industry – tourism)

• Decree No. 5 of 1959, the law of real estate registration

• Amiri Decree No. 11 of 1960 Law of Antiquities

• Law No. 4 of 1961 promulgating the Code Documentation

• Law No. 4 of 1962 on Patents and Industrial Designs

• Law No. 5 of 1975 concerning the allegations of property bonds, or to seize the property of the State

• Decree Law No. 112 of 1976 concerning Agricultural Quarantine

• Decree Law No. 8 of 1980 amending some provisions of Law No. 5 of 1975 concerning the allegations of property bonds, or to seize the property of the State

• Law No. 30 of 1982 - amending some provisions of Decree No. 5 of 1959, the law of real estate registration

• Law No. 1 of 1994 - on the addition of Law No. 4 of 1991 promulgating the Code Documentation

• Law No. 50 of 1994 regulating land-use Space

• Law No. 56 of 1996 regarding the issuance of the Industry

• Law No. 46 of 2006 regarding the Zakat and the contribution of public shareholding companies, and closed in the state budget.

 

Military institutions (armed forces - the police - the Department of Investigation)

• Law No. 32 of 1967 regarding the military

• Law No. 23 of 1968 on the police force

• Decree Law No. 21 of 1979 concerning civil defense

• Decree law No. 69 of 1980 Promulgating the Law on Pension and retirement benefits for military personnel

• Decree Law No. 70 of 1980 on the military who have benefited from the provisions of Act No. 31 of 1967 regarding the entry into force of the provisions of the Pension and retirement benefits for military personnel to other employees commissioned by the Government in the areas of military operations

• Decree Law No. 102 of 1980 on compulsory military service and reserve

• 1981 decree on the organization of reserve duty

 

Public bodies (Youth and Sports - Agriculture and Fisheries - Civil Information)

• Law No. 1 of 1970 concerning the regulation of e-business

• Act No. 30 of 1972, the establishment of Eye Bank

• Law No. 15 of 1974 establishing the Public Authority for Housing

• Decree-Law No. 70 of 1976 establishing the Kuwait News Agency

• Decree Law No. 82 of 1977 regarding the Family Care

• Decree Law No. 133 of 1977 established the General Organization of Ports

• Decree Law No. 42 of 1978 concerning sports bodies

• Decree Law No. 46 of 1980 for the protection of fisheries

• Law No. 47 of 1982 establishing the General Authority for Investment

• Law No. 67 of 1983 concerning the General Authority for Minors Affairs

• Law No. 94 of 1983 establishing the Public Authority for Agriculture Affairs and Fish Resources

 

International conventions

• Decree Law No. 19 of 1979, on the approval of the Hague Convention of 1970 on the Suppression of Unlawful Seizure of Aircraft

• Decree Law No. 62 of 1979 approving the accession of the State of Kuwait to the Convention for the Suppression of Unlawful Acts against Safety of Civil Aviation

• Decree Law No. 71 of 1988 approving the Protocol on the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation

1.2 Government links

Ministries and Government Bodies

 

State Organizations and Authorities

Independent Government Establishments

 

Other Agencies

 

Kuwait Laws

 

1.3. Education Links

(Universities, Private Institution& International Associations)

1.4. Finance and Economy Links

 

1.5. Authorities and Institutions

1.6. Additional links

 

Studies and Research

 

News Agencies

 

Newspapers

 

Magazines

                                                                                    

Organizations and cultural associations