Kuwait laws you don’t need to know: Who let the dogs out?

Post by Fajer Ahmed

As inspiration from an app called “The Dumbest Laws” I have decided to make a series of posts called “Kuwait laws you don’t need to know” so I could inform you on things you don’t need to be informed on. I don’t know how many of these posts I can come up with but one of my favorite things to do while working is finding and reading these weird laws.

So anyways, here is the first one, it’s an excerpt from an officially translated version (ignore their grammatical errors) of Law No.9 from 1969 “With Regards To The Possession of Dogs and Preventive Measures Against Rabies”:

Article 1
Possession of dogs is not permitted unless a license is obtained from the Ministry of Health

Article 2
License of one or more dogs requires an application to be submitted to the competent veterinary center giving the following details:

1- Name of applicant, title, age, nationality and address
2- The location where the dog will be kept
3- Breed of dog, color and distinctive marks
4- The source of where the dog was imported

Article 5
A collar with a metal plate shall be put around each dog, giving the serial number referred to, the plates are obtained from competent veterinary free of charge, the dog owner should request a replacement, in which case he will have to pay 250 fils.

If a dog is arrested without a plate it will be sent to the Dog Detainment Center, and will not be handed to the owner, unless he requests so 7 days from the day of arrest, and pays a fee of KD1

Article 6
All dogs of all types shall not be left in public places without being controlled with a mask on their mouth

Article 15
The provisions herein apply to Kuwait City. The City of Kuwait with regards to the implementation of this article means the vicinities surrounded by the third ring road, the Health and Educational Areas and the Sulbikhat area, unless the dog belongs to a Bedouin as watch or hunt dogs, whether the owners live in the city or the desert

Article 16
Violators of this law will be liable to a maximum term of one month imprisonment maximum and/or KD30 fine.

Keep in mind, this was back in 1969.

Post by Fajer Ahmed – Legal Counsel
Have a Kuwait law related question? Email me at ask@fajerthelawyer.com

The legal opinions expressed in this post are those of the author Fajer. Opinions expressed by Mark or any other writer on 248am.com are those of the individual’s and in no way reflect Fajer’s opinion.


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Kuwait Law: The Labor Law Post

Post by Fajer Ahmed

The majority of the emails I get are regarding employment rights or should I say the lack of. I completely understand why I am getting all these questions. I am personally tired of how every time I walk into a store and ask an employee how long their shift is I get ridiculous answers like 8AM to midnight!

I realize how tough it is to go and speak out to your employer about a violation since I’ve been in that situation before. I also realize how bad Kuwait’s reputation has been over the years because of the way employees are being treated.

Recently I was hired by a company to help with some employee issues. The owner of the company stated that he didn’t know how he was supposed to treat his employees so I made an easy to read table with all the obligations of an employer as well as the rights of the employees. The full version of the law is hard-to-read and long so I rewrote it into a more direct and easy to understand language and placed them in a table for you below.

The law articles are mentioned in brackets for easy reference and the full version of the law is available [Here]. Click on the link below to view the rest of the post that includes the easy-to-read the table.

Read the rest of this entry »


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Kuwait Law: How does a non-Kuwaiti become a Kuwaiti?

Post by Fajer Ahmed

According to the Kuwaiti government, in 2008 Kuwait’s population consisted of 3.3 million people, 2.3 million of which are foreigners. That’s double the number of Kuwaitis so I can understand why the Kuwaiti government would want to protect the Kuwaiti citizenship, and therefore making the procedures/requirements for getting a Kuwaiti citizenship tougher than other countries. But how tough are they?

Before I get into that, I have to explain the unique situation of the citizenship law that states how a non-Kuwaiti may become a Kuwaiti:

1) It was one of the first laws in Kuwait, even before the constitution and before Kuwait was officially recognized as a country. The citizenship law was promulgated (published) in 1959, via an Amiri decree. (Kuwait didn’t have a parliament then)

2) The law has been edited and re-edited, written and rewritten, promulgated and un-promuglated over and over throughout the years; 1959, 1960, 1965, 1966, 1970, 1980, 1982, 1986, 1987, 1994, 1995, 1998, 2000…

3) Under article 1(e) of the Administrative Court Legislation, the courts do not have jurisdiction over issues pertaining to the issuance of a citizenship. Basically what it means is the court can’t deal, handle or look into any issues that has to do with the citizenship.

How can a non-kuwaiti can be considered for the Kuwaiti citizenship?

First of all you need to have fulfilled the three requirements below:

Then you need one of the below:

So let’s say you have all the requirements, let’s say for example Mark (he is Arab and has a decent job) becomes Muslim for 5 years or his family has been in Kuwait since 1965 or the government really thinks that 248am.com is making significant contributions to the country. So what does mark have to do to get the Kuwaiti nationality? First thing Mark has to do is apply to citizenship department (All paper requirements found here) then:

I have deliberately missed out some points regarding the issuance of citizenship’s because I did not want to complicate things. If you require any further clarifications please let me know, also if you have any stories you want to share feel free to do so.

Post by Fajer Ahmed – Legal Counsel
Have a Kuwait law related question? Email me at ask@fajerthelawyer.com

The legal opinions expressed in this post are those of the author Fajer. Opinions expressed by Mark or any other writer on 248am.com are those of the individual’s and in no way reflect Fajer’s opinion.

Picture on top by zDistrict


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Kuwait Law: Ramadan

Post by Fajer Ahmed

Ramadan Mubarak everyone. Since Ramadan is starting I wanted to write a post just informing you on Ramadan legal issues:

Working Hours

I am sure you have all noticed the fact that working hours decrease in Ramadan. That’s not just your boss being nice but working hours have to decrease during Ramadan because it’s the law. According to article 64 of Kuwait Labor Law (for the private sector only):

“It is forbidden to allow workers to work for more than 48 hours per week or 8 hours a day, except in such events as are specified in this Law. Working hours during the month of Ramadan shall be equal to 36 hours per week”

A maximum 36 hours a week in Ramdan for a 6 day working week is 6 hours a day (basically a 2 hour discount).

Eating in Public

There is a legislation dedicated for just eating/drinking in public in daytime during Ramadan. The legislation is the smallest I have ever seen and is under law No. 44/1968 if anyone wants to look it up.

Punishment up to KD100 and/or jail for 1 month:
i) for anyone that eats/drinks in public in daytime during Ramadan
ii) for anyone that helps or forces anyone to eat/drink in daytime during Ramadan

Also, a business that is caught serving food/beverages to the public in daytime during Ramadan will be punished by having their place shutdown for 2 months.

Again Ramadan Mubarak to everyone.

Post by Fajer Ahmed – Legal Counsel
Have a Kuwait law related question? Email me at ask@fajerthelawyer.com

The legal opinions expressed in this post are those of the author Fajer. Opinions expressed by Mark or any other writer on 248am.com are those of the individual’s and in no way reflect Fajer’s opinion.


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Kuwait Law: How much is your body worth?

Post by Fajer Ahmed

How much are your body parts worth in Kuwait? From a legal perspective and a legal perspective only, according to the Decree on the Regulation of the Table of Blood Money (DIYAH):

If someone hurts you by mistake with no criminal intent then they pay you the amounts listed below. If someone hurts you with criminal intent, then they pay the amounts listed below in addition to also getting punished for the crime.

Just a small note, the body parts add up. Death is actually cheaper than breaking an arm, a leg and losing an eye. Some animals cost more than KD10,000 so you would think a human life would be worth more.

Post by Fajer Ahmed – Legal Counsel
Have a Kuwait law related question? Email me at ask@fajerthelawyer.com

The legal opinions expressed in this post are those of the author Fajer. Opinions expressed by Mark or any other writer on 248am.com are those of the individual’s and in no way reflect Fajer’s opinion.


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Kuwait Law: Rent

Post by Fajer Ahmed

It’s been a while since my last post and since then I’ve gotten a lot of questions and rent was one of the most popular topics. That’s why I decided to put together a small FAQ on rent which you can take a look at below.

(All questions were answered according to rent law 35 for year 1978)

I have been living in my apartment for 3 years; can my landlord increase my rent?

No your landlord cannot increase rent. A landlord can only increase rent in the following situations:
1) If the tenant agrees to the proposed increase
2) Its been 5 years and the contract has ended (rule is once every 5 years)
3) The rent is 50% less than the market price

My landlord says he wants to increase the rent because he wants to do maintenance work? Does he have the right to do that?

No since the landlord is responsible for any maintenance and not the tenants.

I have a rental contract for 1 year but I’ve been living in the apartment for 18 months and the contract was never renewed. Now the landlord wants to kick me out. I know I have overstayed but do I have to leave immediately?

No in this situation he cannot kick you out but he can inform you to leave while giving you a grace period.
By law, if your rent contract ends and you continue living there then it renews by default for the same time of rent pay. Huh? What? Lawyers and there confusing terms… Simply put, if you pay rent on a monthly basis (which is how the majority of people pay rent in Kuwait) then your contract will renew automatically for a month at a time. If you paid rent every three months, then it will renew for 3 months, if you paid rent every 6 months your rent will renew every 6 months and so on.

What is the grace period?

Grace periods are only for when contracts renew by default (as explained above) and they depend on how often you pay your rent.

When can you really get kicked out? (with no grace period)

Reasons a landlord can kick you out are (for residencies and not commercial contracts)
1) If tenant hasn’t paid rent
2) If the tenant rents out the residency to a third person without permission
3) If the residence is being used for illegal activities
4) If the building is no longer structurally safe
5) If the landlord wants to rebuild the building or reconstruct it. There are a lot of variables for this one which I won’t get into.

My American friends can rent an apartment without a marriage certificate but I can’t seem to do the same? Do different citizens get treated differently in Kuwait by law?

Nationalities are not mentioned in the law so the law doesn’t talk about one nationality being treated differently than another (unless its Kuwaiti but that’s not in the rent laws), and therefore it is very disappointing to see that this kind of discrimination is being implemented in Kuwait.

Marriage certificates are also not mentioned in the law and my guess and only guess is that they ask for marriage certificates because unmarried couples might possibly engage in illegal sexual activities. The law restricts apartments from being used for illegal activities and sexual activity between two unmarried couples is considered illegal by law.

Post by Fajer Ahmed – Legal Counsel
Have a Kuwait law related question? Email me at ask@fajerthelawyer.com

The legal opinions expressed in this post are those of the author Fajer. Opinions expressed by Mark or any other writer on 248am.com are those of the individual’s and in no way reflect Fajer’s opinion.


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Two wrongs don’t make a right

Post by Fajer Ahmed

So I got a parking sticker yesterday for parking illegally, let’s talk about this from a legal perspective and a legal perspective only:

1) The constitution says no crime or punishment only by law. Can you please show me where in the law it says the punishment for parking in a no parking zone is to stick a sticker on the violating car?

2) Punishments are to be carried out by police officers. Mall and campus security are not police officers.

3) Do you know that it’s illegal to stick stickers on cars? Even your own car.

I take full legal responsibility for my actions and call for the law to be executed upon me. I know what I did was wrong and a no parking ticket would have been worse than a sticker, it would have cost me more anyways. But I just get bothered when someone does something illegal in the name of the law, don’t do something illegal to let me know that I was illegal! Two wrongs don’t make a right.

Post by Fajer Ahmed – Legal Counsel
Have a Kuwait law related question? Email me at fajer.ar@gmail.com

The legal opinions expressed in this post are those of the author Fajer. Opinions expressed by Mark or any other writer on 248am.com are those of the individual’s and in no way reflect Fajer’s opinion.


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Kuwait Law: Passport Rights

Post by Fajer Ahmed

THE QUESTION
Hey Fajer, I work for a private company in Kuwait and the company has my passport (and other employees) and refuses to keep it with us because they’re afraid we might leave the country. Do they have a right to keep our passports? I was told they don’t but I’m afraid if I make a big issue out of this then I might get fired.

THE RESPONSE
So this question/answer is only for private company employees

Do employers have the right to keep an employees passport?

No, No and NOOOOO!

This is a very common question, at work and now from my readers on the blog.

Why is it illegal?

The Ministry resolution number 143/A/2010 says in (Article 1) “It is prohibited for private sector employers and oil sector employers to hold traveling documents of their employees”

Then (Article 2) mentions a punishment from the labor law for employers in the private sector who do not follow (Article 1). The punishment mentioned in (Article 141) from the labor law is as follows:

“In the event where the violator does not remedy the violation within the specified period, he shall be subject to a fine of not less than KD100 and not more than KD200 for each of the workers who are involved in the violation. In the event of recurrence within three years from the date of the final judgment, the punishment shall be doubled.” This means that your employer will get fined KD100-200 for keeping your passport.

Can you get fired?

No, No and NOOOOO!

You can not get fired except for reasons stated in the law which I won’t get into now but basically non of them is for telling your boss to be legal.

I want everyone to know the following for any labor law violations by your employers in the future:

– There is a hotline you can call (no one picked up when I called) 128

– There is a site where you can file a complaint (no one replied to me yet) http://www.mosal.gov.kw/

– There is also an NGO organized by Bibi Nasser called Social Work Society of Kuwait located in mishref www.q8sws.com Tel: 25375031 they might be able to help you with issues, even though most of their work is for domestic and construction workers

– According to the labor law, if you have a complaint against your employer, the Minstry of Labor and Social affairs will look into it before it gets to court and will try to resolve it

– If it does go to court, the court has exempted laborers from any court fees

– I sat with officials 2 weeks ago from the Minstry of Labor and Social Affairs for a research paper by John Hopkins about domestic workers in Kuwait and their rights. The officials I met with told me that an employee who’s passport is held by their employer can come in if he or she really needs to travel and get a paper from them that will allow the employee to travel

Fajer Ahmed – Legal Counsel
Have a Kuwait law related question? Email me at fajer.ar@gmail.com

The legal opinions expressed in this post are those of the author Fajer. Opinions expressed by Mark or any other writer on 248am.com are those of the individual’s and in no way reflect Fajer’s opinion.


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Capital Punishment
 in Kuwait

Post by Fajer Ahmed

There has been a lot of debate about the pros and cons of capital punishment in the past few days which is why I wanted to take the time to explain capital punishment in the Kuwaiti law.

What is the procedure before getting capital punishment?

So an accused gets three trials, when he gets a guilty verdict in a trial he HAS to appeal. If he doesn’t appeal then the public prosecution will appeal the case. Before being sentenced with capital punishment an accused has to be proven guilty three times in three different trials made up of different judges. After three different guilty verdicts, the accused get sentenced to capital punishment. But, even then, capital punishment would not be executed unless the highest authority signs off on the sentence.

Who is exempted from capital punishment?


What are the crimes that you would get capital punishment for?

The below apply to everyone, Kuwaiti or non Kuwaiti, visa or no visa, pretty or ugly… as long as you committed the crime in Kuwait.

– Murder, deliberate + premeditated by il will (Article 150 with a def in Article 151)

– Any person that kidnaps another person using force or threat or with the intent to kill, hurt or rape (Article 180)

– Sexual intercourse with a female without her consent and the accused was related to the girl, or was her teacher, her caretaker or her servant. (Article 186)

– Sexual intercourse with a female with her consent but the female is not mentally stable and the accused knew this or if the girl was under 15 years of age. In both cases the accused was related to the girl, or was her teacher, her caretaker or her servant. (Article 187)

– Capital punishment found in other Kuwaiti laws
 like national security crimes (treason for example)

– For growing, selling, buying or importing or exporting drugs the accused might get capital punishment. But, if you add any of the following points as well then the accused will get capital punishment:


1) The drug is cocaine, heroine, Acetyldihydrocodeine and Codeine

2) You’re a public employee
3) Used a minor to help with the drug crime

4) Its the accused 2nd time convicted of either growing, selling, buying or importing or exporting drugs

The above is based on the Kuwaiti law and not my opinion. If there is anything that isn’t clear leave a comment below and I will try to clarify it.

Fajer Ahmed – Legal Counsel
Have a Kuwait law related question? Email me at fajer.ar@gmail.com

The legal opinions expressed in this post are those of the author Fajer. Opinions expressed by Mark or any other writer on 248am.com are those of the individual’s and in no way reflect Fajer’s opinion.


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Kuwait Law Posts

Post by Mark

Last week a user in the forum posted asking for legal advice. His brother was accused of shoplifting and needed some legal advice. I asked my lawyer friend to look at his question and then it gave me an idea, how about Kuwait law related posts on this blog? Starting from today my friend Fajer is going to be posting every now and then on this blog answering law related questions, she’s already started with the post below on shoplifting. If you have any law related questions you could contact her on fajer.ar@gmail.com and we’ll be choosing the most interesting ones to answer on the blog. This should be interesting.


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