Category: Kuwait

Kuwait is one of the few countries in the world where alcohol is not available. The topic is also confusing with people having different assumptions on what is legal and what isn’t. We all know it is illegal to sell alcohol but is it illegal to buy? Are we allowed to have alcohol for personal consumption? Is it illegal to make?

Article 206 of Kuwait Penal Law no.16 promulgated in 1960 states:

206(a) – Any person who brings, imports or manufactures alcoholic or intoxicating beverages for the purpose of trading shall be panelized for a period not exceeding 10 years.

The article doesn’t mention anything about purchasing alcohol but what about if you bring or manufacture alcohol for personal use? The article clearly states that you are only punished if it is “for the purpose of trading”. Lets read Article 206(b)

206(b) – However, if the intention of bringing, importing or manufacturing is not trading or promotion, the person shall be penalized with a fine not exceeding KD100 and should he repeat this act the penalty shall be for a period not more than six months and/or a fine of not more than KD100.

So I guess the first time you get alcohol into Kuwait for personal use you are fined only but the next time you can go to jail and/or fined. The same applies for manufacturing alcohol for personal consumption.

206(d) – Any person who takes alcoholic or intoxicating beverages to a public place or to a place where he may be seen by others be it a public place or a private club, and any person who brings the alcoholic or intoxicating beverage to the said place for another person to consume shall be penalized for a period not exceeding 6 months and/or fined not more than KD50.

Any person who is found drunk will be punished the same.

So the law abstains from mentioning much about personal consumption of alcohol so therefore it is not a crime to drink inside your private space (house/apartment) just as long as you don’t step outside if you are drunk.

Please be careful and stay legal people.

Post by Fajer Ahmed – Legal Counsel
The legal opinions expressed in this post are those of the author Fajer. Opinions expressed by Mark or any other writer on mark248am1.wpenginepowered.com are those of the individual’s and in no way reflect Fajer’s opinion.

A video of youngsters kissing in a car went viral yesterday and controversy followed. Information on the youngsters names, job positions and even stuff about their families started spreading between people. I am bitter, I think if you do see something that might harm a person’s reputation or get a person in legal trouble then DO NOT SHARE!

Lets look at Article 198 from the Kuwait Penal Law,

“Any person who makes an indecent sign or an act in a public place in such a manner that he is seen or is heard by whoever is in a public place, or he imitates the other sex in any form of forms, shall be punished with imprisonment for a period that shall not exceed one year and a fine that shall not exceed one thousands Dinars or by either of the penalties”

The Article is very vague and includes a variety of acts as crimes. Let us break it down:

1) “an indecent sign or an act in a public place” – this means anything from making out, to giving the middle finger, to writing a swear word, seriously who decides what is indecent?

2) “in such a manner that he is seen or is heard by whoever is in a public place” – so it doesn’t have to take place IN the public place as long as it could be seen/heard FROM a public place, so basically in your car, your office if the windows are open and your not private twitter account are all applicable.

3) “he/she imitates the other sex in any form of forms” – and who decides this too? Its 2013, products are turning unisex, seriously me and Mark have the same purple shorts.

What they did was not smart but let us just hope that they just get fined, and I quote Mark – “that’s excitement in Kuwait for ya”

Post by Fajer Ahmed – Legal Counsel
Have a Kuwait law related question? Email me at [email protected]

The legal opinions expressed in this post are those of the author Fajer. Opinions expressed by Mark or any other writer on mark248am1.wpenginepowered.com are those of the individual’s and in no way reflect Fajer’s opinion.

Last week I was helping out a friend with a university project related to sexual crimes under Kuwait’s Penal Law and I thought it would be something interesting to share on the blog as well because there’s a lot of confusion on the subject. Whether you or I agree or do not agree with the law, please stay safe and legal readers.

Note: Where I have written a person is guilty and age does not matter, that means the age does not matter for the crime to occur. That does not mean the person gets punished if underaged, instead juvenile laws are followed.

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.

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 mark248am1.wpenginepowered.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 [email protected]

The legal opinions expressed in this post are those of the author Fajer. Opinions expressed by Mark or any other writer on mark248am1.wpenginepowered.com are those of the individual’s and in no way reflect Fajer’s opinion.

Picture on top by zDistrict

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 [email protected]

The legal opinions expressed in this post are those of the author Fajer. Opinions expressed by Mark or any other writer on mark248am1.wpenginepowered.com are those of the individual’s and in no way reflect Fajer’s opinion.

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 [email protected]

The legal opinions expressed in this post are those of the author Fajer. Opinions expressed by Mark or any other writer on mark248am1.wpenginepowered.com are those of the individual’s and in no way reflect Fajer’s opinion.

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) https://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 [email protected]

The legal opinions expressed in this post are those of the author Fajer. Opinions expressed by Mark or any other writer on mark248am1.wpenginepowered.com are those of the individual’s and in no way reflect Fajer’s opinion.

Hi everyone, my name is Fajer and I’m a legal counsel at a local law firm. One of Mark’s forum users had a law related question and he thought it might be a good idea to get me involved on the blog with law related posts starting with the questions his forum user had. I’ll post the users problem first followed by my response below it.

THE PROBLEM
My brother was accused of shoplifting a packet of AAA batteries at a supermarket. He was leaving the supermarket when the detector at the exit started buzzing and they found the battery pack on him. It was by accident and he tried to explain that to them but he was arrested, booked and slapped with a robbery case as well as a travel ban.

My questions are the following:
1) What is the law here towards shoplifting?
2) Is it justifiable to send a guy to jail and keep him there for more than 24 hours without a case?
3) I heard from a friend of mine supermarkets usually don’t get first time offenders arrested and just end up paying a penalty instead is that true?
4) Is it possible to friendly settle this case out of court?

THE RESPONSE
The answer to your situation is not very straight forward but I will try to go through your questions and explain everything to you.

1) What is the law here towards shoplifting?
There is no specific law in Kuwait towards shoplifting but the act of shoplifting falls under the crime of robbery. The official English translation of the Kuwaiti criminal law describes robbery in Article 217 as “A person is guilty of robbery, if he embezzles movable property, owned by a third party, with the intent to acquire it” … ahhh lawyers and their confusing legal sentences… so wait lets break things down.

In every law, for any country, all crimes consist of two parts:

Point here is that you have to have intent to steal to be charged with robbery. If your brother forgot to pay for the batteries by accident, the verdict should be innocent but to get to that verdict you need to prove “Mens Rea”.

2) Is it justifiable to send a guy to jail and keep him there for more than 24 hours without a case?
According to the new criminal procedures law (and without getting into detail), the police officers have the right to hold someone up to 48hrs (it used to be longer) if they are accused of a crime. This would not be in prison but in a police station with the aim of starting an initial investigation before going to court. Their initial investigation might be to ask a few questions, find evidence and to figure out what laws apply.

3) I heard from a friend of mine supermarkets usually don’t get first time offenders arrested and just end up paying a penalty instead is that true?
Article 143 states that it is a crime to not report a robbery so the Supermarket was abiding by the law when they reported the crime to the police. Now some supermarkets might be more forgiving and let it slide, but, “letting it slide” is a crime on their part and so I could understand why some supermarkets wouldn’t want to let it slide.

An interesting fact, if you’re inside a supermarket and you pick up a chocolate bar, eat it and then leave the supermarket without paying for it, then you have not “taken the property from the possession of a third party” (as the law article goes on to define embazzlment) therefore you have not moved the object from the ownership of the supermarket and so is not defined as robbery. This definition caused a lot of problems in Kuwait because people were using services and not paying for them or eating at restaurants and not paying for the meal so another law was passed where it said that this action was not a crime… but you had to pay a fine of KD75 plus the cost of the service or food you ate. So most likely that’s the penalty you heard about.

4) Is it possible to friendly settle this case out of court?
No it is not possible to settle robbery cases in Kuwait. Some crimes in Kuwait like robbery are considered to be against the community and not just the supermarket and so one individual does not have the right to settle it. The criminal court needs to look into the case.

So I know you didn’t ask me this, but…

5) What is the punishment for robbery in Kuwait?
Article 219 of the criminal states the punishment as being up to 2 years of jail time or/and a fee of up to 2000 Rupees (yes the law is that old that the fees are still in Indian Rupees).

So this means that a judge can ask the accused to go to jail for 2 weeks or 2 months or 6 months and 3 days just as long as it is not more than 2 years. Or he can make you pay 100 rupees or 1500 rupees. He could also decide no punishment or both a jail time and fine. The judges have a lot of power here.

But the maximum isn’t always 2 years because Article 221 was added and changed it to 3 years for certain situations:

Hope the above helps you out. One more thing I forgot to mention, the cost of the item doesn’t matter so a packet of AAA batteries or a gold necklace are treated the same.

Fajer Ahmed – Legal Counsel
Have a Kuwait law related question? Email me at [email protected]

The legal opinions expressed in this post are those of the author Fajer. Opinions expressed by Mark or any other writer on mark248am1.wpenginepowered.com are those of the individual’s and in no way reflect Fajer’s opinion.