Kuwait Raises Legal Marriage Age to 18 with New Decree-Law
The explanatory memorandum accompanying the law, which came into effect today, states: 'In alignment with the Constitution of the State of Kuwait, which emphasizes the protection of family, motherhood, and childhood, and under the principles of Islamic Sharia, this amendment also considers Kuwait's international obligations. These include the Convention on the Rights of the Child, which defines a child as anyone under the age of eighteen and obligates states to protect them from early marriage, as well as the Convention on the Elimination of All Forms of Discrimination against Women, which ensures the free and full consent of spouses and advocates for setting a minimum age for marriage. Consequently, it has been decided to amend Article (26) of Law No. (51) of 1984 regarding Personal Status to prohibit marriage documentation unless both spouses have reached the age of eighteen.'
The memorandum further explains that the draft decree-law has been prepared, with its first article stipulating the replacement of Article (26) of Law No. (51) of 1984. This revised article explicitly prohibits the documentation or ratification of a marriage contract for anyone under the age of eighteen at the time of documentation. The second article mandates that the Prime Minister and ministers are responsible for implementing this decree-law, which will take effect from the date of its publication in the Official Gazette.
In the same issue, a decree-law added a new paragraph to Article 15 of the Jaafari Personal Status Law. The addition states: 'It is prohibited to document or ratify a marriage contract for anyone who has not reached the age of eighteen at the time of documentation.'
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