25-05-2025
End of legal shield for kidnappers, infanticide in Kuwait's penal code
KUWAIT CITY, May 25: Decree- Law No. 70/2025 repealing Articles 159 and 182 of the Penal Code (Law No. 16 of 1960) was published in the Official Gazette (Kuwait Al-Youm) on Sunday. In the explanatory memorandum of the decree-law, the Ministry of Justice -- headed by Justice Minister Nasser Al-Sumait -- stated that the decision to repeal the abovementioned articles is based on the constitutional principles safeguarding motherhood and childhood, as well as the commitment of Kuwait to the international agreements on the protection of children's rights. The ministry pointed out that the provisions of Article 159, which grant a mitigating legal excuse to a mother who kills her newborn to avoid shame, are incompatible with the values enshrined in the Constitution and the international conventions. It clarified that Article 159 contradicts Articles 9 and 10 of the Constitution.
Article Nine affirms that the family is the foundation of society, and it should be protected based on religion, morality, and love of the homeland; while Article 10 obligates the State to care for the young, protect them from exploitation, and shield them from all forms of neglect. It added that the right to life is the foundation upon which all other rights are built,t and this principle is strongly affirmed in the Islamic Sharia. It cited Surat At-Takwir (verses 8-9): 'And when the female infant is buried alive is asked, for what sin was she killed?' as well as Surat Al-Isra (verse 31): 'And do not kill your children for fear of poverty. We provide for you and them.' It also referenced Kuwait's international obligations, including the Convention on the Rights of the Child (1989), ratified under Law No. 104/1991, in which Article Six stipulates: 'States or parties recognize that every child has the inherent right to life ... and shall ensure to the maximum extent possible the survival and development of the child.'
The Arab Charter on the Rights of the Child (1983), ratified by Law No. 36/1993, was also cited for its emphasis on maximum legal protection for children against violence and neglect. The ministry argued that continuing to apply Article 159 constitutes an unjustified legal exception, which contradicts constitutional principles and international obligations by effectively minimizing the gravity of crimes against the life of a child. On repealing Article 182, the ministry stressed that this is also based on constitutional principles, which guarantee justice, equality, and the protection of individual rights and freedoms. It pointed out that this article allows the kidnapper of a woman to evade punishment by marrying the victim with the consent of her guardian.
According to the ministry, this provision contradicts Article 29 of the Constitution, which states that all people are equal in human dignity and before the law, without discrimination based on gender, origin, language, or religion.
'By permitting a perpetrator to escape accountability through marriage, Article 182 introduced unjustified legal discrimination and violated the victim's rights. It also perpetuated a culture of impunity and failed to meet Kuwait's obligations under international conventions on combating violence against women,' the ministry elaborated. It asserted that repealing this article is essential to align national legislation with constitutional values, international standards, and the principles of criminal justice. Following the issuance of the Amiri Decree on Oct 5, 2024, stipulating that laws shall be issued through decree-laws; Decree-Law No. 70/2025 was drafted.
- Article One of the decree repeals Articles 159 and 182 of the Penal Code (Law No. 16/1960).
- Article Two obligates the concerned ministers to implement the law, which takes effect from the date of its publication in the Official Gazette. For reference, the following are the repealed articles:
Article 159: 'Any woman who intentionally kills her newborn immediately after birth to avoid shame shall be punished by imprisonment for a period not exceeding five years and a fine not exceeding 5,000 rupees or by one of these two penalties.'
Article 182: 'If a kidnapper marries the woman he kidnapped in a legal marriage with the permission of her guardian, and the guardian requests that the kidnapper not be punished, he shall not be subjected to any punishment.'
