KUWAIT Law and Practice Contributed by: Dr Fawaz Alkhateeb, Taher Group Law Firm Co
1. General 1.1 General Characteristics of the Legal System Kuwait’s legal system combines elements of civil law and Islamic law (Sharia). It is characterised by a comprehensive legal code influenced by French and Egyptian legal systems, with Sharia particularly affecting family and personal sta- tus matters. The system follows an adversarial approach, features both oral and written pro- ceedings, and has a written constitution. Legal representation by lawyers is common, and the court system is hierarchical with specialised courts. Mediation and conciliation are encour- aged, and efforts have been made to modernise commercial and financial laws. Arbitration is also recognised as an alternative dispute resolution mechanism. 1.2 Court System Kuwait’s court system covers a wide range of subject matter jurisdictions, from civil and com- mercial cases to family and probate matters. The structure of Kuwait’s court system includes the following. Court of Cassation (Mahkamat al-Tamyeez) This is the highest court in Kuwait, serving as final court of appeal. It primarily deals with reviewing cases on points of law, including constitutional issues. Decisions of the Court of Cassation are final and binding. Courts of Appeal (Mahkamat al-Istinaf) These intermediate appellate courts review deci- sions made by lower courts, primarily the courts of first instance, and examine the legal and fac- tual aspects of cases. There are separate Courts of Appeal for civil and criminal matters.
Courts of First Instance (Mahkamat al-Darajah al-Ula)
These are the trial courts where cases are ini- tially heard. They handle a wide range of cases, including civil, criminal, family, and commercial matters. Specialised Courts In addition to the general courts, Kuwait also has specialised courts, including administrative courts that deal with cases involving government actions, and family courts. Commercial Courts Commercial disputes are typically heard in sepa- rate commercial courts, which have specialised judges with expertise in commercial and busi- Kuwait has labour courts to adjudicate employ- ment-related disputes between employers and employees. Small Claims Courts These specialised courts handle smaller civil dis- putes involving limited monetary claims. Sharia Courts Sharia courts deal with personal status and family law matters, especially those related to ness matters. Labour Courts
Islamic law (Sharia). Constitutional Court
Kuwait’s Constitution established a Constitu- tional Court, tasked with reviewing the consti- tutionality of laws and government actions. This court ensures that the country’s laws adhere to the principles of the Constitution.
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