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Provisions related to forced marriage in Kuwait are found in the 1984 Law concerning personal status, which addresses forced marriage at Articles 44 and 45.
There appears to be no legislation in Kuwait that requires consent to marriage.
There appears to be no legislation in Kuwai that prohibits servile matrimonial transactions.
There appears to be no legislation in Kuwait that prohibits marriage trafficking.
The minimum age for marriage in Kuwait is 15 for females and 17 for males, as set out on Article 26 of the 1984 of the Law concerning personal status. There are no exceptions allowing marriage below this minimum age.
Asia-Pacific
Not party to a court
Mixed
Paragraph 252.
Legislative measures taken
(a) Article 185 of the Penal Code (enacted as Communiqué 16/1960).
(b) Article 48 of the same Code.
(c) Articles 29,30, 31 and 42 of the Constitution…
Administrative measures
(a) Communiqué No. 1/63 issued by the Under Secretary of the Ministry of Finance and Industry (Customs and Ports).
(b) Circular issued by the Minister of the Interior.
Paragraph 31
The slave-trade has been totally prohibited in Bahrain, Qatar and Kuwait… The proclamations issued in Bahrain [1937], Kuwait [1949] and Qatar [1952] are thought to have been completely effective
Article 22
While keeping to the rules of social justice the Law shall, on economic principles, regulate the relations between laborers and employers and the relations between landlords and their tenants.
Article 30
Personal liberty is guaranteed.
Article 31
No person may be arrested, imprisoned, searched, have his residence restricted or be restrained in liberty of residence or of movement save in conformity with the provisions of the Law.
No person shall be subjected to torture or to ignominious treatment.
Article 41
Every Kuwaiti shall have the right to work and to choose the nature of his occupation.
Work is the duty of every citizen. Dignity requires it and the public welfare ordains it. The State shall make work available to citizens and shall see to the equity of its conditions.
Article 42
No coercive labor shall be imposed on any one save in cases of national emergency determined by Law and with equitable compensation.
Article 180
Anyone who uses force, threats or deception to abduct a person with the intention of killing him, inflicting harm upon him, having sexual intercourse with him, committing indecent assault against him, inducing him to engage in prostitution or robbing him shall be liable to the death penalty
Anyone who knowingly conceals a person who has been abducted shall be punished as if he himself had abducted that person. If he is also aware of the intention behind, or the circumstances of, the abduction, the penalty shall be the same as for the person who carried out the abduction with such intention or in such circumstances.
Article 184
Anyone who arrests, imprisons or confines a person in circumstances other than those prescribed by law or without observing the procedures thus prescribed shall be punished by a term of up to three years’ imprisonment and/or a fine of 3,000 rupees. If such acts are combined with physical torture or the threat to kill, the penalty shall be a term of up to seven years’ imprisonment, to which may be added a fine of 7,000 rupees
Article 185
Anyone who causes a person to enter or leave Kuwait with a view to disposing of the said person as a slave, and anyone who purchases, offers for sale or gives away a person as a slave, shall be liable to a penalty of up to five years’ imprisonment
Article 200 Anyone who incites a male or female person to commit acts of debauchery or prostitution, or in any way assists therein, shall be punished by a term of up to one year’s imprisonment and/or a fine of up to 1,000 rupees. If the victim is under 18 years of age, the penalty shall be a term of up to two years’ imprisonment and/or a fine of up to 2,000 rupees (;
Article 201
Anyone who uses force, threats or deception to induce a male or female person to engage in debauchery or prostitution shall be punished by a term of up to five years’ imprisonment and/or a fine of up to 5,000 rupees. If the victim was under 18 years of age, the penalty shall be a term of up to seven years’ imprisonment and/or a fine of up to 7,000 rupees;
Article 202
Any man or woman who, by using force or exerting influence or control over another person who engages in acts of debauchery or prostitution, wholly or partially lives off the money so earned by that person, whether he or she obtains such money with the agreement of the latter for nothing in return or as a form of payment in return for protection or freedom from harassment, shall be punished by a term of up to two years’ imprisonment and/or a fine of up to 5,000 rupees;
Article 203
Anyone who establishes or runs premises for the purpose of acts of debauchery or prostitution, or in any way assists therein, shall be punished by a term of up to two years’ imprisonment and/or a fine of up to 2,000 rupees;
Article 204
Anyone who openly induces in a public place the commission of an act of debauchery or prostitution shall be punished by a term of up to two years’ imprisonment and/or a fine of up to 2,000 rupees. The same penalties shall be applicable to any person who prints, sells, distributes or displays images, drawings, models or any other item which is offends modesty;
“Trafficking in persons” shall mean the recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or the giving or receiving of payments or benefits to achieve the consent of a person having control over another person for the purpose of exploitation. Exploitation shall include, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs.
Article 2-Trafficking in Persons
Without prejudice to any severer penalty provided for by the law of another, shall be punished by imprisonment of fifteen years each of the trafficking in persons as set forth in Article 1 of this law. The penalty shall be life imprisonment if the crime is accompanied by one of the following conditions
If committed by an organized criminal group and the accused has contributed to create, organize, manage, or commanded or acceded to knowing its purposes
If the character is a national crime
If the perpetrator is a pair of the victim or one of his ascendants, descendants or had control over it
If the crime was committed by two or more persons or of the person holding the visible or concealed weapon
Article 4
Shall be punished by imprisonment for a term not exceeding five years, both concealed or more persons who have committed Jeraiom stipulated in the two preceding articles, or participated in the commission, victims where Bakzd flee from justice or for any other purpose knowingly and all those who contributed to hide landmarks the crime
(…)
Article 8
Shall be punished by imprisonment for a period of fifteen years not exceeding Whoever transgresses on one of those in charge of the implementation of this law or resisted by force or violence while carrying out his job or caused the penalty shall be life imprisonment or a temporary period not exceeding fifteen years if the assault or resistance permanent disability or distortion particle removal is not likely or if the perpetrator was carrying a weapon or power of men were assigned to maintain security, the penalty shall be death or if the infringement has led resistance to the death
KUWAITI LAW NO. 91/2013 ON COMBATING TRAFFICKING IN PERSONS AND SMUGGLING OF MIGRANTS (PDF)
Article (19)
It shall be prohibited to employ persons who are below the age of 15 years.
Article (20)
Subject to the approval of the ministry, it shall be allowed to employ juveniles who reached 15 years of age but did not exceed 18 years subject to the following conditions:
a- They shall not be employed in industries or professions that are, by a resolution of the Minister, classified as hazardous or harmful to their health.
b- They shall have a medical examination before the start of employment and thereafter have periodical similar examinations at intervals not exceeding six months. The Minister shall issue a resolution in which he shall determine these industries and professions, as well as procedures for and intervals of such medical examinations.
Article (21)
Juveniles shall work for maximum of six hours per day, and shall not be employed for more than four hours straight, followed by a break of not less than one hour.
They shall not be employed for overtime working hours, on weekly rest days, official holidays or at any time from 7:00 in the evening to 6:00 in the morning.
Article (64)
Without prejudice to the provisions of Article (21) of this Law, 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.
However, it shall be allowed, by a ministerial resolution, to reduce working hours in hard jobs, jobs that are harmful by nature or for severe circumstances.
Article (65)
a- Workers shall not be required to work for more than five consecutive hours a day without a break of a minimum of one hour that is not included in the working hours.
The Financial, commercial and investment sectors shall be excluded from this provision and the working hours shall be equal to eight consecutive hours.
b- After having obtained consent of the Minister, workers may be required to work without a rest break for technical and urgent reasons or in office work provided that the total daily working hours is one hour less than the number of daily working hours specified in Article (64).
Article (98)
The right to establish unions for employers and the right to syndicate organization for workers is guaranteed in accordance with the provisions of this Law. The provisions of this chapter shall apply to workers in the private sector. They shall also apply to the workers in the public and oil sectors to the extent that they do not conflict with the provisions of other laws regulating their affairs.
Article (99)
Kuwaiti workers shall have the right to form syndicates to protect their interests, improve their financial and social conditions, and represent them in all affairs related to them. Employers shall also have the right to form unions for the same purposes.
Article 24
A required in a civil marriage of reason and adulthood. (B) the judge may authorize the marriage of the insane or insane, male or female, if it is proved by a medical report that his marriage is useful in his recovery, and the other party agrees his condition.
Article 26
It prevents documenting the marriage contract, or approved unless the fifteenth girl, is the seventeenth-old boy from the time of registration.
Article 44
The right to marry in force is necessary, or take unnecessary, or is already in force.
Article 45
A force necessary to marry is not be suspended on a vacation, nor capable of dissolution, in accordance with the provisions of this law. B marry in force is necessary is to accept the annulment justified because of this law. (C) the marriage is in force is held suspended on leave from his right to leave.
Article 46
Marriage proper force necessary entail since held all the legal effects.
Note: Human Rights Watch – Kuwait: UPR Submission 2014
“Under the law, a woman is never free to make a marriage decision on her own. Unlike a man, she is not free to conclude her marriage contract but must have a male guardian (wali) do so on her behalf, regardless of her age. A woman between 15 and 25 years of age may be prohibited by her guardian from marrying, and while she may appeal to the courts she still cannot marry if the court rules against her. In addition, the minimum age for registering a marriage is fifteen for women, and 17 for men in contravention with international standards that recommend a minimum age of marriage at 18.”
Rule number 1
Marriage is a contract between a man and a woman, which is legally permissible for him, with the aim of housing, compassion, and the strength of the ummah.
Article 8
Marriage takes place with the offer of the wife’s guardian and the consent of the husband or whoever takes their place.
Article 24
A required in a civil marriage of reason and adulthood. (B) the judge may authorize the marriage of the insane or insane, male or female, if it is proved by a medical report that his marriage is useful in his recovery, and the other party agrees his condition.
Article 26
It prevents documenting the marriage contract, or approved unless the fifteenth girl, is the seventeenth-old boy from the time of registration.
Article 27
A- It is permissible to authorize the marriage contract. B – The agent may not marry a person whom he appointed of himself unless it is stipulated in the agency.
Article 28
A- Curious marriage, if it is valid, depends on the permission of the person concerned. B – If the agent in marriage exceeded the limits of his agency, he was curious.
Article 29
A – The guardian in the marriage of the firstborn who is between puberty and the age of twenty-five is the same league according to the order of inheritance, and if there is no league, then the guardianship is the judge. This provision applies to the insane and the lunatic, male or female. B- The guardian and the guardian must meet her opinion
Article 30
The virgin or one who has reached twenty-five years of age, the opinion is of her in her marriage, but she does not proceed with the contract herself, but that is to her guardian. As an exception from the previous paragraph, the virgin may request the Sharia authentication judge to direct her marriage contract with her previous husband, after notifying her guardian to hear his opinion. (This paragraph was added under Law No. 29 of 2004, first))
Article 31
If the guardian impairs the girl, then she may refer the matter to the judge to order or not to order the marriage, and also if there are multiple guardians and they are in the same degree and they are all together, or they differ.
Article 32
For the guardian who is not forbidden to marry himself from his mistress with her consent.
Article 33
A- Whoever reaches out to her foolishness, or who is foolish, may marry himself. B – If his marriage was after the stone, then I have the right to object to more than the dowry of the same.
Article 34
The necessity of marriage is a condition that the man be competent for the woman at the time of the contract, and the right of annulment is established for both the woman and her guardian when competence is missing.
Article 44
The right to marry in force is necessary, or take unnecessary, or is already in force.
Article 45
A force necessary to marry is not be suspended on a vacation, nor capable of dissolution, in accordance with the provisions of this law. B marry in force is necessary is to accept the annulment justified because of this law. (C) the marriage is in force is held suspended on leave from his right to leave.
Article 46
Marriage proper force necessary entail since held all the legal effects.
Note: Human Rights Watch – Kuwait: UPR Submission 2014
“Under the law, a woman is never free to make a marriage decision on her own. Unlike a man, she is not free to conclude her marriage contract but must have a male guardian (wali) do so on her behalf, regardless of her age. A woman between 15 and 25 years of age may be prohibited by her guardian from marrying, and while she may appeal to the courts she still cannot marry if the court rules against her. In addition, the minimum age for registering a marriage is fifteen for women, and 17 for men in contravention with international standards that recommend a minimum age of marriage at 18.”
Article 49
The marriage is void: a- If there is a defect in the formula or the capacity of the contractor, the contract will be prevented. B – If the wife is a relative, breastfeeding, intercourse, wife of another, or his maidservant, or divorced husband three times, or it is not permissible to combine her with someone who is infallible, or she does not owe a divine religion. C – If one of the spouses is an apostate, or the husband is a non-Muslim and the woman is a Muslim. In the two preceding paragraphs b and c, it is required to prove knowledge of the prohibition and its reason, and ignorance is not considered an excuse if his claim is not accepted by someone like the plaintiff.