The legal system of Kuwait
A civil-law system on the Egyptian model with Sharia governing personal status, and historically the Gulf's most powerful elected legislature. The civil code follows the Egyptian Civil Code of 1949, which transmitted French civil-law structure into the Arab world, while personal status, succession and family matters remain governed by Sharia as applied by the courts. The National Assembly could interrogate and force the resignation of ministers, and its confrontations with the executive produced repeated dissolutions. In May 2024 the Emir dissolved the Assembly and suspended several constitutional articles for up to four years, assuming legislative power directly — so the constitutional position described here is materially different from the one that operated for the preceding six decades, and profiles that describe Kuwait as having an active elected legislature are now out of date.
Legal tradition
Kuwait belongs to the mixed (civil law and islamic law) tradition. A civil-law system on the Egyptian model with Sharia governing personal status, and historically the Gulf's most powerful elected legislature. The civil code follows the Egyptian Civil Code of 1949, which transmitted French civil-law structure into the Arab world, while personal status, succession and family matters remain governed by Sharia as applied by the courts. The National Assembly could interrogate and force the resignation of ministers, and its confrontations with the executive produced repeated dissolutions. In May 2024 the Emir dissolved the Assembly and suspended several constitutional articles for up to four years, assuming legislative power directly — so the constitutional position described here is materially different from the one that operated for the preceding six decades, and profiles that describe Kuwait as having an active elected legislature are now out of date.
How power is divided
Unitary. Six governorates administered by appointed governors, with no legislative competence.
Where law comes from
- The 1962 Constitution
- Partially suspended since May 2024 as to the Assembly and legislative process.
- Emiri decrees and decree-laws
- The operative legislative instrument during the current suspension.
- Civil Code 1980 and Commercial Code 1980
- Egyptian-model codifications.
- Sharia
- Governs personal status; separate codes apply for Sunni and Ja'fari Shia communities.
- Constitutional Court judgments
- Binding and published; the principal check on legislative validity.
The legal profession
Advocacy is reserved to Kuwaiti nationals enrolled with the Ministry of Justice and the Kuwait Bar Association, with foreign lawyers acting as consultants and unable to appear; pleadings are in Arabic. Judges are appointed by the Supreme Judicial Council, and a significant proportion of the bench has historically been seconded from other Arab states. Notarial authentication at the Ministry of Justice is required for powers of attorney, property transfers and company formation documents.
Law by topic in Kuwait
- Tax LawTax on foreign corporate profit only, with no VATCorporate income tax at fifteen per cent applies only to foreign-owned corporate profit. There is no personal income tax and no VAT.
- Criminal LawA 1960 penal code with sharia influence on morality offencesThe Penal Code of 1960 predates independence and codifies most offences. Sharia influences the treatment of morality and family-related offences.
- Employment & LabourPrivate sector labour law plus Kuwaitisation quotasLaw 6 of 2010 governs private sector employment. Kuwaitisation quotas by sector and a large sponsored migrant workforce shape the market.
- Constitutional LawThe Gulf's strongest parliament, repeatedly suspendedThe 1962 Constitution creates the most powerful elected legislature in the Gulf, with real power over legislation and ministers. The Emir has dissolved it repeatedly, and suspended it in 2024.
- Family LawMaliki-based personal status for Sunnis, with a separate Shia codePersonal status for Sunni Muslims follows the 1984 code based on Maliki fiqh. Shia Kuwaitis have their own separate personal status law.
- Business & CorporateCompanies Law 1 of 2016 with foreign investment by licenceThe Companies Law of 2016 modernised corporate forms, and the 2013 direct investment law permits up to full foreign ownership in approved sectors through KDIPA.
- Civil ProcedureEgyptian-influenced civil procedure across three instancesThe Civil Code and Code of Civil and Commercial Procedure follow the Egyptian model, with first instance, appeal and cassation.
- Property & LandReal property ownership closed to most foreign nationalsForeign nationals other than GCC citizens generally cannot own real property in Kuwait. This is the most restrictive position in the Gulf.
- Immigration & NationalitySponsorship-based residence with no permanent routeResidence requires a Kuwaiti sponsor, normally an employer. There is no permanent residency or long-term investor visa scheme.
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