More than 40 years after Kuwait enacted its Personal Status Law, the country is now confronting a wide-ranging draft amendment to one of the legal frameworks most closely tied to the daily lives of families.
The proposed reform goes beyond minor adjustments. It seeks to rebuild the law from the ground up, amending 134 articles, retaining 194, and adding 38 new provisions. The result is a comprehensive legal framework of 336 articles that redefines the rules governing marriage, divorce, custody, guardianship, and other family matters.
What began as a discussion confined to legal committees has quickly turned into a public debate. Within weeks, the draft moved from the offices of the Ministry of Justice to newspaper pages and social media platforms, sparking a conversation where legal, social, religious, and political perspectives intersect.
A Broad Review
The first hints of the project emerged in March 2025, when Justice Minister Nasser Al-Sumait briefly told Al-Qabas newspaper that the government intended to launch a comprehensive amendment covering family law, domestic violence, and juvenile law—not just personal status.
But with the publication of the new draft this week, it has become clear that the proposed changes represent the largest overhaul since the law’s introduction in 1984. The amendments touch on issues including the legal age of marriage, custody requirements, alimony, proof of harm, engagement regulations, validation of Sharia rulings, electronic documentation, and even DNA testing in paternity cases.
Some of these changes have been welcomed by the legal community, particularly those related to documentation and modern procedures. But the most controversial provisions are socially sensitive, including requiring a husband’s permission for his wife to leave the home, raising the marriage age to 18 with judicial exceptions, stricter rules for custody of non-Muslim mothers, and transferring custody of daughters to fathers between ages 12 and 18. These provisions have sparked a broader debate over whether the draft aligns with Kuwait’s social reality and the needs of modern families.
Questions About Legal Drafting
Amid the debate, questions have emerged about the drafting process itself. Lawyer Arij Hamada says the problem lies not in the principle of amendment, but in how the draft was written. She notes that some members of the committees lacked sufficient expertise in family law, despite the sensitivity of these laws and their direct impact on society.
Hamada adds that some provisions are vaguely worded, leaving room for broad interpretations that could harm wives or children. She points to coordinated attacks on dissenting voices on social media, arguing that such a climate underscores the need for an open societal dialogue to prevent legislation from reflecting a single perspective.
Hamada recalls the repeal of Article 153 of the Penal Code—which had allowed mitigated sentences in so-called “honor killings”—as a significant reform. She warns, however, that some proposed changes now appear to push in the opposite direction, seeking to impose a conservative social vision through legal tools.
A Broader Legal Perspective
On the other hand, lawyer Mishari Al-Ayada offers a more balanced reading. He argues that amendments of this scale require objective reasons, often revealed through gaps in judicial practice: repeated custody disputes, difficulty enforcing alimony rulings, or inconsistencies between certain provisions and general principles of justice.
Al-Ayada sees the proposed changes as addressing two needs: tackling real social problems and aligning legislation with international obligations and a national vision for legal reform. He stresses that family law in conservative societies only succeeds if it balances religious references and social values without disconnecting from changing realities.
He adds that clarity in legal texts is essential. Vague provisions can lead to divergent interpretations by judges, causing confusion that directly affects people’s lives. He emphasizes the importance of societal dialogue before any law is enacted, alongside updates to the judicial infrastructure, including specialized courts, electronic notification systems, and judicial training.
A Small Provision, Big Debate
Among the draft’s articles, the mandatory inheritance clause has sparked particularly intense debate. Implemented in Kuwait since 1971, the rule ensures that grandchildren inherit a share if their parent dies before the grandparent. This provision has been stable in Kuwaiti jurisprudence for more than five decades.
However, the draft’s proposal to abolish the clause has made it a flashpoint. Hamada argues that doing so would deprive a vulnerable group within the family of a guaranteed right, and she sees the change as part of a set of amendments that could shift family dynamics in favor of one party.
Al-Ayada says that assessing the mandatory inheritance, whether by keeping it or modifying it, requires a careful legal reading that balances the needs of Kuwaiti families with contemporary jurisprudential interpretations. He underscores that balanced drafting is crucial for any successful reform of such sensitive legislation.
The Amendment in Context
The current draft, with its complexity and breadth, is testing the nature of legislative transformation in Kuwait. Will the country move toward a more modern family law, or toward entrenching a more conservative social vision?
Between these two paths, the debate centers on a single question: How can Kuwait update its family legal system in a way that aligns with societal values while providing families—men, women, and children—with a more stable and just environment?
That question remains open, and the new draft may be just the beginning of a long legislative journey that will shape family life in Kuwait for decades to come.
Sakina Abdallah
A Saudi writer, researcher, and TV presenter
