Kuwait is a Middle Eastern country located on the shores of the Persian Gulf, sharing a border with Iraq and Saudi Arabia. The population of this country is approx 42,94,000 with 17,818 square kilometers area. The official language of Kuwait is Arabic. Ethnically only 32% are Kuwaitis, the rest are almost all expatriates. Religiously 76% follow Islam religion.
A Member of Parliament in office
- cannot be appointed to the Board of Directors of any company,
- cannot participate in contracts entered into with the government,
- cannot buy or rent state property,
- cannot lease to the state,
- cannot sell or exchange his own property to the Government,
- does not participate in government auctions,
- does not participate in government tenders.
These are positive aspects. Now let's discuss the negative aspects.
The religion of the State is Islam and Islamic Law shall be a main source of legislation. Kuwait is a hereditary monarchy that will continue in the descendants of Mubarak Al Sabah. Legislative power will be vested in the Emir and the Parliament. Executive powers shall be vested in the Emir and the Council of Ministers in the manners specified in the Constitution. Parliament Members swear by God Almighty to be loyal to the Emir before taking up his functions at the Parliament.
Admirable Articles of Kuwait's Constitution
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 32
Crime and punishment will be regulated by Law. Criminal punishment shall not be inflicted on the basis of ex post facto laws.
Article 33
Punishment is personal.
Article 34
The accused is innocent until proved guilty in a Court of Law which shall guarantee him the necessary sureties to exercise his right of defense.
The accused shall not be bodily or mentally injured.
Article 35
Freedom of belief is unrestricted. The State shall protect freedom in the observance of religious rites established by custom, provided such observance does not conflict with morals or disturb public order.
Article 36
Freedom of opinion and scientific research is guaranteed. Subject to the conditions and stipulations specified by Law, every person shall have the right to express his opinion by speaking or writing or otherwise.
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 110
A member of the National Assembly shall be free to voice his opinion at the Assembly or at its Committees. In any circumstance he shall not be held responsible therefor.
Article 121
A member of the National Assembly shall not during the period of his membership be appointed to the Board of Directors of a Company nor be allowed to participate in contracts entered into by Government or by public organizations.
He shall not during that period be allowed to purchase or rent State property, nor lease to the State nor sell it any of his own property nor barter it, save by means of public auction or tender or by application of the Expropriation regulations.
Facts of Kuwait's Constitution
Preamble
In the Name of God the Compassionate, the Merciful
We, Abdallah Al Salem Al Sabah, Amir of the State of Kuwait,
Desirous of fulfilling all of the exigencies of democratic rule in our beloved homeland;
Confident in the role this Nation can play in the wake of Arab nationalism, of service to world peace and of civilization;
Striving towards a better future in which the Nation may enjoy an abundance of comfort and a higher international standing, a future which shall provide citizens with ample political freedom, equality and social justice as well, which shall brace the props of those traits in which the Arab spirit is kneaded such as pride in the dignity of the individual, jealous watch over the commune bonum, counsel in rule and safeguard of the homeland's unity and stability;
After perusal of Ordinance No. 1/1962 regarding the organic system of rule during the transitional period;
And in accordance with the decision of the Constituent Assembly:
Hereby sanction and promulgate this Constitution.
Article 2
The religion of the State is Islam and Islamic Law shall be a main source of legislation.
Article 4
Kuwait is a hereditary Amirate held in succession in the descendants of the Mubarak Al Sabah.
The Heir Apparent shall be appointed within a period not exceeding one year from the date of the Amir's investiture, and his appointment shall follow his nomination by the Amir and the swearing of fealty to him by a consenting majority of the members composing the National Assembly sitting in special session.
Where the appointment does not proceed as indicated above, the Amir shall nominate at least three of the above-mentioned lineage to the heirdom and the Assembly shall swear fealty to one of them as Heir Apparent.
To qualify, the Heir Apparent must have attained the age of majority, must be endowed with reason and must be a legitimate son of Muslim parents.
All of the provisions governing the succession to the Principality shall be set out in a special Ordinance to be promulgated within one year from the coming into force of this Constitution. This special Ordinance shall have force of constitutional law and may not therefore be amended save in the manner prescribed for the amendment of the Constitution itself.
Article 12
The State shall maintain the Islamic and Arab heritage and shall share in the path of civilization and humanitarianism.
Article 18 (Part of it)
Inheritance is a right governed by Islamic Law.
Article 44 (Part of it)
Public assemblies, processions and gatherings are permitted in accordance with the conditions and the stipulations defined by Law provided the objects and the means of the gathering be peaceful and not incompatible with morals.
Article 51
In conformity with the Constitution legislative power shall be vested in the Amir and the National Assembly.
Article 52
Executive power shall be vested in the Amir, the Cabinet and the Ministers in the manner specified in the Constitution.
Article 53
Within the limits of the Constitution judicial power shall be vested in the Courts in the Amir's name.
Article 54
The Amir is the Head of the State. His person is safeguarded and inviolable.
Article 55
The Amir shall exercise his powers by the medium of his Ministers.
Article 56 (Part of it)
The Amir shall appoint the Prime Minister after the traditional consultations and shall relieve him from his post. He shall also appoint the Ministers and relieve them from their posts on the recommendation of the Prime Minister.
Article 60
At a special session of the National Assembly and before taking over his functions the Amir shall take the following Oath:
I swear by God Almighty to respect the Constitution and the Laws of the State, to defend the people's liberties, their interests and their property, and to safeguard the Nation's independence and the safety of its territories.
Article 91
Before taking up his functions at the Assembly or at its Committees a member of the National Assembly shall, at a public meeting of the Assembly, take the following Oath:
I swear by God Almighty to be loyal to the Amir, to
respect the Constitution and the laws of the State, to defend the
people's liberties, their interests and their property, and to perform
my duties faithfully and sincerely.
