LEGAL SYSTEM IN KUWAIT


The Kuwaiti legal system is of recent origin. It has benefited from the experiences of other legal systems in the world .The legal system of Kuwait is a blend of French civil law, Egyptian law and Islamic Sharia'a law. Though Islamic Sharia forms a major source of legislation it does not prescribe stringent adherence to the principles of Sharia'a. However Islamic Sharia is fully applied in family law matters.

Judicial system in Kuwait
Kuwait's court system is unusually unified. The civil courts have three levels. Initially, summary (juza'i) or first instance (kulli) take cases according to their gravity. The next level is an appeals court. A Court of Cassation (mahkamat al-tamyiz) stands at the apex of the system.

Rather than construct separate court systems, Kuwait has generally favored a unified approach. Thus, while its constitution permits (without requiring) a separate administrative court system, Kuwait has opted instead to construct sections of existing courts for administrative isputes. Other sections deal with criminal, commercial, personal status, labor, and rental cases.

There are some specialized courts (for instance, traffic courts), but they fall within the regular civil judiciary.

Court of cassation
The Court of Cessation considers received commercial, labor, civil and personal status and felonies cases, and judgments are done by its five advisers in 1972, based on Law No. 40 cessation cases and procedures were organized and then make cessation a separate chamber from the Court of Appeal .

In this area we refer to the Constitutional Court, which was established under Law No. 14 of 1973, consistent of five advisers specialized in interpretation of constitutional provisions and to adjudicate in disputes concerning the constitutionality of laws, decrees, and regulations and In Appeals for the elections of national assembly members or the validity of their membership and the rule of this court is binding on all the other courts .The state security court established by law No. 26 of 1969 and consists of three magistrates and competence in the state security crimes under the Penal Code and any other crimes referred to it according to the decision of the Council of Ministers, and thatâ™s in other crimes stipulated in Law No. 3 of the year 1961 regarding Press and Publication .
In 5 / 10 / 1991 Ministerial Decree No. 68 / 1991 was promulgated for the establishment of the Court of cassation clerks department .

Court of Appealed
Specializes in what is appealed from the Court of first instance except to non-penal, penal, and urgent. It consist of circles considering commercial, labor cases, civil, urgent, leases and felonies. Its decisions are made by three advisers.

The first Appeals Chamber was formed by Amiri Decree no: 9 of 1959 and then the number of circles increased in accordance with its expansion in its tasks.

In 1991 Ministerial Decree No. 66 was promulgated on the reorganization of the of the Court of Appeal clerk Department according to Decree of law No. 23 / 90 on the judiciary organization law .

President of the Court of Appeal is followed by: -
1- The administrative body consists of the manager of court clerks as well as court clerk's observer and some sections and divisions.
2- Judiciary body: This oversees all the Appeals Chambers, Business chambers ,Civil matters chambers, the personal status chambers, leases chambers “ and Criminal chamber.

Court of first instance
Kuwait has .Known the first unified judiciary that includes prominent courts at different levels and their terms of reference in 1960 under the Amiri decree No. 19 / 1959, where it used to be a one legitimate Court next two committees in public security circles to settle the disputes and of other committees of the trade that considers Commercial cases.

in 1965 established the summary courts (asima court “hawalli- and-Ahmadi), the latest of which was the establishment Jahra'a summary Court.

The Court of first instance considers disputes on personal civil, commercial, labor, leases, administrative cases, and consider felonies and misdemeanors cases and what is appealed of misdemeanors and some civil and commercial cases and urgent.

Whereas The criminal courts decides on Misdemeanors and traded civil disputes, and urgent matters which does not exceed a certain value. First instance circles were established to consider disputes relating to personal status and leases in some summary courts for the public Convenience.

Traffic Court
Traffic Court was established by law No. 22 of 1960 and specializes in traffic Misdemeanors and violations and murder misdemeanors and injuries arising from those violations and judges are delegated from of the Court of first instance .

In recent years the number of traffic courts became five which are Jahra'a traffic court, and, Asima traffic Court and Hawalli traffic court, Ahmadi traffic court and last Farwaniya traffic court. Where it used to be one court to be in line with the expansion of the urban population and for the convenience of the citizens.

And the following are some of the statistics of the activities of various traffic courts submitted to it actively courts submitted to it whether it is decided normally or briefly with a summary statement of deferred detention of those cases, the withdrawal of leave, fines financial statement with the number of deaths caused by these irregularities and clashes.