IT is not an exaggeration to say that the recent measures approved by the Council of Ministers regarding debt repayment are pushing people towards a dead end. This is because judicial rulings in Kuwait become enforceable as soon as the First Instance court issues its ruling. However, both legal logic and human rights considerations suggest that rulings, especially those related to financial matters, should not be enforced until all three levels of litigation have been completed. Pressures on borrowers have recently intensified, including arrest warrants, travel bans, imprisonment, and even the withholding of half or all of their salary.
These measures fail to consider the individual circumstances of the indebted citizens. When the government cuts off a borrower’s salary, it overlooks their family responsibilities and disregards the fact that borrowing was a last resort due to urgent need. As previously mentioned, this pushes them toward illegal actions. An insolvent debtor may be forced to take illegal steps, as they no longer have any means to provide even a minimum standard of living for their family, let alone repay their debt. This is especially true if their salary is limited, with no other source of income.
How are they expected to cover medical expenses, education, or even provide food for their children? Those who adhere to strict procedures and legal provisions must answer this question before the government becomes a collector for creditors, including usurers and fraudsters? As we have repeatedly stated, these individuals aim to seize people’s money through various illegal means, and exploit legal loopholes that remain unknown to most citizens. This is especially concerning in a world rife with new forms of fraud, such as electronic scams. In other countries, debtors are not subjected to travel bans.
Instead, they are allowed to work and repay their debts. However, in Kuwait, an indebted citizen finds themselves trapped, unable to work, with their salary seized, and at risk of arrest, imprisonment, or having both their salary and car confiscated. The guarantor also faces legal prosecution, which only exacerbates the suffering and leads to numerous social problems. It is important to note that bounced checks are now treated as a single offense in terms of penalties. Previously, the issuer of bounced checks could face up to three years in prison for each bounced check.
However, a check is essentially a promissory note and should be handled with flexibility, taking into account the debtor’s financial situation, whether insolvent or solvent. This is especially relevant when the check involves trade, the purchase of goods, or loans with high interest rates. In Kuwait, a big group of non-Kuwaiti fraudsters has recently emerged who use a variety of deceptive methods. These include filing lawsuits with forged checks, allowing them to obtain court rulings from the Court of First Instance in their favor.
They then go directly to the Judicial Execution Department, which assists in seizing people’s money, after which these fraudsters leave Kuwait. The truth often comes to light in the Court of Appeals, which dismisses the false charges upon verifying that the signature on the submitted check is fraudulent. The situation is made even more challenging because Kuwaiti courts are unable to recover these funds, despite issuing dozens of rulings.
We have witnessed several examples of embezzlers and fraudsters escaping justice, and now living off the money they have stolen. Doesn’t this serve the interests of fraudsters and usurers? It is important to clarify that I am not referring to debts related to family support or vacation travel expenses. Undoubtedly, the laws offer alternative solutions, especially considering that travel bans due to financial issues contradict citizens’ legitimate rights and violate the Constitution. Such measures even conflict with Islamic law, which is based on the Holy Quran.
As stated in the Quran: “It is He who made the earth subservient to you, so walk in its paths and eat of His provision, and to Him is the resurrection.” The Quran also says: “But if someone is in hardship, let there be postponement until [a time of] ease.” Nowhere in the Holy Quran is there a command to imprison an insolvent debtor or prevent them from seeking a livelihood on earth. This violates the fundamental principles of human rights.
