KUWAIT CITY, Mar 3: Publicly breaking the fast during the holy month of Ramadan—defined as eating, drinking, or smoking in public during daylight hours without a legitimate excuse—is considered a serious offense in Kuwait and many other Islamic countries. This act not only violates Islamic principles but also contravenes civil laws, as it disrespects the sanctity of Ramadan, a time of spiritual reflection and devotion for Muslims. Those who commit this act are urged to repent and seek forgiveness, as it is regarded as a major sin in Islam.

What Constitutes the Crime of Publicly Breaking the Fast?

The crime occurs under the following circumstances:

Deliberate Violation:
The individual intentionally breaks their fast during Ramadan without a valid excuse, such as illness or travel.

Public Display:
The act is carried out openly, making it evident to others that the person is not fasting.

Absence of a Legitimate Excuse:
The individual lacks a valid reason, such as a medical condition or travel, that would permit them to break their fast.

For example, if a security officer or bystander observes someone smoking in their car or eating in a public space during fasting hours, this constitutes a public violation.

Are There Exemptions for Those with Legitimate Excuses?

Individuals with valid excuses, such as illness or travel, may be exempt from punishment if they provide appropriate documentation, such as a medical report or proof of travel. Islam permits such individuals to break their fast, provided they do so discreetly and not in public. The Ministry of Interior, through its Investigations Department, handles these cases and may consider humanitarian factors, such as the elderly or those with medical conditions requiring medication. However, those who openly flout the rules, such as by smoking in public, are unlikely to receive leniency.

What Penalties Apply to Public Fasting Violations?

Under Kuwaiti Law No. 44 of 1968, anyone who publicly breaks their fast during Ramadan faces a fine of up to 100 dinars, imprisonment for up to one month, or both. The same penalties apply to those who encourage, assist, or compel others to break their fast openly. Numerous judicial rulings have been issued, including fines and deportations, against individuals convicted of this offense.

How Are Shops and Restaurants Regulated During Ramadan?

The law also addresses the operation of businesses during Ramadan. Establishments where public fasting violations occur can be closed for up to two months. The Kuwait Municipality has issued guidelines specifying working hours for shops and restaurants, allowing them to prepare for iftar (the meal to break the fast) two hours before the official time. Additionally, the Minister of Interior has the authority to order the closure of public establishments during daylight hours to uphold the law's objectives.

What Are Common Violations During Ramadan?

Despite the holy month's emphasis on patience and reflection, some negative behaviors persist. For instance, drivers of vehicles and delivery bikes often speed recklessly in the minutes leading up to iftar, risking accidents. Arguments and disputes also occasionally arise, undermining the spirit of Ramadan.

What Advice Can Be Offered to the Public?

Expats are urged to adhere to Islamic teachings and respect the sanctity of Ramadan. Those with legitimate excuses to break their fast are encouraged to do so discreetly, out of respect for the holy month and the feelings of fellow Muslims. By fostering a spirit of mutual respect and observance, the community can uphold the values of Ramadan and ensure a peaceful and meaningful month for all.