I recently wrote an article in which I called for the need to strengthen both our internal and external fronts in response to anticipated ambitions and demands and to prepare for all eventualities through solidarity with the regional community and wide cooperation with major powers. Along with the points I raised, it is imperative to make our systems and laws more humane and generous.
This can only be achieved by expediting the full implementation of all provisions of human rights agreements, and ensuring they apply to both citizens and residents, regardless of the cost. The logical and humane principle dictates that, when necessary, all prohibitions should be overridden or disregarded, particularly when they concern the state’s security, its people, and their very existence.
The Universal Declaration of Human Rights is a historic document that defines the fundamental rights of all humankind. It stresses that all individuals are born equal in dignity and rights. It rejects discrimination based on race, color, sex, language, religion, political opinion, origin, or wealth. I have written more than ten articles about this Universal Declaration, yet no official has paid attention to them. Here, we find ourselves falling short of fully implementing the aforementioned principles.
However, we must also highlight the positive actions, often stemming from noble Amiri directives to enhance women’s participation in various decision-making bodies, after decades of neglect. Torture and cruel treatment must be prohibited in any state penal institution. I am unsure of the extent to which these matters are being fully implemented. We must recognize the legal personality of every individual before the law, without discrimination or distortion of the law. Everyone has the right to a fair trial, which should be accessible.
However, nearly everyone complains about the slow pace of litigation and the appalling delays in issuing judgments, which is unjust. Human beings also have the right to live in a clean environment, but this right remains unfulfilled and is not a priority for the ineffective Environment Public Authority. Kuwait suffers from high levels of air pollution, despite its small population, few factories, and low levels of emissions from its refineries. It appears that addressing this threat is not a core concern of the relevant authorities due to their inability and lack of understanding. On the other hand, I have noticed a growing push to amend personal status laws, as announced by Minister of Justice Counselor Nasser Al- Sumait. These amendments pertain to the Family Court, domestic violence, juveniles, and children. There is also an increasing emphasis on the need to change laws to protect women, whether as wives, daughters, sisters, or mothers and to eliminate violence against them. However, it was disappointing that Al-Sumait stated there are many flaws in the current law that are not compatible with Islamic law, leading to encouragement and leniency in the divorce process. Dozens of issues that conflict with Islamic law have been ignored. The ministry’s standards should be based on justice and humanity, not on anything else.
The legal provision that grants a father only six hours, as is currently the case, to see his children on Fridays is inhumane and must be amended. It has no basis in Islamic law. The wife’s right to request a divorce is a purely humanitarian issue and should not be changed under the pretext that it is not implemented in neighboring countries. How can we force a woman to live with someone she despises simply because the law in another country requires it? It was also commendable to raise the age of criminal responsibility for children from 7 to 10 years, but this is certainly not enough. How can children of that age be prosecuted for their actions? A more humane approach is needed, one that aligns with the developmental stage of the child being convicted. In addition, raising the minimum marriage age to 15 years for girls and 18 years for boys is a positive step. However, while this move may be seen as somewhat contrary to Islamic law, how is it permissible to violate Sharia law in this case but not in others? The decision to amend Article 153, which previously allowed a lenient sentence for perpetrators of heinous crimes under the pretext of defending a man’s honor, was also significant. It is a positive change to reclassify such a crime as premeditated murder. As a small, wealthy country, Kuwait is surrounded by various threats. Ensuring our security requires strengthening our national unity and fully respecting and adhering to international law.
By Ahmad alsarraf
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