Monday , October 23 2017

Dialogues move stagnancy…Is Kuwait governed by Islamic or man-made laws?

Yusuf Awadh Al-Azmi
Yusuf Awadh Al-Azmi

KUWAIT is a Muslim country that freely performs religious rituals and supports the upholding of Islamic rituals through Ministry of Awqaf and Islamic Affairs.

The ministry has been exerting tremendous efforts and spending huge amounts of money for ensuring professional administration and excellent management of mosques and Quran memorization centers.

The State of Kuwait is regarded number one worldwide (when considering the average population) in terms of the number of Zakat committees and Islamic projects for donations.

The personal status laws are derived from the Islamic law (In fact, I learnt that all personal status laws are in line with the Islamic law). Therefore, Islam is the general characteristic of this country without argument. I mentioned all of the above for only clarification purposes in order to eradicate any misconception concerning this article.

Based on the aforementioned facts, it is evident that the relationship between the leaders and the people is within the context of the state (I refer to the official relationship, which is often cordial). The Constitution and the relevant laws regulate this relationship, whereby the Constitution is the highest authority as it enacts laws through its provisions.

If we wish to juxtapose the man-made Constitution and the Islamic law, they are naturally incomparable. There is no doubt that the Islamic law, being a divine revelation, is superior compared to human effort.

Ruled

Regarding the countries that are directly ruled by religious laws, I know of only three on earth – Israel which is ruled by Jewish laws, Kingdom of Saudi Arabia which is ruled by Islamic law, and the Islamic Republic of Iran which is governed by the Shiite doctrine of the Islamic law. And, of course, we should not forget the Vatican, which is ruled by Christian laws.

In the political arena, several politicians deal with issues like games of chance, depending on the public pulse. Sometimes an opportunity may not present itself again while many opportunities are laden with bounties. When politicians, who are looking for opportunities and use propaganda to sway those who lack necessary experience in facing the media, encounter a challenge related to prediction of problems by certain unscrupulous elements, good intention is not the right vehicle at that point because such a vehicle cannot sail smoothly in the murky waters of politics to face fishermen.

Sometimes when you try to clarify a certain issue subconsciously, you suddenly realize that somebody else is trying to drive you to an area that he wants so that he can dig one pitfall after another for you. Due to your little experience and your keenness to show kindness and conceal your intentions, you end up becoming an easy prey for those who plan to use your downfall to regain prominence.

Dialogue

Few days ago, a fantastic dialogue ensued among some rich ideological activists regarding certain issues related to the law and Kuwaiti Constitution. Several opinions were expressed in that regard. I will restrain myself to mentioning in this article only the general information that is well known to everyone without the need for research or investigation.

Kuwait is a country that derives its laws from man-made laws for managing the nation through the judiciary, elected Parliament and the executive authority. It deals with the Parliament in accordance with the relevant constitutional provisions. Regarding this fact, we agreed in principle that the system of government in Kuwait is not in tune with the Islamic law. However, the man-made law in general is agreed upon for the national administration of Kuwait because it uses the Islamic law as the main source of legislation.

The opinions raised could be right or wrong, and arguments and deliberations are acceptable, provided they do not contravene Islamic tenets.

The question here is – Is the State of Kuwait governed by man-made laws or Islamic law? Lawmakers deal with the government using articles and sections of the Kuwaiti Constitution rather than quoting verses from Quran or Hadith.

Therefore, we should be mindful of issues by putting them in the right positions and dealing with them appropriately. Outright political ideological discussions should be made for benefit and figuring out opinions. The outcomes could be great ideas that can benefit the Constitution but such dialogues and deliberations can also push activities into the murky waters of local politics.

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By Yousef Awadh Al-Azmi

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