04/05/2025
04/05/2025
CITIZENSHIP revocation, regardless of the cause, has negative repercussions, particularly in terms of property rights. Non-Kuwaitis are prohibited from owning real estate properties, leading to a huge problem. Therefore, it is imperative to resolve these issues, considering they pertain to inalienable rights that cannot be transferred without the consent of the owner, as stipulated in the Constitution. Article 16 of the Constitution stipulates that “property ownership, capital and work are fundamental components of the social structure of the State and of the national wealth. All of them are individual rights with a social function as regulated by law.” This article does not specify whether the owner is Kuwaiti or non-Kuwaiti. In the same manner, this point was not addressed in the amended Nationality Law, which causes complications for property owners who are subsequently unable to sell. If the situation continues as it is, they will face a major problem. What is the solution? If an individual wants to sell or is required to relinquish a property due to his non-Kuwaiti status, the absence of a trusted intermediary poses a substantial problem.
The law should uphold societal order and humanistic values. No legislation can be enacted if it contradicts such principles, particularly concerning the constitutionally protected private property. Any direct or indirect coercion applied to an individual is tantamount to compelling illegal conduct. Consequently, a non-Kuwaiti owner may feel compelled to transfer property through irregular means to avoid legal infringement, especially if he wants to leave the country permanently after the citizenship revocation, while being prohibited from disposing his assets. What should be done? The affected individuals are facing a big problem.
Meanwhile, other Gulf states and most countries around the world allow foreigners to own property. This helps stimulate economic activity and increases State revenue. As a result, it is ironic to preclude foreign investment in Kuwait. The potential for any employee to purchase a house should not be an issue. While concerns regarding housing care are understandable, there is a clear distinction between this and freehold ownership, which is subject to certain regulations in various nations. Housing care has its own specifications and it is exclusive for citizens like the case in the United Arab Emirates (UAE), the Kingdom of Saudi Arabia and others. In the West, Europe and other countries, the buyer of a house or property is granted citizenship and encouraged to spend his money there, but the opposite happens in Kuwait. Thus, solving the problem regarding the properties of those whose Kuwaiti citizenship has been revoked is a constitutional, legal, social and humanitarian necessity. Why is it forbidden for their properties to remain under their name after the revocation of their citizenship? Why are foreigners not allowed to own property here, like they do in other countries? Or does it seem that we are different?