The issue of debtors is a pressing concern for the people of Kuwait. The problem has been worsened by the absence of a clear legal framework to protect debtors who, driven by need, often fall victim to usurers skilled in exploiting people. These lenders do not only impose exorbitant interest rates but also tighten their grip on debtors through contracts, deeds, promissory notes, and bounced cheques, pushing many into despair. Justice has therefore become a necessity.
The platform that the Minister of Justice plans to launch, aimed at arranging the repayment of debts for individuals subject to arrest warrants, along with the central aid system introduced by the Ministry of Social Affairs last year, will play a crucial role in resolving this issue. I would like to express my gratitude to the Minister of Justice, Counselor Nasser Al-Sumait, for taking this important step. This initiative will help in proper management of donations collected to settle the debts of insolvent debtors, especially after the Ministry of Justice discovered that some contributions were not being used for their intended purpose.
It is important to note the legal and religious principle that creditors bear responsibility for not exercising sufficient caution before lending to someone unable to repay. Unfortunately, this principle is not applied in Kuwait, even though many other countries recognize it as self-evident and enforce it. Debts are essentially commercial transactions and, in the spirit of the law, should not be treated the same way as forgery or fraud. The law should not protect those who abuse their rights.
In Kuwait, the state often acts as a debt collector for creditors who failed to take adequate measures to ensure the recovery of their funds. This principle is flawed both legally and religiously. Kuwait has several institutions that receive donations, including the Zakat House and various charitable societies. The sixth principle of the Zakat House Law stipulates that debtors who are unable to repay their debts are among the eligible beneficiaries of donations. It is therefore essential to establish a dedicated platform for the Zakat House, similar to those implemented by the Ministry of Social Affairs and the Ministry of Justice, to assist these insolvent debtors. This would help alleviate their hardship and ensure they are treated like other needy individuals, without the need for intermediaries. Dear Minister of Justice, I have previously emphasized that the law permitting the arrest and imprisonment of insolvent debtors over small sums exists only in Kuwait.
The creditor who risked their money by lending to someone unable to repay should bear the responsibility of proving nonpayment. Yet in Kuwait, the burden falls on the debtor to prove their insolvency. Simply put, if they were not insolvent, they would not have needed to borrow in the first place. I would like to stress the importance of distinguishing between borrowing from banks and borrowing from usurers. Banks provide loans only after fulfilling the legal requirements that allow them to recover their funds through the borrower’s assets. Unlike usurers and other creditors, banks do not issue cheques or promissory notes that could constitute a criminal offense.
We need to break free from this cycle as soon as possible. The number of debtors in Kuwait has reached high levels, with many imprisoned for failing to repay small sums or due to bounced cheques and court-ordered debts. A citizen’s freedom should not be restricted over a debt of KD 1,000 or less, especially when there are organizations collecting donations for this purpose, yet the use of these funds often is unclear. Our forefathers followed the principle that “after hardship comes ease,” which made transactions among Kuwaitis simpler and reflected a society built on solidarity and widespread social compassion, unlike what we see today. Finally, I would like to express my gratitude to the Minister of Justice for his decision to suspend the execution of arrest warrants for debtors. I hope this suspension will be made permanent and is not limited to times of crisis.
