Everyone recognizes the efforts and tireless work of Justice Minister Counselor Nasser Al-Sumait to modernize the laws of the state. While some laws were amended in the past, many have remained unchanged since the independence of the country. The Minister deserves credit for the tremendous effort he has invested since assuming office, including the modernization of around 300 laws. Since the enactment of the Constitution in 1962 and the commencement of the legislative process, more than 930 laws have been ratified. Despite the social changes and the evolution of societies worldwide, which made modernizing this legislation a pressing necessity, the laws unfortunately remained static because certain parties benefited from existing loopholes and opposed any changes.
We must therefore say: Thank you, Your Excellency, for your efforts to modernize Kuwait’s progressive image. The true character of a state is reflected in its legislation, not just in its urban development and infrastructure.
To fully realize this progressive vision for Kuwait, certain laws that hinder the drive for national development must be amended or repealed. There are unjust decisions and laws that undermine the authority of the legal system and prevent judges from applying the rule of law in various areas. Legislative reform is undoubtedly required to align these laws with modernity. One such example is the law criminalizing the issuance of bounced checks. This issue creates social and familial distress and imposes unnecessary costs on the state, putting an undue burden on public funds. Given that Islamic Sharia is the primary source of the positive law of the state, the criminalization of the issuance of bounced checks is a legislative flaw. It is inconsistent with constitutional philosophy. Consequently, most nations have amended their laws to decriminalize this practice, recognizing it as a financial matter rather than a criminal offense, unlike the current practice in Kuwait.
Modern legislation should aim to ease matters for society rather than impose additional burdens. While a person in need who lacks the means to pay a debt needs a charitable solution, usurers often exploit such desperation to overburden the debtor. They inflate usurious interest rates—sometimes to multiples of the original amount, coerce the debtor into signing checks without sufficient funds, and then take legal action when payment is delayed. Because Kuwaiti law still criminalizes the issuance of bounced checks, offenders face a three-year prison sentence, and this term extends if multiple checks are issued.
Hence, some prisoners serve up to 15 years behind bars, imposing significant financial, social, and economic burdens on the state. Although the Ministry of Justice carries out an annual fundraising campaign to settle debts for insolvent individuals, the assistance is capped at KD10,000. While this offers some relief, it is insufficient, considering more than 120,000 people have faced punitive measures—a staggering figure for a small society.
Decriminalizing the issuance of bounced checks will allow the insolvent debtor to work and pay the debt. In contrast, imprisonment renders the individual unproductive, exacerbates his financial hardship, and forces the state to bear the costs of their custody, care and maintenance—all for the benefit of the usurious creditor. Other Gulf Cooperation Council (GCC) states, as well as most Arab and European nations, have decriminalized the issuance of a bad check. In Kuwait, modern standards call for the repeal of the articles criminalizing this type of financial transaction, taking into consideration that the party who suffered the loss is the one who was negligent with their own money. Your Excellency, the Minister of Justice, justice among people is an act of mercy, and Islam commands absolute justice.
