Kuwait is a merciful country to its people and to those residing on its land. Kuwait adopts a humanitarian approach to dealing with all cases wisely. Kuwait is careful not to cause harm to its people and treats them with compassion. Consequently, approximately 509 families affected by the amendment to the “Those Who Sold Their Homes” law are awaiting the government’s mercy. These families will be in dire straits if the evictions are carried out within the specified timeframe without providing a humane alternative.
According to legal principles, laws are not applied retroactively and do not affect legal positions established under previous legislation. There are financial and social circumstances based on previous laws that have shaped the interests of individuals and families. Therefore, the repeal of the “Those Who Sold Their Homes” law, particularly Article 29-bis of the 1993 law, has resulted in numerous social problems. These families have structured their lives for years based on the previous law, benefiting from the rights granted to them under that law and paying rent as stipulated in their contracts. Thus, informing them that they must vacate their rented homes by September 1 will place them in a dire situation.
The total number of those affected could reach 3,000 or 4,000, as each of the 509 families consists of five or more members. When these families rented these homes from the state, they relied on the rental law, adhered to its provisions, and regularly paid the amounts stipulated in their contracts. Evicting them before providing alternative housing will create a multifaceted crisis, especially since many of them have made improvements to their units and made them their permanent residences. This makes the transition extremely difficult.
Therefore, the new law warrants reconsideration, particularly since the explanatory memorandum to the decree clarifies that the law targets a group that has benefited from the usufruct or rental law for more than ten years. Any change to the current housing situation of these families will inevitably place them in a major predicament, especially without providing alternative housing. Legal tradition grants those affected a period to find alternative housing. If a rent increase is required, or for any other reason, this does not justify harming these families, even unintentionally.
In this regard, there is a principle known as “established custom,” which is a valid argument in both legal and religious law. The deeply rooted social values in Kuwait, developed over centuries, prioritize avoiding harm to anyone. The reign of His Highness the Amir Sheikh Meshal Al-Ahmad has been characterized by a refusal to tolerate injustice against anyone in Kuwait. Therefore, the Cabinet should reconsider the new housing law or provide alternatives for the affected families.
