TOUGH measures such as suspending services are unjustifiable under both Sharia and the law. Therefore, courts always uphold the spirit of the law, adhering to the principle that doubts should be resolved in favor of the accused. Based on this principle, suspending services to any citizen or resident for unpaid electricity bills, municipal fines, or other dues, thereby denying them access to government services, should be approached with caution. Such measures treat individuals as if they were convicted of a criminal offense, requiring them to settle their debts and obtain clearance certificates before receiving services.
For example, citizens traveling for medical treatment or other urgent reasons often find government departments blocking their transactions. This includes difficulties in obtaining vital documents such as birth certificates, along with many other obstacles that create huge trouble for them. The Court of Cassation, the highest judicial authority, has issued rulings prohibiting any infringement on individuals’ basic rights, including access to essential services, as these are acquired rights that cannot be suspended.
It is well known that decisions issued by the highest judicial authority are binding and carry greater authority than legal texts, which may sometimes contain flaws. Therefore, in countries worldwide, the force of judicial rulings prevails over other laws and is adopted as a binding precedent for the future. I say this because Kuwaiti citizens have no other homeland. Therefore, the natural rights enshrined in the Constitution cannot be suspended. They are as essential as the air they breathe. Suspending services to citizens is, in effect, suspending their very lives. Such strict measures do not exist in any civilized country.
Some Gulf states have abolished any penalties that result in the suspension of services to individuals, including debtors, based on legal, jurisprudential, and Sharia principles. These principles stipulate that creditors are responsible for protecting their assets and ensuring sufficient guarantees before lending money. In those countries, the government resorts to travel bans only for individuals accused of criminal offenses, not minor misdemeanors. In Kuwait, the legislative mindset still clings to the unsound principle that every accused person is guilty until proven innocent. Can anyone imagine a citizen fleeing their country simply for unpaid utility bills like electricity?
There are dozens of measures available to collect fines, fees, or bills. Resorting to extreme threats should never be one of them. How can a citizen be prevented from withdrawing money from their account to buy food for their children, or from renewing their driver’s license or car registration needed to carry out their work?
Cutting off electricity to a home where a family member may be ill and reliant on electrical appliances amounts to involuntary manslaughter. Therefore, in the interest of fairness and humanity, we sincerely hope that His Highness the Prime Minister and His Excellency the First Deputy Prime Minister and Minister of Justice will reconsider these policies and refrain from suspending services to citizens. Many humanitarian cases suffer under these harsh and unrealistic measures, which are tantamount to a slow death sentence. I emphasize the need to end the suspension of services to debtors, so that state institutions do not become mere collectors of others’ debts.
