One of the experts at the Dec 5, 2020 National Assembly has proposed the amendment of Article 79 of the Constitution, which states: “No law shall be promulgated unless it is ratified by the National Assembly and sanctioned by the Amir.” The proposal is to add the phrase: “The law must be compatible with Islamic Sharia.”
The proposal entails our transformation into a religious State; such as the Taleban State, Guardianship of the Islamic Jurist (Wilayat Al-Faqih), ISIS, Al-Qaeda and their ilk … With due respect and obedience to our glorious Islamic laws, such a proposal will open the door to the great evil for us.
Which law do we apply? The law of our noble Messenger and the Rightly Guided Caliphs? Or the laws of the Umayyad, Abbasid, Mamluk Sultanate, Fatimid, Ottoman and Wahhabism? We will drown in an argument that does not end day and night.
The proposal to amend the constitutional text came from the hardline Salafi movement, which supported and helped it reach the parliamentary seat … One of the movement’s leaders was quick to support this controversial proposal as soon as it was announced by the lawmaker who made the proposal. This is a manifestation that the proponent is an errand boy from such a strict and hardline movement!
We say to the lawmaker and whoever stands behind him … We are a State whose constitution stipulates in Article Two that “the religion of the State is Islam, and Islamic Law is a main source of legislation.” This is more than enough to define our identity and our belonging to the Islamic religion.
The State did not fail after that, so it established a committee tasked to Islamize our laws. The committee is affiliated to the AmiriDiwan and spent tens of millions of Kuwaiti dinars; yet it did not lead to the amendment of any law and its work ended for nothing.
We saw its leaders returning to the headquarters of their fundamentalist parties, saying: “It is as if we never accomplished anything.”
So, what do the fundamentalists want more than that? Their appetite is open to monopolizing power, positions and money as we have seen in the past decades.
We still see their actions, their greed and their absolute belief in the principle of asking: “Are you full?” They say: “Is there more?!” Such people must be engulfed by their opinions, their never-ending requests and their insatiable appetites … The suggested amendment will open doors for controversy, which will not end even if a new law is proposed. This must be in accordance with their impermissible laws and the opinions of their scholars, not to mention their demands and relentless attempts that we will see in the demolition of the current civil legal structure in our system of laws … because their aim is to turn us into an uncivil State!!
By Ali Ahmed Al-Baghli
Former Minister of Oil