Women in Kuwait

The Kuwaiti Personal Status Act of 1984 (a.k.a. Family Law Act), based in Sunni Islam (Maliki) governs family law in the country. Additionally, Sharia applies to Muslim residents,[lower-roman 3] with different courts and rules for Sunni and Shi’a, a notable difference being Ja’fari applying to the latter group.[6][7][8][lower-roman 4] Non-Muslims have their own court.[6][9]

Regarding marriage women are not permitted to marry without the permission of a wali, a male guardian,[lower-roman 5] or marry non-Muslim men.[lower-roman 6] Only men are allowed as legal witnesses for a marriage.[6][7][9] Child marriage is permissible beginning at 15, the minimum age for a woman to marry, provided approved by the wali.[6][7][9] Polygyny is legally permissible and a man may up to four wives, of which any existing wife(s) have no say in, however the practice is uncommon.[7][9] Forced marriages (ijbar) may also occur without consent of the bride, with attempts at annulment by the bride often met with heavy coercion or threats of prosecution.[7]

Both husband and wife may seek divorce— the husband may divorce her at will (talaq),[lower-roman 7] while wife may only seek legal divorce (fasakh) under specific conditions such as lack of financial support, exceptional absence, criminality, husband's deconversion from Islam, or chronic/terminal illness. With permission of her husband, women may also divorce through khul', returning her dowry or the equivalent.[6][7][9]

Legal guardianship of children is possessed by the husband of their mother (presumed father) in most cases. In the case of divorce, legal custody remains with the father and physical custody remains with the mother until the children reach a certain age.[lower-roman 8] Any women who remarry or are divorced for adultery typically lose all child custody rights of previous children.[6][9][lower-roman 9] Women who are divorced, widowed, or married to a foreigner may be considered to lead the household.[6]

Abortion is heavily restricted in Kuwait and can only be sought up to 17 weeks of pregnancy for reasons of the mother's health (physical or mental) or fetal deformity/unviability only. Sexual assault, incest, economic needs, and social needs are not valid reasons. Abortion outside of the few allowed is criminalized, carrying between 3 and 15 years incarceration.[6]

Men are entitled to inherit twice as much as women, provided they are on similar relation level to the deceased (such as siblings). Widowed wives do not receive the same inheritance compared to widower husbands.[6]

By 2013 estimates, the portion of Kuwaiti women in the workforce is significantly higher than the MENA average of 21 percent, sitting at 53 percent, slightly higher than the world average of 51 percent.[10] Most women working in Kuwait work in public sector service industry positions.[6][11] Some measures have shown periods where women outnumbered men in the workforce,[12] yet working women are at a much higher risk of unemployment than men overall, at a ratio of 5.11:1.[1][11] Education and international exposure have given Kuwaiti women more opportunities, but they still grapple with a patriarchal culture which primarily expects them to prioritize homemaking and child-rearing as their primary and most essential duty.[6]

The Kuwait Constitution prohibits slavery and discrimination except in the case of "national necessity". Legally, women and men are supposed to receive equal pay for equal work, yet a sizeable gender pay gap remains. Women are forbidden to work at night (10 p.m to 7 a.m.),[lower-roman 10] at anything considered immoral for women, or at the discretion of a husband if he feels his wife working would negatively impact "family interests".[6][9] On August 25, 2019, the Ja'fari Personal Status Law was codified, preventing Shi'a husbands from forcing their wife to quit working if she worked before their marriage began.[8]

Legally, women and men can own property and exercise rights to their property equally, especially in the case of women who are divorced, widowed, or married to foreigners. Women have legal right to banking and contract without male consent. However, women often still experience de facto restriction of economic rights and freedoms as exercise often requires consent of men and Kuwaiti culture is biased against independent women, who are traditionally and sometimes legally classified as dependant to men, which is seen in the Kuwaiti Social Security Act and Housing Assistance Act, which typically regard only men as beneficiaries.[6]

The Kuwait government subsidizes certain types of finances for divorced or widowed women provided they have children to care for. The Kuwait Labour Code provides maternity leave for women, who can receive 70 day of paid leave[lower-roman 11] and up to four months of optional unpaid leave, during which employment termination is illegal. Additionally, employers with more than 50 women employed are supposed to provide infant childcare facilities, however this rarely is enforced. The Civil Service Committee Decree of 1993 discriminates between women married to Kuwaiti men versus non-Kuwaiti men. Those married to Kuwaiti men are given four months of paid (half typical pay) after their maternity leave, however those married to non-Kuwaiti men are not.[6]

The Nationality Act (1959) grants Kuwaiti men and women equal right to retain their citizenship, however citizenship is only automatically inherited by children if the father is Kuwaiti. Women's citizenship is not typically inherited and only becomes so under exceptional circumstances, such as unknown father, divorce, or widowing. Kuwaiti women's citizenship does not transfer to non-Kuwaiti husbands, who must apply for residency, unlike non-Kuwaiti wives of Kuwaiti men who are granted automatic residency and a pathway to citizenship after 15-18 years. As a result, both a non-Kuwaiti husband and any children a Kuwaiti wife has with him experience significant disadvantage— a lack of occupational, familial, and other rights.[6][9][13]

Women's legal witnessing is either discounted or disallowed, depending on the legal context in question.[13] In 2012, a lawsuit against the Ministry of Justice was resolved enabling women to hold positions in the judicial system.[14] In 2014, 22 women were appointed to serve as prosecutors.[15] On 30 June 2020, Kuwaiti Attorney General, Dirar Al-Asousi, approved the promotion of eight female prosecutors to become judges, defying criticism from the hard-line religious parties.[16] On 3 September 2020, the eight judges were sworn in to become first female judges in Kuwait's history.[17]

Until January 2021, there has been no laws regarding domestic violence and marital rape. On August 19 2020, the National Assembly passed the Law on Protection from Domestic Violence criminalizing "physical, psychological, sexual, or financial mistreatment, whether in words or actions" between family members, going into effect the following year of 2021. The act provides for protective orders, shelters, a victim hotline, legal aid, and counseling.[18][19]

However, the new law is not comprehensive, only setting penalties for violating victim-sought protective orders and not the actual acts of abuse or violence, and only applying to current legal family relationships, not former partners, those dating or courting, those engaged, or those in unofficial marriages (such as common-law marriage and domestic partnership). Prior to this, a husband's sexual actions with an unconsenting wife were only illegal if they were "unnatural acts".[18][19]

The Kuwaiti Penal Code provides reduced or fine-only punishment for a man honor killing his female relative finds her committing adultery (zina),[lower-roman 12] a law which conflicts with not only the Constitution but Shariah law as well. A 2016 survey of the Arab Gulf found most weren't aware of this law and 63% rejected its existence.[6][7][19] The Code also states if a man kidnaps a woman intending to abuse, rape, pimp, murder, or extort her, he will not receive punishment if he marries the woman with her guardian's (wali) approval, the woman has no say in the matter.[6][7][9] Additionally, age of consent does not exist, as sexual acts outside legal marriage are illegal and criminalized.[6][7]

It is believed that domestic violence is both common and under-reported despite the country slowly moving towards reducing the problem.[6] A 2019 survey by Orange Kuwait, a non-governmental organization focusing on violence against women, found 82.16 percent of those surveyed believed domestic violence was a significant problem in Kuwait, and 62.91 percent had experienced abuse themselves. Those surveyed were 83.5 percent women.[20] A 2011 study by Kuwait University found 40 percent of women reported at least one instance of physical abuse from their husband. A 2011 survey by the Kuwait Minister of Justice found 35 percent of women reported abuse.[7]

Islamic feminism and women's rights activism began in Kuwait in the 1950s with the establishment of many women's groups (lijân nisâ’iah). Noureya Al-Saddani established the first of these groups, the Arab Women's Renaissance Association (later, Family Renaissance Association), in 1962. The Women's Cultural and Social Society followed a year later in February 1963. In 1975, The Girls Club (Nadi Alfatat) was established, advocating for women's sports. In 1971, Al-Saddani as head of the Arab Women's Development Society, began a national campaign for women's suffrage. Her initial proposal was rejected by the National Assembly.[12][21][22]

In 1978, the Government of Kuwait announced official Islamization policies and laws. Islamist women were very influential during this period, especially in public, as burqa adoption was a very visible symbol of the Islamist movement. A fatwa was issued in 1985 by the Kuwait Ministry of Awqaf and Islamic Affairs, declaring female involvement in the legislature to be contrary to Islamic law. In 1981, Bayader As-Salam, a religious group focusing on cultural awareness, formed. The same year Sheikha Latifa Al-Sabah, then-wife[23] of Emir Saad Al-Salim Al-Sabah, established the Islamic Care Association, seeking to spread Islam along with the associated lifestyle and conduct of Muslim life.[24][21][22]

During the Gulf War in Kuwait from 1990 to 1991, women played a significant part of resisting the Iraqi invasion, occupation, and supporting the offensive which liberated Kuwait from Iraqi control. This period of conflict also solidified Kuwaiti women from different backgrounds and raised their political awareness. After the war, demonstrations and protests for women's rights continued throughout the decade. A shift began, as more political figures supported the Kuwaiti women's rights proposals, most notably Emir Al-Sabah, whom in May 1999 attempted to institute women's suffrage by decree during a period of parliamentary dissolution, however this decree was reversed by the newly-elected National Assembly in November 1999.[24][25]

Protests and activism continued and escalated into the 2000s alongside renewed proposals before the legislature, ultimately culminating in a 2004 protest inside the National Assembly building. The following year in 2005, Kuwaiti women held some of the largest demonstrations in their history, and in May 2005, the Assembly voted to give women full political rights to vote and hold office. The first elections Kuwaiti women ran for office and voted in were in June 2006. In 2009, four women were elected to parliament, Massouma A-Mubarak (the female minister appointed), Aseel Al-Awadhi, Rola Dashti, and Salwa Al-Jassar.[26][27][28] In 2018, the Kuwait Ministry of Awqaf and Islamic Affairs changed its policies to allow women in senior positions.[29] In December 2019, three women were appointed to cabinet positions,[30] including the first female Minister of Finance in the Persian Gulf region.[31]

In 1969, sister and brother Najat and Ghazi Sultan established The Sultan Gallery, one of Kuwait's oldest art galleries, providing access to both public and professionals, and promoting art and secular understanding. During the Gulf War, it was closed, reopening in 2006 under the direction of Farida Sultan. Currently the Gallery focuses on a wide range of mediums, but especially photography.[32]

Sheikha Hussa Al-Sabah, wife of Sheikh Nasser Sabah Al-Ahmad Al-Sabah, served as the director of Kuwait National Museum for three decades, establishing Dar al-Athar al-Islamiyyah (lit. transl. House of Islamic Antiquities) in 1983 focusing on antique Islamic artifacts. During the Gulf War, the museum was thoroughly looted by Iraqi forces, returning most of the valuables, though often damaged, after intervention of the United Nations. Following the war in 1992, Sheikha Hussah created the Dar al-Funoon (lit. transl. House of Arts) for contemporary art.[33][34][35] Sheikha Lulu Al-Sabah, daughter of Sheikha Paula Al-Sabah and wife of Sheikh Ahmad Al-Sabah (son of Emir Nawaf Al-Sabah), has continued the art advocacy into a new generation, establishing an annual art auction called JAMM in 2010 focusing on contemporary art.[33][36][37]

• Thuraya Al-Baqsami — internationally-acclaimed printmaker, illustrator, and writer[38]
• Shurooq Amin — whose subversive art pieces aim to challenge perceptions of society in the Gulf[39]
• Fatima Al-Qadiri — member of Future Brown, artist, musician and composer inspired by Gulf War experiences[40]
• Monira Al-Qadiri, PhD — internationally-recognized mixed-media visual artist, designer, sculptor, and filmmaker; her art is experimental and subversive[41][42][43]