Kuwait has made a significant legal reform by abolishing the law that previously allowed for reduced punishment for men who committed honor killings. Decree-Law No. 9 of 2025 repealed Article 153 of the Penal Code, which had provided a mitigating excuse for men who killed their wife, mother, daughter, or sister if they caught them in the act of adultery. This law, established under Law No. 16 of 1960, had allowed for a maximum penalty of three years in prison or a fine of up to 3,000 Kuwaiti dinars for such killings.
Legal Reforms and Gender Equality
The explanatory memorandum accompanying the decree emphasizes that this law was discriminatory, as it only applied to men, offering them a lighter punishment based on emotional provocation. It argued that this kind of legal excuse contributed to the recurrence of honor crimes and violated the Kuwaiti Constitution, which guarantees equality among all citizens. Specifically, Article 29 of the Constitution ensures human dignity, public rights, and duties, while prohibiting discrimination based on gender, origin, language, or religion.
By repealing this law, Kuwait has taken a strong step towards gender equality and justice, ensuring that both men and women are subject to equal treatment under the law, regardless of emotional provocation.
Increased Marriage Age to 18
In addition to the repeal of the honor killing law, Kuwait has also raised the minimum marriage age. Decree-Law No. 10 of 2025 amended Article 26 of the Personal Status Law (Law No. 51 of 1984), prohibiting the documentation or authentication of marriage contracts for anyone under the age of 18. Similarly, Decree-Law No. 11 of 2025 amended Article 15 of the Jaafari Personal Status Law, adding a provision to the same effect.
This change reflects Kuwait’s commitment to protecting children, family welfare, and international human rights obligations, as outlined in the Kuwaiti Constitution and Islamic Sharia law. Raising the marriage age to 18 aims to ensure better protection of women and children, empowering them to make informed decisions.
Implications for Honor Crimes and Marriage Laws
The abolition of the reduced punishment for honor crimes and the new regulations on the minimum marriage age highlight Kuwait’s ongoing legal and social reforms. These changes are part of the country’s efforts to ensure a more just, equitable society, where human rights are protected, and gender-based violence is actively discouraged.
By aligning its laws with international standards and constitutional guarantees, Kuwait continues to make progress toward achieving gender equality, protecting the rights of minors, and safeguarding the dignity of all individuals in the society.
