Kuwait Raises Legal Marriage Age to 18
In a significant move to enhance family stability and protect children’s rights, Kuwait has amended its personal status laws to set the minimum marriage age at 18. Minister of Justice Nasser Al-Sumait announced the completion of amendments to Article 26 of Personal Status Law No. 51/1984 and Article 15 of Jaafari Personal Status Law No. 124/2019, aligning with Kuwait’s international commitments under the Convention on the Rights of the Child and the Convention on the Elimination of All Forms of Discrimination against Women.
Rationale Behind the Amendment
The decision to raise the marriage age stems from concerning statistics: in 2024, there were 1,145 underage marriages—1,079 involving girls and 66 involving boys. Notably, the divorce rate among minors was double that of adults, highlighting the challenges young couples face in maintaining stable marriages. Minister Al-Sumait emphasized that increasing the marriage age ensures individuals attain sufficient emotional and social maturity before entering into marriage, thereby fostering more stable and sustainable families.
Constitutional and International Commitments
This legislative change is rooted in Kuwait’s constitutional principles, particularly Articles 9 and 10. Article 9 designates the family as the foundation of society, emphasizing the state’s role in preserving its integrity and protecting motherhood and childhood. Article 10 underscores the state’s responsibility to care for the youth, shielding them from exploitation and neglect. By amending the marriage age, Kuwait reinforces its dedication to these constitutional mandates and its international obligations to safeguard children’s rights.
Historical Context of Marriage Age in Kuwait
Prior to this amendment, under Article 26 of the Kuwaiti Personal Status Act No. 51/1984, the minimum legal marriage age was 15 for girls and 17 for boys. This law governed marriage and family relations for the Sunni Muslim majority in Kuwait. Additionally, Article 24 allowed for marriages below these ages if the individual had reached puberty. These provisions often led to early marriages, particularly among tribal and Bedouin communities.
Public Support and Advocacy
The move to raise the marriage age has garnered substantial public support. A 2018 survey conducted by the Women’s Research and Studies Center at Kuwait University revealed that 75% of men and 90% of women favored laws increasing the minimum marriage age to 18 and criminalizing domestic violence. This widespread backing reflects a societal shift towards recognizing the importance of maturity and consent in marital unions.
Anticipated Impact
By setting the legal marriage age at 18, Kuwait aims to:
- Reduce Divorce Rates: Ensuring individuals are mature before marriage is expected to lead to more stable unions and lower divorce rates.
- Protect Youth Rights: The amendment safeguards young individuals from the pressures and challenges of early marriage, allowing them to pursue education and personal development.
- Enhance Social Development: A stable family unit contributes positively to societal growth and cohesion.
Minister Al-Sumait expressed optimism that this legislative change will bolster the stability of Kuwaiti families, reduce divorce rates, and support social development, aligning with Kuwait’s vision of a cohesive society that upholds the rights and well-being of its members.
Conclusion
Kuwait’s decision to raise the legal marriage age to 18 marks a pivotal step in promoting family stability and protecting the rights of young citizens. This amendment reflects both constitutional values and international commitments, aiming to foster a society where marriages are entered into with full maturity and consent, thereby ensuring the well-being of future generations.
Do follow gulf magazine on Instagram
for more information click here
