Kuwait Increases Blood Money Compensation to 20,000 Dinars
In a significant legal development, Kuwait’s Minister of Justice, Counselor Nasser Al-Sumait, announced that the Council of Ministers has approved an amendment to Article 251 of the Civil Code. This amendment raises the legal blood money compensation to 20,000 Kuwaiti dinars, aligning it more closely with the principles of Islamic Sharia and contemporary economic realities.
Understanding Blood Money in Islamic Law
Blood money, or “diyya,” is a form of financial compensation mandated by Islamic law to be paid to the family of a victim. It serves as restitution for cases of murder, bodily harm, or property damage. The primary purpose of diyya is to provide the victim’s family with financial support and to offer a means of reconciliation between the offender and the victim’s relatives.
Rationale Behind the Amendment
Minister Al-Sumait emphasized that the previous compensation amount had become outdated due to significant financial and economic changes over recent decades. The earlier valuation no longer reflected the true worth of blood money as prescribed by Sharia law. By increasing the amount to 20,000 dinars, the amendment aims to uphold the sanctity of life and ensure fair compensation in line with current economic conditions.
Legislative Stability and Future Adjustments
The amendment also removes the provision that allowed for the blood money amount to be adjusted by decree. This change is intended to prevent instability in legislation and ensure that any future modifications to the compensation amount undergo a clear and organized legislative process. Such a structured approach guarantees that the law remains relevant to real-world developments while maintaining legal stability.
Implications for Kuwaiti Society
This legislative change reflects Kuwait’s commitment to enhancing its legal framework in a manner that upholds justice and preserves individual rights. By aligning the compensation amount with both Islamic principles and the nation’s evolving economic landscape, the amendment seeks to reinforce social justice and provide adequate support to victims’ families.
Broader Context
The decision to adjust the blood money compensation comes at a time when Kuwait is actively working to strengthen its legal and financial systems. For instance, in October 2024, the Financial Action Task Force (FATF) highlighted that while Kuwait had adequate legal frameworks to combat money laundering and terrorism financing, there were significant challenges in achieving effective outcomes. The FATF emphasized the need for Kuwait to address deficiencies in tackling terrorist financing and to enhance the focus on beneficial ownership within its supervisory structures.
Additionally, in May 2023, the Kuwaiti Ministry of Health introduced fees for blood transfusions for expatriates, a move that sparked controversy and discussions about healthcare rights and discrimination. The ministry defended the charges as symbolic and necessary to cover the actual costs of services and to rationalize the use of blood. However, this decision faced criticism from various political movements and rights bodies within the country.
Conclusion
The increase in blood money compensation to 20,000 dinars signifies Kuwait’s dedication to aligning its legal practices with both religious principles and contemporary economic conditions. This amendment not only aims to provide fair restitution to victims’ families but also reflects the nation’s broader efforts to enhance its legislative and financial systems in response to evolving societal needs.
Do follow gulf magazine on Instagram
for more information click here
