Kuwait has abolished Article 153 of the 1960 Penal Code, which previously allowed reduced sentences for men who killed female relatives caught in adultery.
The move marks a major legal reform that ensures equal justice in murder cases.
Minister of Justice Nasser Al Sumait announced the repeal of the law, emphasising that such provisions have no place in a just legal system.
The abolished article stated: “Whoever catches his wife in the act of adultery, or finds his daughter, mother, or sister in an indecent situation with a man, and immediately kills her, or the man, or both, shall be punished by imprisonment for a period not exceeding three years and a fine not exceeding three thousand dinars, or by one of these two penalties.”
Al Sumait asserted that Article 153 had no basis in Islamic law and was a discriminatory provision that undermined justice.
“It granted legal leniency to certain perpetrators of murder, violating fundamental human rights and drawing criticism from international human rights organisations,” he stated.
Following the repeal, such killings will now be prosecuted as murder, ensuring equal treatment under the law. Abolishing the article is key to advancing justice, gender equality, and aligning Kuwait’s laws with international human rights standards.
Human dignity
Al Sumait pointed out that the explanatory memorandum states that the repeal aligns with the Constitution, specifically Article 29, which guarantees “equality in human dignity, public rights, and duties, and prohibits discrimination based on gender, origin, language, or religion.”
Limiting this provision to men constituted gender-based discrimination, as it assumed only men experience such emotions, despite women having similar feelings. Additionally, reducing penalties for this crime may contribute to its prevalence.
The article also contradicted Kuwait’s obligations under international agreements, particularly the Universal Declaration of Human Rights and the Convention on the Elimination of All Forms of Discrimination against Women.
The Universal Declaration of Human Rights establishes a common standard for states in defining and protecting rights. It affirms that all individuals are equal in rights, and both men and women are entitled to enjoy their rights without distinction based on race, color, or sex. It also guarantees equal rights in marriage, during marriage, and upon its dissolution.
