Kuwait repeals Article 159, infanticide no longer granted leniency

The Council of Ministers has approved a draft law repealing Article 159 of the Penal Code, which previously stipulated reduced penalties for mothers who intentionally killed their newborns immediately after birth to avoid shame. Under the now-repealed article, the crime carries five years imprisonment and/or a fine not exceeding 375 dinars.

Al-Qabas has learned that the repeal of this article reflects Kuwait’s firm commitment to upholding the sanctity of human life — an essential right enshrined in the Constitution and central to Islamic Sharia principles. The sources stressed that no justification can validate a reduced punishment for deliberate acts of murder, regardless of the circumstances.

Legal experts explained that Article 159 deviated from constitutional values by diminishing the legal protection owed to children from the moment of birth. It was also found to be in direct conflict with Kuwait’s international obligations, particularly the Convention on the Rights of the Child, which demands the highest level of protection for children against violence and neglect.

The experts further noted that continuing to apply Article 159 lacked legal rationale, undermined the principle of equality before the law, and weakened criminal deterrence in cases of homicide. The repeal, they emphasized, demonstrates the state’s resolve to modernize its legal framework in accordance with international standards and principles of justice.

Following the repeal, any mother who intentionally kills her newborn child to avoid shame will now face full prosecution for murder, with penalties reflecting the gravity of the crime.