Kuwait abolishes legal leniency for infanticide, kidnap-marriage in landmark penal code reform

In a significant legal and social milestone, Kuwait has repealed two controversial provisions of its Penal Code that previously allowed legal leniency in cases of infanticide and kidnapping.

Decree-Law No. 70 of 2025, published in the official gazette ‘Kuwait Alyawm’ today, cancels Articles 159 and 182 of Law No. 16 of 1960, aligning national legislation with constitutional values and international human rights obligations.

The Ministry of Justice, which prepared the explanatory memorandum for the decree, emphasized that the move stems from Kuwait’s commitment to uphold constitutional protections, particularly those safeguarding motherhood, childhood, and gender equality, according to Al-Jarida e-newspaper.

Article 159, which allowed a reduced sentence for a mother who killed her newborn to avoid social shame, has been abolished. The ministry highlighted several reasons for this repeal:

• It conflicts with Article 9 of the Constitution, which declares that the family is the foundation of society and mandates the state to protect motherhood and childhood.
• It contradicts Article 10, obligating the state to safeguard young people from all forms of exploitation and neglect.
• It violates core Islamic values, notably verses from the Quran (Surat At-Takwir and Surat Al-Isra), which affirm the sanctity of life and condemn the killing of children.
• It breaches international obligations, such as the UN Convention on the Rights of the Child (ratified by Kuwait in 1991) and the Arab Charter on the Rights of the Child (ratified in 1993)—both of which stress the child’s right to life and protection from violence.

The ministry stated that maintaining this article would constitute an unjustifiable legal exception that undermines a child’s right to life and contradicts Kuwait’s legal and moral responsibilities.

Article 182, which previously allowed a kidnapper to escape punishment by marrying the victim, has also been scrapped. The ministry justified its removal on the following grounds:

• It contradicts Article 29 of the Constitution, which guarantees equality before the law without discrimination based on gender, origin, language, or religion.
• It unfairly benefits the perpetrator, allowing him to avoid justice, while violating the victim’s rights and dignity.
• It undermines women’s rights, encourages a culture of impunity, and conflicts with international agreements Kuwait has ratified to combat violence against women.

According to the Ministry of Justice, continuing to apply this law would perpetuate legal discrimination and weaken criminal justice efforts to protect victims.

The issuance of this decree follows the Amiri Order of May 10, 2024, which authorized the government to enact laws through decrees. The law takes immediate effect upon its publication, and all ministers have been instructed to ensure its implementation.

This legal reform marks a progressive shift in Kuwait’s criminal justice system, reinforcing the country’s commitment to human rights, child protection, and gender equality.