Kuwait moves to abolish law that eases sentences for honor crimes

• Nasser Al-Sumait, the Minister of Justice, said Article 153 of the 1960 has no basis in Islamic law, causes harm, discriminates by gender, and has drawn international criticism against Kuwait.

Nasser Al-Sumait, the Minister of Justice, announced a government move to repeal Article 153 of the 1960 Penal Code, which grants “a reduced sentence for men who kill a wife, mother, daughter, or sister caught in adultery.”

Al-Sumait told Al-Qabas newspaper that this article has no basis in Islamic law and causes more harm than good. He stated, “It discriminates between men and women and is considered one of the most problematic legal provisions, drawing criticism from international organizations against Kuwait.”

He explained that after the abolition of this article, the killing of women will be treated like any other murder case, with the standard provisions of the Penal Code applied to the accused.

Al-Sumait added that the proposal to repeal this article will be submitted to the Council of Ministers in its next session for approval.

Repealing Article 153 is key to advancing justice, gender equality, and aligning Kuwait’s laws with international human rights standards.

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.”

Article 153 of the 1960 Penal Code provided a mitigating legal excuse for a man who killed his wife, mother, daughter, or sister upon catching her in the act of adultery. 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.

Furthermore, Article 153 contradicts 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.

Imprisonment for a period not exceeding three years

Article 153 of the Penal Code states: “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, 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.”

Equal marital rights

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.