أحكام ذوي الهمم المتعلقة بالحجر وموقف الأحوال الشخصية الكويتي منه

Abstract

The study aimed to know the People of Determination's provisions relating to 'Interdiction' and situation of the jurisprudence of personal status in Kuwait from it. Actually, in its articles, personal status was not codified by special provisions of the People of Determination, leaving the matter to the judge to appreciate. Therefore, this has led to a number of problems, provoking a long debate between a supporter and an opponent in the judges' estimates. Consequently, the researcher has adopted the analytical descriptive approach.

Last but not least the study found that Kuwait's Personal Status Code is consistent with Islamic jurisprudence in the concept of 'Interdiction' and its causes, and that it is done for the benefit of the restricted persons. The Personal Status Code confined itself to assessing and sentencing the judge in the types of restricted persons. Moreover, Kuwait's Personal Status Code did not include an explicit verbal 'Interdiction' on the incompetent person or even establishing objective criteria by which the degree of tickheadedness or incompetence that can be identified for 'Interdiction'. This has resulted in controversy and differing judgements in dozens of cases. In fact, if Kuwaiti law had been clear about the right in 'Interdiction' the incompetent person, it would have been decisive in dozens of court cases and prevented from diverging judgements resulting from the judge's estimates.

Finally, the researcher recommended reviewing the Kuwaiti Personal Status Code and adding everything related to 'Interdiction' in all its forms, types and patterns through explicit and clear objective criteria.