Unravelling Kuwait's Approach to Child and Forced Marriages: A Legal Analysis of Compliance with International Obligations

Abstract

This thesis analyses Kuwaiti law through the lens of international law, particularly addressing the extent to which Kuwait complies with its international obligations concerning child and forced marriages. The first half of this thesis begins with an overview of the international law principles and tools relevant to the subject, and subsequently, examines the international human rights framework regarding child and forced marriages. The analysis then shifts to an examination of the discrepancies between Kuwait's obligations under key international treaties such as the International Covenant on Civil and Political Rights (ICCPR), the International Covenant on Economic, Social and Cultural Rights (ICESCR), the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), and the Convention on the Rights of the Child (CRC), and its domestic legal framework, in particular, the Kuwaiti Personal Status Act.

This thesis conducts a doctrinal analysis of international and Kuwaiti domestic law in each chapter, offering a clear explanation of the law and its operational mechanisms. The thesis also employs an empirical-qualitative approach through semi-structured interviews to enhance the depth of understanding and knowledge, especially in areas with limited existing literature, such as Kuwaiti domestic law and the consideration of its international obligations. The integration of these methods aims to supplement data, reinforce expertise, address gaps in the current literature, and effectively assess Kuwait's compliance with its international obligations regarding child and forced marriages.

Upon examination of the Kuwaiti Personal Status Act, this thesis finds that, although the law prohibits forced marriage, certain provisions related to legal marriage age and matrimonial guardianship conflict with international human rights obligations regarding child and forced marriages. This thesis ultimately emphasises the need for Kuwait to undertake a detailed legal analysis of its domestic laws in relation to its international obligations. While Kuwait often justifies its non-compliance by invoking adherence to Islamic Sharia, among other reasons, this thesis argues that legislative reforms in Kuwait can align with its religious and cultural identity. It asserts that Islam is not monolithic, and by distinguishing between immutable Sharia rulings and adaptable jurisprudential rulings, particularly regarding the age of marriage and matrimonial guardianship, Kuwait can reform its law in a way that honours both its international obligations and its Islamic principles. This process could significantly improve Kuwait's international standing and create a more equitable legal system for its women and young girls.

Date of Award	2025
Original language	English
Awarding Institution	University of Dundee
Sponsors	Kuwait University
Supervisor	Jacques Hartmann (Supervisor) & Claire Methven O'Brien (Supervisor)