Decree Amending the Army Law: Establishing Special Leaves with Full, Reduced, or No Pay

The Official Gazette “Kuwait Today” published Decree-Law No. 92 of 2026 concerning the amendment of certain provisions of Law No. (32) of 1966 regarding the Army. Its articles stipulate the following:

Article One: The following texts shall replace the provisions of Articles (23, 32, paragraphs 2–3, and 40, paragraph 2) of the aforementioned Law No. (32) of 1967:

Article (23): Offenses and disciplinary penalties, as well as the procedures for imposing, enforcing, and appealing them, shall be determined by decree. Such penalties shall not include deprivation, expulsion, dismissal, demotion, corporal punishment, or any penalty restricting freedom exceeding ninety days.

Article (32, paragraphs 2–3): The following conditions shall apply to persons accepted as officers:

1. Having reached the age of acceptance, the determination of which and any exceptions thereto shall be issued by decision of the Minister.

2. Proof of medical fitness for military service, the conditions for which shall be determined by decision of the Minister.

Article (40, paragraph 2):

2. Having reached the age of acceptance, the determination of which and any exceptions thereto shall be issued by decision of the Minister.

Article Two: A new paragraph shall be added to Article (5), and a new paragraph numbered (5) shall be added to Article (82) of the aforementioned Law No. 32 of 1967, with the following texts:

Article (5, new paragraph): Professionals and any other category may also be accepted into the Army under special contracts, in accordance with the decisions and regulations governing this matter, which shall be issued by decision of the Minister of Defense.

Article (82, paragraph 5):

5. Special leaves with full pay, reduced pay, or without pay.

Article Three: Any provision conflicting with the provisions of this Decree-Law is hereby repealed.

Article Four: The Prime Minister and the Ministers, each within their respective competence, shall implement this Decree-Law. It shall be published in the Official Gazette and shall take effect from the date of its publication.

The explanatory memorandum for Decree-Law No. 92 of 2026 concerning the amendment of certain provisions of Law No. (32) of 1967 regarding the Army states the following:

Law No. (32) of 1967 regarding the Army was issued nearly six decades ago. During this period, the Armed Forces have undergone successive organizational and administrative developments, necessitating a review of certain of its provisions to align with the requirements of modern military operations and to grant the military administration greater flexibility in organizing certain executive matters that naturally change with the evolving needs of the Armed Forces, without undermining the fundamental guarantees afforded to military personnel.

In light of the Emiri Order issued on 10/5/2024, which stipulated in Article (4) that laws shall be issued by decree-laws, this Decree-Law was prepared to amend certain provisions of the aforementioned Law No. 32 of 1967. Article One of this Decree-Law replaces Articles (23, 32, paragraphs 2–3, and 40, paragraph 2) of the aforementioned Law No. (32) of 1967. Article (23) raises the maximum limit for the freedom-restricting penalty stipulated in the Article from sixty days to ninety days, thereby enhancing the effectiveness of the disciplinary offenses system and empowering the competent authority to impose penalties commensurate with the severity of the offense, while maintaining military discipline without affecting the other provisions and guarantees stipulated in the Article.

Article (32), in paragraphs (2 and 3), grants the Minister of Defense the authority to determine the age of acceptance and any exceptions thereto by decision, rather than stipulating them rigidly in the law. This allows for keeping pace with the needs of the Armed Forces and changes related to recruitment and conscription policies. Furthermore, the provision assigns the determination of medical fitness conditions for military service to a decision issued by the Minister of Defense, ensuring the necessary flexibility to align medical requirements with scientific developments and military medical standards.

Article 40, paragraph 2, also stipulates the harmonization of the age requirements for the acceptance of non-commissioned officers and enlisted personnel with the regulations governing the acceptance of officers, by entrusting the determination of the acceptance age and any exceptions thereto to a decision by the Minister of Defense. This aims to achieve legislative organizational unity and facilitate the updating of these criteria whenever necessary.

Article 5 added a new paragraph authorizing the acceptance of military professionals and other categories into the Army under special contracts, in accordance with decisions and regulations issued by the Minister of Defense.

This amendment comes in response to the growing needs of the Armed Forces to utilize specialized professional and technical cadres, and to establish a legal basis permitting the contracting of these categories under special contractual systems that suit the nature of their work, thereby ensuring flexibility in attracting and retaining talent.

Article 82 also added a new item (5), which introduced a new type of leave: special leave with full pay, reduced pay, or without pay.

This amendment aims to provide a legal framework that grants the military administration the necessary flexibility in handling cases requiring the granting of special leave to military personnel, in accordance with the controls set forth in regulations and decisions, while balancing operational interests with the circumstances necessitating such leave.

Article 3 of the present Decree-Law stipulates the repeal of any provision conflicting with the provisions of this Decree-Law.

Article 4 of the present Decree-Law obligates the Prime Minister and the Ministers, each within their respective competencies, to implement its provisions, with effect from the date of its publication in the Official Gazette.