Minister of Justice to Al-Qabas: Judiciary, Public Prosecution, and Legal Profession Reserved for Law Graduates Only
Confirming what Al-Qabas published earlier under the headline: “Sharia graduates barred from judiciary and legal practice,” Justice Minister, Advisor Nasser Al-Sameet, revealed that the Law on the Organization of the Judiciary, approved by the Cabinet, restricts future entry into judicial and public prosecution positions to holders of a university degree in law only, excluding Sharia College graduates from new appointments in the judicial corps.
Al-Sameet clarified in a statement to Al-Qabas that the law simultaneously sought to protect existing legal positions. Its Article 6 stipulates: “As an exception to the provisions of items 2 and 5 of Article 20 of this Law, Kuwaiti judges and members of the public prosecution appointed before the implementation of this decree-law shall continue in their positions until the end of their service, and may be transferred between the judiciary and the public prosecution. Also exempted from the provisions of the aforementioned items in the preceding paragraph are Kuwaitis appointed to the position of ‘Junior Legal Researcher,’ qualified for the role of deputy public prosecutor, or those who applied for that position before the implementation of this decree-law.”
The Justice Minister emphasized that this provision ensures the continuity of Sharia College graduates already appointed to judicial positions until the end of their service. It also preserves the rights of Kuwaitis appointed to the “Junior Legal Researcher” position, which qualifies them for the role of deputy public prosecutor, or those who applied for it before the law came into effect, allowing them to complete procedures according to the rules in force at the time of their appointment or application.
In a related development, Justice Minister Advisor Nasser Al-Sameet revealed that the draft law on the regulation of the legal profession, currently with the Office of Fatwa and Legislation, also aims to restrict future registration in the legal profession to law school graduates, excluding Sharia College graduates from new registration applications. He noted that the draft preserves the status of Sharia College graduates registered before its enactment, allowing them to continue practicing the profession until the end of their service, thereby protecting their acquired legal positions and not infringing upon rights accrued under the existing legislation.
He stressed that regulating the conditions for joining the judiciary, public prosecution, and legal profession aims to unify the academic foundation and legal qualification of those affiliated with the justice system, without harming those previously appointed, registered, or who applied under the prevailing regulations.
**No Judiciary or Legal Practice**
Al-Qabas had reported in February 2025 under the headline “Sharia graduates barred from judiciary and legal practice” that the draft decree, submitted by Justice Minister Advisor Nasser Al-Sameet to the Supreme Council of the Judiciary to amend certain provisions of the Law on the Organization of the Judiciary, stipulated the “exclusion of Sharia College graduates from applying for judicial positions.”
A government source had told Al-Qabas about a “new draft law in the pipeline excluding graduates of this specialization from working in the legal profession.” The source noted that the “new draft law was discussed by the Ministry of Justice with the Bar Association.” He added that “Sharia graduates will be appointed as imams and muezzins, in addition to working in positions within the Ministry of Islamic Affairs, and all legal and judicial positions will be restricted exclusively to law school graduates.”
The source explained that Sharia College graduates had been appointed to judicial positions over the years because the number of law graduates was insufficient. However, their numbers have increased significantly in recent times, eliminating the need to rely on Sharia graduates. He pointed out that this issue had been raised for years, noting that the exclusion of Sharia graduates from legal and judicial positions followed extensive studies proving that the decision serves the public interest.
The source informed Al-Qabas that hundreds of Sharia College graduates currently practice law and are registered with the Bar Association, out of thousands of lawyers nationwide.
Justice Minister Advisor Nasser Al-Sameet had previously affirmed that the new Lawyers Law, prepared in collaboration with the Kuwait Bar Association, would bring about a qualitative and distinctive leap in regulating the legal profession and providing guarantees to ensure its performance to the highest standards.
