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Peace protected by capability... and regulated by wisdom... A reading of Kuwait's speech at the UN in light of Sharia policy, jurisprudence of reality, and Maliki jurisprudence

Peace protected by capability... and regulated by wisdom... A reading of Kuwait's speech at the UN in light of Sharia policy, jurisprudence of reality, and Maliki jurisprudence

When His Highness the Amir of Kuwait, Sheikh Meshal Al-Ahmad Al-Jaber Al-Sabah, delivered the statement of Kuwait to the United Nations General Assembly on Thursday, September 24, 2026, during its eighty-first session in New York, His Highness the Crown Prince, Sheikh Sabah Al-Khaled Al-Hamad Al-Sabah, stated: “Peace is a stance dictated by wisdom and protected by capability.” Just peace requires a clear right, an accurate understanding of the threat, a capability that protects people, and wisdom that considers the consequences of decisions. From this, the statement can be read as a coherent system: legitimate policy defines the objective, jurisprudence of reality diagnoses the threat, jurisprudence of power determines means of protection, and jurisprudence of consequences tests the durability of peace.

First: Preserving Human Life: The Objective of Policy

The statement began with Iranian aggressions that targeted Kuwait and other countries, despite them not being parties to the conflict, striking Kuwait International Airport, electricity and water stations, and oil facilities. When life-sustaining infrastructure is threatened, defending the state becomes defending human life and livelihood; this is at the core of legitimate policy, which is based on preserving lives, interests, and averting harm. It is also a constitutional duty; Article 8 stipulates that the state guarantees security and tranquility, while Article 60 states that defensive war is declared by decree, and offensive war is prohibited. This defines the position of force: protecting the homeland and repelling aggression within constitutional parameters, not turning war into an end in itself. Thus, the statement combined the right of self-defense with support for diplomatic efforts to de-escalate.

Second: Jurisprudence of Reality: An Interconnected Threat

The statement did not limit itself to Kuwaiti facilities. It linked the aggressions to Gulf security, freedom of navigation in the Strait of Hormuz and the Bab al-Mandab, and the disruption affecting global trade and supplies. It emphasized that Saudi security is part of Kuwait’s and the Gulf Cooperation Council (GCC) states’ security. Here, jurisprudence of reality operates: it reads the threat in its extension, seeing how its impact moves from the citizen’s daily life to regional security and the global economy. Therefore, a de-escalation that stops missiles today but leaves their causes intact tomorrow is insufficient. His Highness called for understandings that address security concerns, respect state sovereignty, stop support for proxies and militias, and ensure safe navigation. Correct diagnosis is what distinguishes between stopping an aggression and treating its source.

Third: Jurisprudence of Power: Capability Constrained by Wisdom

The power necessary to protect peace is broader than weapons, although defensive readiness is a pillar within it. It is the capacity of institutions to maintain services, GCC coordination to protect shared security, diplomacy to document rights and gain support, and an economy that withstands crises. Each aspect has its effect: readiness deters the aggressor, continuity of services reassures the people, GCC unity strengthens negotiation, and legal arguments prevent the loss of rights amidst the noise of war. However, prudent power is not measured solely by its ability to repel aggression, but by its ability to prevent its recurrence without opening the door to greater harm. Here, the wisdom of jurisprudence of power connects with jurisprudence of consequences: When is deterrence necessary? When is mediation effective? What remains after the crisis subsides?

Fourth: Jurisprudence of Consequences: Peace that Preserves Rights

The importance of this question is evident in Kuwait’s relations with Iraq. The Crown Prince’s statement welcomed cooperation and trust-building, while simultaneously insisting on completing maritime border demarcation, honoring agreements, and addressing the files of missing persons and Kuwaiti property. Clear rights and fulfilled obligations provide a foundation for lasting good neighborliness. If outstanding files are left unaddressed, any new dispute could re-tension relations; resolving them according to law transforms cooperation from a political desire into a stable interest for both countries. Regarding Palestine, a ceasefire is insufficient if occupation remains and the Palestinian people’s avenues to attain their rights are blocked; thus, the statement linked just peace to ending the occupation and establishing the Palestinian state. In Yemen, the conflict’s impact transcends national borders, threatening navigation in Bab al-Mandab and targeting Saudi Arabia; hence, a settlement requires preserving Yemeni unity, the security of its neighbors, and trade routes simultaneously. In Syria, supporting the reconstruction of state institutions and safeguarding sovereignty addresses a vacuum that could renew conflict. In Lebanon, stability is linked to empowering the state to extend its authority and monopolize weapons. These files differ, but the question of consequences is one: Does the settlement address the cause of instability, protect people’s rights, and enable state institutions to endure?

At the international level, the statement called for reforming the Security Council to be more representative and effective. Law that lacks an institution capable of enforcing it loses its impact when states face aggression; Kuwait’s experience with occupation makes its adherence to international law a stance stemming from knowledge of the cost of lacking protection. The vision is completed with development; Kuwait Vision 2035 projects and the role of the Kuwait Fund enhance the capacity of states and societies to withstand crises. His Highness summarized the relationship by stating: “There is no security without development, and no development without security.” Thus, peace is not a temporary halt to fighting, but a construction that preserves rights, removes causes of danger, and grants people the ability to live securely.

Summary:

1. The objective of policy is protecting human life, state sovereignty, and societal interests.

2. The Constitution guarantees security and tranquility, regulates defensive war, and prohibits offensive war.

3. Jurisprudence of reality reads the interconnectedness of threats to Kuwait, the Gulf, and navigation.

4. State power includes defense, institutions, GCC coordination, and diplomacy.

5. Wisdom regulates the use of power, and jurisprudence of consequences tests its outcomes.

6. Good neighborliness is based on clear rights and fulfilled obligations.

7. Settlements are measured by what they address regarding conflict causes and what they preserve regarding people’s rights and state sovereignty.

8. Development and international law enhance states’ capacity to withstand crises and build lasting peace.

Dr. Abdulhamid Khalifa Al-Shaiji

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