Kuwait is always compassionate toward its citizens, O government
Because Kuwait is a compassionate nation toward its people and all those residing on its soil, and because it treats all cases with humanity and wisdom—taking into account several considerations, foremost among them avoiding harm to its citizens and showing them mercy—the families affected by the amendment to the “He Who Sold His House” law, numbering 509, are awaiting such compassion from the government.
These families would face a severe predicament if evictions were carried out within the specified timeframe without providing a humane alternative. This is particularly true given the established legal principle that laws are not retroactive; that is, a new law applies only to actions occurring after its promulgation, not to legal situations already fixed under previous legislation, which had generated financial and social consequences and formed the basis of individuals’ and families’ interests.
Consequently, repealing the “He Who Sold His House” law, particularly Article 29 bis of the 1993 statute, has led to numerous social problems. These individuals have built their lives over the years on the basis of the previous law, exercised the usufruct rights granted to them under that law, and have been paying rent as stipulated in their contracts.
Therefore, when they are notified to vacate their rented homes by September 1 of next year, they will find themselves in a dire situation. The number affected is not limited to 509 individuals, but rather to families, each comprising five or more members, bringing the total to three or four thousand people—a significant number.
It is well known that when these individuals rented these homes from the state, they relied on the rental law and adhered to it, regularly paying the amounts specified in their contracts. Thus, evicting them before securing alternative housing would literally create a widespread crisis for them. Many of them have made improvements to their residential units and organized their lives on the assumption that the property is a permanent residence, making any change difficult.
For this reason, a review of the new law deserves serious consideration, especially since the explanatory memorandum of the decree is based on a category of people who have benefited for more than ten years from the “usufruct” or “rental” law. Any change to their current status will inevitably lead to hardship, particularly in the absence of alternatives. It is a well-established principle that legal traditions grant affected parties a period to find alternative housing. If the aim is to increase rental values or for any other reason, this does not justify causing harm to these families, even if unintentional.
In this regard, there is a legal principle known as “established custom,” which is recognized in both law and Sharia. Moreover, the enduring social foundations of the country over centuries, and Kuwait’s historical reputation for compassion, imply that no harm should be inflicted on anyone.
The era of His Highness the Crown Prince, Sheikh Meshal Al-Ahmad Al-Jaber Al-Sabah, has been distinguished by its rejection of any injustice in Kuwait. On this basis, it is the duty of the Council of Ministers to reconsider the new law or to work on providing alternative solutions for these families.
