Law Decree Amends Military Provisions and Raises Maximum Custodial Sentence to 90 Days
- The Minister of Defense to determine the age of acceptance, its exceptions, and the medical fitness requirements for military service
- Acceptance of professionals and other categories under special contracts, and the introduction of leave with full, reduced, or no pay
A decree-law No. 92 of 2026 amending certain provisions of Law No. (32) of 1967 concerning the Army was published in the official gazette, "Al-Kuwait Al-Youm," on Sunday.
The amendments include raising the maximum term of imprisonment for disciplinary violations, regulating the age of acceptance and medical fitness requirements for military service, allowing the acceptance of professionals and other categories under special contracts, and introducing special leave with full, reduced, or no pay.
The decree-law includes the following articles:
Article 1
The texts of Articles (23, 32, paragraphs 2-3, and 40, paragraph 2) of Law No. (32) of 1967 are replaced with the following:
Article (23):
Disciplinary violations, penalties, the method of their imposition and execution, and appeals against them shall be determined by decree. Such penalties shall not include dismissal, expulsion, removal from office, demotion, any corporal punishment, or any restriction of liberty exceeding ninety days.
Article (32, paragraphs 2-3):
The following conditions shall apply to those accepted as officers:
1. Having reached the age of acceptance, which shall be determined, along with any exceptions thereto, by a decision of the Minister.
2. Proven medical fitness for military service, the requirements for which shall be determined by a decision of the Minister.
Article (40, paragraph 2):
2. Having reached the age of acceptance, which shall be determined, along with any exceptions thereto, by a decision of the Minister.
Article 2
A new paragraph is added to Article (5), and a new paragraph numbered (5) is added to Article (82) of Law No. 32 of 1967, with the following text:
Article (5, new paragraph):
Professionals and any other categories may also be accepted into the Army under special contracts, in accordance with the decisions and regulations governing this matter, issued by a decision of the Minister of Defense.
Article (82, paragraph 5):
5. Special leave with full, reduced, or no pay.
Article 3
Any provision inconsistent with the provisions of this decree-law is hereby repealed.
Article 4
The Prime Minister and the Ministers, each within their respective purview, shall implement this decree-law. It shall be published in the official gazette and shall enter into force from the date of its publication.
Explanatory Memorandum
The explanatory memorandum clarified that the Army Law No. (32) of 1967 was issued nearly six decades ago. During this period, the Armed Forces have undergone successive organizational, administrative, and operational developments, necessitating a review of certain provisions to align with modern military operational requirements. This aims to grant the military administration greater flexibility in regulating certain executive matters that naturally evolve with the changing needs of the Armed Forces, without compromising the fundamental guarantees established for military personnel.
The memorandum further stated that Article 1 of the decree-law replaced the provisions of Articles (23), (32), and (40). Specifically, Article (23) raised the maximum term of imprisonment from 60 to 90 days, aiming to enhance the effectiveness of the disciplinary violation system and enable the competent authority to impose penalties commensurate with the severity of the violation, thereby maintaining military discipline without affecting other established provisions and guarantees.
It added that the amendment to Article (32) granted 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 enlistment policies. Additionally, the determination of medical fitness requirements for military service was delegated to a decision issued by the Minister of Defense, providing the necessary flexibility to keep up with scientific developments and military medical standards.
It noted that the amendment to Article 40, paragraph (2), aimed to harmonize the provisions governing the age requirement for the recruitment of non-commissioned officers and enlisted personnel with those regulating the recruitment of commissioned officers. This was achieved by delegating the determination of the minimum age for recruitment and any exceptions thereto to a decision by the Minister of Defense, thereby ensuring legislative coherence and enabling the updating of these criteria as needed.
The amendment also added a new paragraph to Article 5, permitting the recruitment of professionals and other categories of personnel into the army under special contracts, in accordance with the relevant decisions and regulations. This measure is intended to address the Armed Forces’ growing need for specialized professional and technical personnel and to establish a legal basis for contracting with them under systems suited to the nature of their work, thereby providing the flexibility necessary to attract and retain qualified talent.
Furthermore, the amendment introduced a new paragraph (5) to Article 82, establishing a new type of leave that may be granted with full pay, reduced pay, or without pay. This provision aims to provide a legal framework that grants the military administration the necessary flexibility to handle cases requiring special leave, in accordance with the controls set out in regulations and decisions, while ensuring a balance between operational interests and the circumstances that may necessitate such leave.
Article 3 stipulates the repeal of any provision that conflicts with the provisions of this Decree-Law. Article 4 obliges the Prime Minister and the ministers, each within their respective areas of responsibility, to implement its provisions, which shall enter into force from the date of its publication in the Official Gazette.
