Minister of Justice: A Bounced Check Is Not a Felony
Everyone is aware of the efforts of Minister of Justice, Advisor Nasser Al-Sumait, and his tireless work to develop the state’s laws, which were enacted at the time of independence and have remained largely unchanged, with only some amendments made in previous periods. However, the significant effort the minister has exerted since assuming office, including updating approximately 300 laws, is commendable.
Since the Constitution was promulgated in 1962 and the legislative process began, more than 930 laws have been enacted. Despite social changes, societal development, and global transformations, these statutes have become an urgent necessity for modernization. Unfortunately, they have remained largely static because certain parties benefited from existing loopholes and resisted any amendments.
Therefore, we must say: Thank you, Your Excellency, for your efforts to modernize Kuwait’s civilizational image. The nature of a state’s legal personality is reflected not only in its urban development and infrastructure but primarily through its legislation.
To complete Kuwait’s civilizational landscape, it is essential to amend or repeal certain laws that do not support the state’s ongoing development efforts. There are decisions and statutes that are unjust, weaken legal authority, and even prevent judges from applying the spirit of the law in various fields. This undoubtedly requires legislative reform to align with modernity.
One such law is the criminalization of issuing a check without sufficient funds. In this area, there are social and family complications, as well as unnecessary costs for the state, which constitute an undue burden on public finances.
Given that Islamic Sharia is a primary source of the state’s positive legislation, the criminalization of checks without funds represents a legislative deficiency. It does not align with constitutional philosophy, and for this reason, most countries have amended their laws and no longer criminalize this act. The legal concept holds that this is a financial matter, not a felony, as is currently the case in Kuwait.
Modern legislation should aim to facilitate matters for society, not impose additional burdens. If an individual is in need and lacks the ability to pay, there are other charitable avenues to address the situation. However, it has become customary for loan sharks to exploit such needs, imposing usurious interest rates that multiply the original amount. They then induce the debtor to issue post-dated checks without sufficient funds, which are later submitted to courts upon default.
Since Kuwaiti law still criminalizes issuing a check without sufficient funds, the penalty is imprisonment for up to three years, with longer sentences for multiple checks. Consequently, there are prisoners serving up to 15 years behind bars, imposing significant financial, social, and economic burdens on the state.
True, the Ministry of Justice launches annual donation campaigns to help debtors settle their obligations. However, the amount covered rarely exceeds 10,000 Kuwaiti dinars. While this alleviates some pressure on individuals, it is insufficient, given that over 120,000 people have faced punitive measures. This is a substantial proportion in a small society. Decriminalizing the issuance of checks without sufficient funds would allow insolvent individuals to work and repay their debts. In contrast, imprisonment renders them unproductive, exacerbates their insolvency, and forces the state to bear the costs of their custody, care, and livelihood, effectively subsidizing the creditor’s interests.
Gulf Cooperation Council (GCC) countries, as well as most Arab and European nations, have abolished the criminalization of issuing checks without sufficient funds. In Kuwait, the civilizational image demands the repeal of articles that criminalize such financial transactions, especially when the fault lies with the individual who mismanaged their finances.
Your Excellency, the Minister of Justice, justice among people is a mercy, and Islam commands absolute justice.
