Here There and Everywhere

KUWAIT CITY : The Constitutional Court Tuesday dismissed a petition filed by Attorney Mohamed Menwir Al-Mutairi requesting the court to declare item number 188/1 of the Kuwaiti Criminal Law unconstitutional. During a previous session, Al-Mutairi argued it is illogical to consider a teenage boy guilty and a young woman not guilty when they have sex if the boy is 18 years old while the woman is a few days less than 21 years. Al-Mutairi pointed out the Kuwaiti society has always considered a woman more aware of sexual matters than a man even if she is younger.

“However, the Criminal Procedures Law ruled otherwise in this case and declared a young boy guilty of the crime, without considering he can be forced to do it,” said Al-Mutairi. According to item number 188/1 of the Criminal Procedures Law, a man is responsible for his acts as soon as he reaches 18 years old while a woman is responsible only when she is 21. “This item is illogical as it contradicts our traditions and Sharia laws,” said Al-Mutairi. He submitted memos on the experts’ views on the issue to the court.

According to Sharia laws, there is no difference in penalty between a man and a woman who committed adultery, hence, the same principle should be applied on our laws,” Al-Mutairi explained. Item number 188/1 states that a woman is considered a victim in adultery cases if she is below 21 and a man is considered guilty in such cases if he is 18 years old. The session was presided over by Judge Rashid Al-Hammad.