Interdiction and causes thereof under Kuwaiti law

The interdiction is intended to carry out legal measures of interdiction, which result in the Interdicted person being deemed ineligible or incapable, The term " Eligibility " means the right to exercise his or her personal and financial rights and to enforce his or her actions before others The Kuwaiti Personal Status Code defines the conditions and reasons for the acquisition of eligibility, as well as the conditions for disqualification and lack thereof. Interdiction cases are divided into two types, one that lacks eligibility, and one that eliminates and nullifies eligibility. However, n experienced Kuwaiti family law attorney will provide you with an informed understanding of the interdiction implications in Kuwait. 

Eligibility is a person’s capacity to issue his actions and words in a manner that is legally reliable. In legal terminology, it is a person’s capacity to acquire rights, assume obligations, and engage in legal actions. In turn, it is divided into two types:

• Eligibility for Obligation: It is the capacity of a person to establish rights and obligations, i.e. the capacity of a person to demand and be demanded.
• Eligibility for performance: It is the person’s ability to carry out his will in a manner that would entail legal effects. is established by establishing reason and discrimination. The non-distinguished person, whether he is a child or an insane person, has no capacity, while the privileged person who has not reached puberty is deficient in his capacity.

The symptoms of eligibility mean the influences that affect a person and affect his discrimination and his eligibility is affected by dependency.

•   Insanity: Al-Nawawi defined it as a defect that affects the mind, making it unable to perceive and know right from wrong, and insanity are of two types, absolute insanity, and intermittent insanity, and it is one of the symptoms affecting a person’s capacity for lack of awareness and discrimination, which must be Interdicted.
•  Dementia: a scourge arising from the self that necessitates a defect in the mind, so the owner becomes mixed with the mind, which results in a lack of proper awareness of things. Dementia leads to weakness in the mind, perception, and understanding. The procedures for interdiction are not applied to the lunatic when he awakens, but otherwise, he must be interdicted and prevented from all actual and verbal behavior.

•  Spendthrift: It is wasting money or wasting it contrary to the requirements of reason and Sharia, even if it is for the purposes of righteousness, and a Spendthrift is someone who does not manage the benefit in his money well, and a Spendthrift is forbidden to him, and he is prevented from verbal actions such as selling, leasing, and gift, and if these actions occur, they are not true.
• Inattention: It is a condition that affects a person, so it does not disturb the mind from a natural point of view, but rather it detracts from the faculties of self-control, which may lead a person to become unfair in his dealings with others in a way that threatens money with the danger of losing it.

The Kuwaiti Personal Status Law regulates cases in which parents are interdicted by their children. The law also organizes the interdiction lawsuit and defines the reasons for that. The interdiction order is issued at the request of those concerned, who are the children in this case. The husband can also be interdicted by the wife or on the contrary, relatives may also file interdiction lawsuits against each other according to the degree of kinship determined by law, and in the event of illness, a medical file must be submitted proving that the disease prevents the person from performing a set of actions, the judge has the full authority to be convinced of the file presented in if the person concerned deserves to be interdicted or No.