Kuwait

Kuwait is a small emirate located in the North-western corner of the Persian Gulf, between Iraq and Saudi Arabia. Nomadic tribes from Central Arabia settled in the bay of Kuwait City in the 1700s. Among them was the Al-Sabah family whose descendants now rule the country. In 1756, Kuwait became an autonomous sheikhdom and in 1899, a British protectorate with Britain controlling its external affairs and defence matters. Kuwait became independent in 1961.¹

The discovery of huge oil reserves revolutionized the country’s economy in the 1930s and has led to it becoming one the richest countries in the world per capita. Invaded and occupied by Iraq in 1990, the country was liberated a year later by a UN coalition.²

Although Kuwait has a population of just over 5 million people, less than a third of this population are Kuwaiti citizens.³ Access to citizenship is notoriously restricted. Migrant workers in Kuwait have no adequate legal protections but constitute around two-thirds of the population. They remain vulnerable to abuse, forced labor, and arbitrary deportation.⁴ According to government estimates, approximately 75% of the total population are Muslims, 15.5% are Christians and 9.5% adhere to other religions.⁵ Referring specifically to citizens, NGOs have estimated that approximately 70% are Sunni and 30% Shia.⁶

Kuwait is a member of the League of Arab States (LAS), as well as the Organization of Islamic Cooperation (OIC).

Constitution and government

The Constitution establishes Islam as the state religion, and whilst the constitution provides for “absolute freedom” of belief, other constitutional provisions, laws, and policies restrict freedom of religion or belief. Sharia is a primary source of legislation (Article 2), and personal status law is administered by Religious courts.⁷

The Constitution guarantees freedom of religious practice, nevertheless it specifies that such practice must not contravene public order or morals and must work in accordance with established customs (Article 35). It states that the emir must be Muslim (the ruling family are Sunni) and that the state shall safeguard the heritage of Islam.⁸

Since its independence, Kuwait has been governed by an emir from the Al-Sabah family as a constitutional monarchy with an elected parliamentary system. As political parties are illegal, the 50-member National Assembly is elected on a formally nonpartisan basis. By regional standards, elections are competitive. However, the emir and the Constitutional Court, which lacks independence, have the power to dissolve the legislature. In 2024, Emir Sheikh Meshaal dissolved the elected parliament, suspended numerous articles of the Constitution and appointed a new 13-member cabinet.⁹

There is no official process for religious groups to register with the government. However, to register an official place of worship and obtain certain state benefits, a religious group must have its place of worship approved by the local municipality. Non-registered religious groups are not permitted to purchase property or sponsor workers. The government only recognizes Abrahamic faiths (Muslims, Jews, Christians) and has not registered any non-Abrahamic religious communities. This includes Hindus, Sikhs, Druze, Bohra Muslims, Buddhists, and Baha’is.¹⁰

The government exercises direct control over Sunni religious institutions. It appoints Sunni imams, pays their salaries and finances the construction of Sunni mosques. Friday sermons are monitored and the government prohibits political issues being discussed in them.¹¹

Kuwaiti law does not specifically prohibit proselytism, but individuals may be prosecuted under laws criminalizing contempt of religion.¹²

Discrimination towards religious minorities

Compared with other countries in the region, Kuwait is considered to be a relatively tolerant country with regard to different faiths. However, minority religious groups report that they keep a low profile and do not publicly advertise their religious events in order to avoid unwanted attention, not least because most of their members are expatriates or migrant workers and there is a fear that openly practicing their religion might lead to their deportation. It is forbidden for churches to display exterior signs, including crosses or church bells. Atheists and the non-religious tend to keep their belief private.¹³

Although Shia Muslims enjoy religious freedoms, they remain underrepresented at all levels of government and face discrimination and obstacles that prevent them from obtaining senior leadership positions in the public sector. The government does not allow the establishment of non-Sunni religious training institutions, which means Shia imams have to be educated abroad.¹⁴

If a person is detained or imprisoned, only Muslims and Christians are permitted to pray communally and possess religious literature. Additionally, only Muslim imams and Christian clergy are permitted access to prisoners for religious observances.

Passports and national identity documents do not show an individual’s religious affiliation, although it is compulsory on birth and marriage certificates. For Muslims there is no distinction between Sunni and Shia on birth certificates. It is not possible for members of non-Abrahamic faiths to indicate their religion on their birth certificate.

Education and children’s rights

Islamic religious instruction, largely based on the teachings of Sunni Islam, is compulsory in all public schools for all students and in those private schools that have one or more Muslim students. Non-Muslim students are not required to attend these classes, and no adverse consequences have been reported for not attending. The organized religious education of other faiths is prohibited in public high schools, but practiced privately at homes. It is reported that a few private schools use Shia education courses in their curriculum.¹⁵ Schools are required to teach and celebrate only Muslim holidays.

Family, community and society

Islamic Law

The Kuwaiti civil code is based on Egyptian Civil law, Islamic Sunni law and customary law. It stipulates that in the absence of any legal disposition, the judge must refer to the principles of Islamic law. It is mainly in the family code that such legal dispositions are missing and, therefore, Sharia law is applied. Shia Muslims may apply Shia family laws, although there is a lack of qualified Shia imams due to restrictions on non-Sunni training institutions in the country. The religious affiliation of the man is used to assign cases to either Sunni or Shia judges. If a man is married to a non-Muslim woman, it is his religion that supersedes. Members of religious minority groups often resolve conflicts, such as child separation issues, within their communities rather than in the courts, in order to avoid being subject to Sharia law.¹⁶

Christian couples who are part of a registered church are able to resolve cases following their religious practices. Hindus and Sikhs who have Indian nationality are allowed to marry at the Embassy of India, but other members of non-Abrahamic faiths and non-registered churches are not permitted to marry in the country. However, they can have their foreign wedding certificates recognized.¹⁷

Between sunrise and sunset during the period of Ramadan, eating, drinking, and smoking within the public arena are banned for all people in Kuwait, regardless of their beliefs and nationalities. Penalties for such behaviours include a month’s imprisonment. In 2014, the authorities arrested 19 people for eating in public, including American and Dutch citizens. A Lebanese expat was charged for smoking.¹⁸ In 2016, two Indians and one Egyptian were arrested for drinking in public during Ramadan.¹⁹

Discrimination against women

Women face discrimination in law and practice and personal status laws favor men over women with regard to marriage, divorce and child custody. In 2020, a new law on Protection from Domestic Violence came into force. However, it does not criminalize domestic violence nor cover gender-based violence outside the immediate household.²⁰ According to a 2018 study, 53% of Kuwaiti women are subjected to violence by men.²¹

According to the law it is male citizens of any religion who may transmit citizenship to their children. Female citizens, regardless of religion, are unable to transmit nationality to their children. Sunni women require the permission of their fathers to marry and are only allowed to seek divorce when deserted or subjected to domestic violence. A Muslim woman may not marry a non-Muslim man, whereas a Muslim man is allowed to marry a Muslim, Jewish or Christian woman. Children have to be brought up in their father’s faith and the father’s religion determines the settlement of marital disputes. Only a man can act as a child’s legal guardian, with the default being the father.²²

Following years of campaigning by civil society groups, Article 153 of the Penal Code²³ was repealed in April 2025. The article effectively allowed “honor killings” by describing crimes in which a man kills a close female relative whom he has caught in “an unsavory sexual act” as misdemeanors and providing for a prison sentence of no more than three years or a small fine. The move has been seen as a significant milestone in the advancement of women’s rights in the country.²⁴

Women in Kuwait require permission from their male guardian for travelling within the country as well as abroad. A woman may lose her right to spousal maintenance from her husband if her travel abroad is deemed by a court to be “disobedient.” Women can be reported to the police and arrested for being “absent” from the home. Some state universities require women to show that they have the approval of their male guardian before they can go on field trips, stay at, or leave campus.²⁵

LGBTI+ rights

Same-sex sexual relations between men is illegal and punished with up to seven years imprisonment.²⁶ LGBTI+ individuals are targets of abuse and harassment, particularly by the police. Article 198 of the Penal Code outlaws “imitating the opposite sex”. However, in 2022, the Constitutional Court ruled that this article was unconstitutional and it was repealed. Since then, several Islamist MPs have called for a new law with different wording to replace Article 198.²⁷

In 2022, it was reported that around 3,000 LGBTI+ and transgender people were deported by the authorities.²⁸

Migrant Workers

Under the kafala system (which also exists in Bahrain, Oman, Qatar, Saudi Arabia, the UAE, Jordan and Lebanon) migrant domestic workers’ visas are tied to their employers, such that they cannot leave jobs without their employers’ consent. The International Labour Organisation has likened the kafala system to a “contemporary form of slavery”. The ethnic minority group of Bidun is denied citizenship and over 100’000 Bidun residents remain stateless in Kuwait.

Freedom of expression, advocacy of humanist values

Freedom of expression is restricted through state surveillance and laws that criminalize criticism of the emir, religious figures, judicial officials, and foreign leaders. Since parliament was dissolved in 2024, there have been increasing attacks on free speech with the authorities using legislation, including the national security section of the Penal Code,²⁹ the Print and Publishing Law,³⁰  and the Cybercrime Law,³¹ to arrest critics.³²

Following the dissolution of parliament, a number of politicians were arrested and sentenced to prison on charges of criticizing the emir and the royal family’s involvement in politics.³³

Social media users and activists were also targeted. For example, Mansoor al-Muhareb, currently in exile in the United Kingdom, was sentenced in absentia to two years in prison with hard labor by the Kuwaiti Criminal Court. He was alleged to have made statements on social media in which he challenged the powers of the Emir and criticized the dissolution of parliament.³⁴

Activists from the Bidun community are common targets of crack downs. In 2020, Anwar Hayati, a Bidun activist and doctor was fired from his hospital job after publicly criticizing the government health sector. In 2022, he was fined 500 dinars for speeches he made at Bidun protests. Hayati fled to Europe in 2024 after being summoned by the Office of Public Prosecution. He was sentenced in absentia to four years in prison and fined 10,000 dinars for posting tweets that criticized the royal family.³⁵ In the same year, the current most prominent activist of the Bidun cause, Mohamed al-Bargash was sentenced to three years in prison for his social media posts criticizing government policies towards the Bidun. The sentence is reported to have had a chilling effect on other activists.³⁶

Media Freedom

Although it has a reputation for being the least repressive country in the region, the government holds a good deal of control over news and information, increasingly so since the beginning of the reign of Sheikh Mishal al-Ahmad al-Sabah in 2023. Censorship laws in place prevent journalists from reporting on certain subjects and while killings of journalists are extremely rare, some have had to flee the country to avoid facing interrogations, detention and prison sentences.³⁷

According to Reporters Without Borders, applying for a media licence from the government is costly and laborious and as a result the majority of media companies in the country are owned by wealthy elite families. The private sector pays large sums to the biggest media outlets in exchange for articles.³⁸

Freedom of Assembly

Freedom of assembly and association is guaranteed by law, but these rights are restricted in practice. Kuwaitis must notify authorities of a public meeting or protest, but do not need a permit. In 2019, authorities cracked down on peaceful protests calling for rights of the Bidun to be respected after the death of Ayed Hamad Moudath, a 20-year old Bidun man who committed suicide after being denied citizenship. Fifteen Bidun men were arrested during the protest and charged with spurious offences including spreading fake news, harming allied countries, calling for and participating in protests.³⁹ While 12 of the men were released on a pledge of good conduct, prison sentences between life and 10 years in prison were handed to three of the men in January 2020.⁴⁰

Blasphemy

There are several laws against blasphemy which the government actively enforces, even where the statement being made is seemingly benign (see Highlighted cases below).

Article 111 of the Penal Code⁴¹ states:

“Whoever [broadcasts or communicates] views including ridicule, contempt, or belittlement of religion or religious doctrine — whether it is to challenge beliefs, practices, rituals, or teachings — is punished with imprisonment for a period of time not exceeding 1 year, and a fine not exceeding 1000 dinars, or either of these two punishments.”

Article 113 of the Kuwait Penal Code states:

“Imprisonment for a period not exceeding one year and/or a fine not exceeding one thousand dinars shall be imposed on anyone who publishes a sacred book in the doctrine of any religion and deliberately distorts it in a manner that changes its meaning, with the intent to insult this religion.”

Kuwait’s 2006 Press and Publications Law⁴²  prohibits the publication of any material that attacks religions or incites persons to commit crimes, create hatred, or spread dissension. This has been used in practice to prosecute and imprison individuals for criticizing religion. The publishing or broadcasting of content, including via social media, that could be perceived as offensive to religious groups is criminalized by the National Unity Law⁴³ ratified by Parliament in 2012. The punishment includes up to one year of prison and/or a fine of 1000 dinars. Non-citizens convicted under blasphemy laws are also subject to deportation under the Law of Nationality (15/1959) which allows the government to strip Kuwaiti citizens of their nationality and to deport them under certain circumstances, if the person undermines the country’s well being.

Kuwait’s 2015 Cybercrime law⁴⁴ expands the scope of the Printing and Publishing Law of 2006 by applying it to Internet-based media publications. Article 6 imposes penalties of up to a year in prison and a 20,000 KD fine (USD $66,208) for defaming, slandering, mocking, or meddling with “God, the Holy Quran, Prophets, the Noble Companions of Prophet Muhammad, Wives of the Prophet […], or persons who are part of the Prophet’s family” by use of an “information network” or “an information technology.”

In 2013, Kuwait’s Council of Ministers rejected amendments by the country’s parliament to make blasphemy a capital crime.

In 2023, a new election law was approved to replace the existing 1962 law. The new law lifts the 2016 lifetime ban on voting for Kuwaitis convicted of insulting God or the prophets. The ban can be lifted if those convicted complete a period of legal rehabilitation.⁴⁵

Apostasy

There is no explicit prohibition of apostasy, however, there is high societal pressure against conversion from Islam and apostates can lose certain rights, like the right to inherit property from Muslim relatives. Moreover, the government does not issue documents stating a change in religion or belief, unless the person has converted to Islam, making apostasy de facto illegal. An apostate can be denied custody of his/her children and a court can declare an apostate’s marriage as void and potentially strip them of their nationality. According to reports, some Kuwaiti citizens who converted when outside the country said they were harassed by their families following their conversion.⁴⁶

Highlighted cases

In 2024, a woman (whose name is not reported) was sentenced to five years imprisonment and with hard labor and a fine of 10,000 KWD (approx. 32,500 USD) for social media posts “insulting the Prophet Mohamed, as well as his wives and family, mocking the noble Hadiths, and expressing contempt for the Shiite community in Kuwait”.⁴⁷

In August 2014, human rights activist and satirist, Mohamed al-Ajmi (also known as Abo Asam) was arrested and detained by police because one of his tweets was deemed to be “in contempt of religion”. His tweet had accused the Jamiya, from the Islamic Salafi sect of blindly following their religious leader, Hamad al-Uthman. The authorities considered the tweet offensive enough to warrant his arrest.⁴⁸ In 2020, he was arrested again for “insulting religion” in his tweets and released after paying 500 dinars in bail. The charges against him were subsequently dropped.⁴⁹

In 2019, Iranian blogger Shahab Murtadha Ghafouri was arrested over allegations of “insulting God” in a comedy sketch he posted online. The video shows Ghafouri telling a sick hospital patient: “If you go to paradise, tell God to let me enter too.” It is unclear whether the investigation against Ghafouri was eventually dropped.⁵⁰

In 2016, Kuwaiti academic Sheikha al-Jassem was charged with blasphemy after giving a TV interview in which she asserted that the Constitution of Kuwait should be above the Quran and Islamic law in governing the country. The public prosecutor told her that the person bringing the complaint alleged that he had been “psychologically damaged” by her remarks. The charges were later dropped with the Prosecutor stating that “freedom of speech cannot be curtailed and not every discussion on religious matters is blasphemy.”⁵¹

The summer of 2014 saw the release of Abdul Aziz Mohamed El Baz (also known as Ben Baz Aziz), a twenty-eight-year-old Egyptian secularist and supporter of LGBTI+ minorities and atheists who had been jailed on blasphemy charges in Kuwait. In February 2013, his employer reported him as a blasphemer after seeing his online writings on religion and secularism, and he was found guilty of “contempt of religions and attempting to spread atheism” and sentenced to one year in jail plus forced labour, a fine, and deportation to Egypt.

Of his atheist identity, Aziz says:

“It’s hard to say that you are an atheist, but it’s harder to criticize religion. I don’t hide my atheism—everyone around me knows about it […] I usually say I’m a skeptic in the beginning, but then I declare that I’m an atheist when I’m sure they’re not going to harm me. One day, I was wrong in my certainty—when I was reported to the police by someone at work.”⁵²

Testimonies

“I “partially” came out, most of my family members know, some of my colleagues know, and I sometimes just casually say “I’m atheist” to strangers who work at shops. It did have negative AND positive consequences, it was really bad with my family when they found out. It was very hard on my father especially, you see I’m from a religious Shi’ite family, my dad spends lots of his time with clerics and his religion is his pride. I used to pray since I was 6, and wore the Hijab when I was 9 years old, so it was shocking for him, he didn’t really speak with me for 2 years, my aunts didn’t want their daughters to talk to me, my best friend -then of course- told me that our friendship shames her before her Allah, I was sort of an outcast then.

Now it went back to normal between me and my family, they hope I will someday return to Islam. The colleagues that know about my atheism don’t really talk about it, I think they actually like me, they can see that an atheist doesn’t necessarily have horns and a tail. Also a big positive point! I have encouraged some people to ask questions and some people are now atheists because of me.

However, my family’s “hesitant” acceptance comes with a price, I still wear the Hijab, even though I despise nothing more. Also, being openly apostate isn’t a good idea probably, you see when you’re openly an “apostate” and you wanted to get married you simply can’t, the law forbids you even if your partner is an apostate or a non-Muslim to begin with.”

— M.

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