Journal of Law



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Dar AlMandumah

Journal of the Gulf and Arabian Peninsula Studies

  • Published by Scientific Publication Journal – Kuwait University.
  • Acting Editor Chief Prof. Othman H. Alkhadher.
  • Contributors are academic faculty members from various universities and faculties in both Arab and English and French.
  • It's newly published the Journal No. (176) for the month of January - February - March 2020. It includes Twelve academic researches about different issues :




First Research : Female Criminal Capacity of Adultery in Kuwaiti Law between Origin and Exception - Comment on the Court of Cassations Ruling. No. 61/1975 issued on 26-1-1976.
Prof. Meshari K. Al-Eifan - Dr. Hussin J. Boaurkee
This study addressed Kuwait Court of Cassation stand toward the crime of adultery in Kuwaiti law when committed by a minor wife. The focus of this study was on the relation that governs the texts of adultery crime with the crime of sexual intercourse. The study found that the court considers this relation to be governed by the rule of the most aggravated punishment because the Court considers this relationship to be a reflection of a state of moral multiplicity of crimes.
Study Goals: This  research aimed to assess the soundness of Court of Cassation stand and how it conforms to the intended legislator stand. It also sought to see if such stand by the Court is prone to create many legal problems. Finally, the study came to seek whether there is more correct stand that the Court should adopt seeking better jurisdiction track in case there is a fault in the current one.
Study Results: After assessing the stand of the Cassation Court and how sound it is, the study found that the Court considers the relation adultery crime law texts and that of the intercourse crime is moral multiplicity of crimes and consequently falls under article (84) sentencing the most aggravated penalty. The study believes that the Court position stand doesn't conform with the legislator intention and is prone to cause numerous legal problems.
Conclusion: The study believes that Kuwait Court of Cassation is best to consider this relation to be ruled by the special and general law text since it is considered apparent conflict of texts from adapting point of view.
Keywords: Adultery, Judicial Interpretation, Article (195), Moral Plurality, The apparent Conflict of the Texts, The Kuwaiti Penal Code, The Crime of Sexual Intercourse, The Husband, The Husband's Partner.

Second Research : Disability in Saudi Arabia: Types, Characteristics, and Spatial Variation.
Prof. Rushood M. Al-Khraif - Dr. Mohammed S. Al-Gahtani
Study Objectives: The study aimed to determine the size, rates, and types of disability in Saudi Arabia, highlight the spatial variation in the Kingdom and identify some demographic and social characteristics of the people with disabilities.
Study Data and Method: The study utilized data of the 2010 Population and Housing Census and used some measures and statistical methods.
Study Results: The total disabled Saudis is about (170,217) persons. 60% of them are males and 40% females. The disability rate among Saudis is about (9) per thousand of total Saudi population which shows difference between the Kingdom and other countries as well as  spatial variation among areas in the Kingdom. Mental disability and paralysis were the most prevalent types of disability, followed by visual impairment which was higher among females. Losing an organ disability rate was double among males compared to females. About (82%) of the disabled resided in six regions in the Kingdom.
Conclusion: The study suggested unifying classification of disability and conducting data collection process in Saudi Arabia and GCC Countries according to the international practices. The study also recommended persuading the Ministry of Lybrand Social Development to boost the employment of the disabled in the private sector, along with increasing the number of disability various researches with the necessity of improving disability data accuracy.
Keywords: Saudi Arabia, Disability, Characteristics of Disable, Mental Disability, Vision Impairment, Hearing Impairment.

Third Research : The Effect of Teaching Science via Folk Tales on the 6th Grade Female Students' in Acquisition of Scientific Concepts and Motivation toward Learning Science.
Prof. Abdullah K. Ambusaidi - Huda A. Al-Hosni - Amal A. Al-Jamei
Aim of Study: This study aimed to investigate the effect of using folk tales on students' acquisition of scientific concepts and motivation towards science for the 6th grade female students.
Study Methodology: Semi-experimental methodology was used and a teacher guide was developed to help science teacher of the experimental group to teach via Folk Tales. In addition, an acquisition of scientific concepts test and a motivation scale towards learning science were developed and implemented on both groups. Validity and the reliability of these two instruments were checked as well as these two values being suitable for the purpose of the study.
Study Data: Conducted in a female school in Muscat, Oman, the study sample consisted of (57) female 6th grade students. They were divided into two groups: an experimental group: (28) which was taught science by Omani Folk Tales, and a control group (29) which was taught science by the conventional learning method. The study was implemented in the first semester of the academic year 2016/2017.
Study Results: The results of the study revealed that there was no statistical significant difference in acquisition of scientific concepts exam but there was a statistical difference in the motivation towards learning science in favor of the experimental group.
Conclusion: The study proposed several recommendations and suggestions such as using folk tales to promote students' motivation and conducting workshops to teachers on how to include non-materials heritage in their science classroom.
Keywords: Folk Tales, Acquisition of Scientific Concepts, Motivation Towards Learning Science.

Forth research :Estimating the Peak Discharge of Wadi Uranah Basin Drainage " Saudi Arabia ".
Prof. Mohammad F. Bourouba
Objective of the Study: This study aimed to estimate the peak flow of Wadi Uranah tributary basins by applying the SCS Dimensionless Unit Hydrograph model. This model depends on the rainfall for the return periods from 5 to 100 years and the relief and morph metric variables of 36 tributary basins with areas ranged between 8.74 km2 in the tributary basin (33) and 196.2 km2 in the tributary basin (17). The relief and morph metric variables were determined using the WMS digital processing output and satellite imagery available on Google Earth and the ASTER Digital Elevation Model. However, this study seeks to classify tributary basins using the discharge peak average of return periods 5, 10, 25, 50 and 100 years.
Study Methodology: The methodology of this study was based on the application of the Normal and EV-1 probability Distribution models in the frequency analysis of maximum daily rainfall using rain data for five stations belonging to the Ministry of Environment, Water and Agriculture. The estimation of the discharge peak for the studied tributary basins was based on estimating the maximum daily rainfall, the peak of the maximum flow and concentration time.
Study Data: This study relied on the ERDAS 9.3 software for satellite image processors mainly to analyze the 12 satellite images (Scenes) of the study area in Makkah Al-Mukarramah in addition to the Digital Elevation Models of the Japanese-American scientific satellite (ASTER GDEM) with the resolution of 30 m in determining the drainage area of the Wadi Uranah basin. The WMS (Watershed Modeling System) software has been used to treat Digital Elevation Models and to perform calculations of morph metric and hydrological variables.
The Results of the Study: The results of this study showed that the most tributary basins capable of converging rain water into floods water are basins: 17, 25 and 27 that extend over a total drainage area of 524.6 km2, equivalent to 22.9% of the total drainage area of the Wadi Uranah watershed. These basins are characterized by the highest rain volume with an avergae of more than 13 million m3 and the highest flood volume with an average of more than 2.5 million m3 and the highest maximum flow with an average of discharge peak exceeds 348m3/s, for the periods from 5 to 100 years..
Conclusion: This study was concluded with the results produced by the different applied methodological steps and different results of discharge peak estimation in the total of 36 tributary basins for Wadi uranah using the SCS Dimensionless Unit Hydrograph model.
Keywords: Maximum Daily Rainfall, Frequency Analysis, Tributary Basin, SCS DUG Model, Discharge Peak, Wadi Uranah Watershed, Saudi Arabia.

Fifth research :Statistical Scientific Investigation of Popular Cultural Heritage in the Relation between Astronomy and Weather Conditions in the State of Kuwait.
Dr. Ahmad M. Al-Hasam
Study Objectives: The study aims to investigate the extent to which it is possible to come up with scientific documentation to demonstrate the credibility of climate predictions circulating in popular heritage in Kuwait.
Study Methodology: The study was devoted to scientific investigation based on statistical analysis of climate data to show the accuracy and conformity of the most important narratives in popular cultural heritage regarding climate changes.
Study Data: The study relied on the most important points in the popular cultural heritage regarding climate changes and linked it scientifically to official climate and data measurements since 1962.
Study Results: The results of the study indicate a weak and in some cases non-existent relation between the popular heritage and actual climate data.
Conclusion: The study concluded that there is no statistically significant relation that can be relied upon or build a reliable scientific prediction between folk heritage and the expected weather conditions, with placing several possibilities to explain what came in the folk heritage.
Keywords: Climate of Kuwait, Astronomy, Popular, Climate Statement, Statistical Analysis.

Sixth research : Individual Investors' Attitudes towards News Processing of the Economic Journalism, Technical Analysis, and its Impact on the Investment Decision of Individual Investors: An Applied Study on Kuwait Boursa.
Dr. Anwar A. M. Al-Jazaf
Aim of the Paper: This study aims to identify the information sources that guide Individual investors in making an investment decision in Kuwait Bours, role of the economic journalism relating to Kuwait Boursa issues, fundamental and technical analysis in investors' decisions and the impact of the internal and external information on the investors' attitudes in Kuwait Boursa beside identifying the relationship between the role of the economic news and the role of technical analysis in making an investment decision. Then, the study explained the impact of technical and fundamental analysis on investment decision making in Kuwait Boursa.
Study Design: The study used the survey method.
Study Sample and Data: The study relied on the questionnaire in data collection with sample that consisted of (150) individual investor.
Results: The study results demonstrated that mass media (newspaper) is the most important source of information that guides investors to invest in Kuwait Boursa with percentage of (79.3%), followed by the self-forecast based on sensing fundamental them came the analysis. It was proved that the impact of economic news relating to Kuwait Boursa issues on investors decisions was moderate while the role of fundamental analysis impact for the same was high. It was also proved that there is positive correlation and statistic indicator between the role of economic news and the role of fundamental analysis in making decision to invest in Kuwait Boursa.
Conclusion: The study showed the importance of considering accuracy and clarity in the process of publishing and disclosing information in the media, and tightening control by the Capital Markets Authority on leaking internal information and benefiting from it by employees of these companies.
Keywords: Economic Journalism, Boursa, Technical Analysis.

Seventh research : Influencing Factors of the Development of the Kuwaiti Political Regime (1962-1992).
Dr. Faisal M. Abu Sulaib
Aim of the Study: This study attempts to analyze the influencing factors (internal and external) of the development of the political regime in Kuwait from the period of the establishment of the Kuwaiti constitution in 1962 until the return of the Kuwaiti parliament in 1992 following the liberation of Kuwait. It also seeks to analyze the interacting relation between the internal and external changes in developing the political regime. On the other side, it also tries to link political development with the influence of the external changes in the region.
Method of the Study: The study depends on systems analyzing methodology. David Easton, one of the pioneers of this methodology sees "Inputs", "Change Process" and "Output" are the main 3 elements of analyzing. "Inputs" are factors and changes (internal or external) that affect the political regime. "Change Process" is the response and interaction with those changes and factors while the "Outputs" represent the resolutions of the political regime in responding to those factors and changes. The study uses system analyzing  methodology in observing and analyzing the effect of internal and external factors in developing the political regime in Kuwait. It also uses the history methodology which focuses on reviewing history incidents in the region that have affected the political development process in Kuwait during the subject study period. The most important among those were Arab Israeli War 1976, The Iranian Revolution 1979, Traq Iran War 1980-1988 and Iraq Invasion of Kuwait 1990.
Results of the Study: This study concluded that the development of the political regime in a small country like Kuwait was result of local, regional and international factors. The most important of which were: Arab Israeli War 1976 (Naksa' = The Setback), Kuwait 1967 Election Fraud Suspicion, Dissolution of Kuwait National Assembly 1976, Iran Revolution 1979, Iraq Iran War 1980-1988, Dissolution of Kuwait National Assembly 1986 and Iraq Invasion of Kuwait 1990. The study also found that the personality element of the rulers in Kuwait has clear impact on the political development process. For instance, death of Sheikh Abdullah Al-Salem in 1965 had negative reflect on the democratic operation in Kuwait as frequent political crisis arose (Election Fraud 1967 and unconstitutional Dissolution of the Nation la Assembly in 1976  1986) following the Sheikh death.
Keywords: Kuwait, Political Regime, Political Development.

Eighth research : Human Trafficking Combat between International Law and Kuwait Legislations.
Dr. Eisa H. Al-Enezy - Dr. Awatef Sameili
The Goal of the Study: This study examines the crime of Human Trafficking from international legislations' perspective and to which extent they are consistent with the national ones. The study tries to explore whether or not Kuwait national laws outperformed the international ones in this regard. It also tries to spot lacunas of national and international laws and their effect on the limitation of this crime with special focus on Kuwaiti legislations and their effect on the judicial ruling in Kuwait.
The Methodology of the Study: This study adopts the lattice, analytical, practical and comparative style through listing all related national and international legislations, analyzing human trafficking concerned articles from legal point of view and comparing between them in order to identify the most effective ones in fighting this crime. Finally, the study goes over the judicial applications of such legislation and their effectiveness in protecting mankind from the crime of Human Trafficking.
Study Data and Sample: This study is built on examining all national and international legislations (especially Kuwait concerned ones) related to Human Trafficking Combat.
The Outcome of the Study: The study points out that both national and international legislations failed to put an end to Human Trafficking crime. The main reason is that such legislations are human made and far from being ideal. The real cause of such failure resides in the human nature being creative in twisting legislations to prevent their effectiveness and enforcement. No one can deny the improvement of human trafficking combat. However, rigor, serious and expansion of the jurisdiction of the court over all acts related to the human trafficking beside focusing on protecting reporters and victims of this crime are required in order to reach advanced stage in combating Human Trafficking.
Keywords: Human Trafficking, Slavery, Chile Trafficking, Women Trafficking, Organs Trafficking.

Ninth research : Procedures of Dealing with the Suspicion of Non-Constitutionality of Interpellation of Kuwait Prime Minister : An Analytical and Descriptive Study.
Dr. Khalifah T. Al-Hamidah
The Objectives of the Study: The Study discusses the constitutional dilemma of what procedure should be taken upon stirring the suspicion of non-constitutionality of interpellations the Kuwaiti Prime Minister. The way the National Assembly has handled it showed sever contrast in the outcome of those interpellations. This undermines accrediting the resolutions from one side and prevents establishing the constitutional custom that regulates this issue. It becomes an obligation to address this topic trying to propose the most suitable and correct procedure to deal with such suspicion.
Method of the Study: The study adopts the analytical method through which it studies the concerned law texts where they appear to have no stipulated procedures to be followed upon handling the non-constitutionality suspicion. The study also adopts the descriptive method to clear the essence of the constitutional dilemma.
The Result of the Study: The study ends up emphasizing that the interpellation of the Prime Minister is a confined constitutional right that demands considering the formal procedures and subjective requirements so it can be undertaken. The study also supposes the right of the National Assembly to discuss the interpellation constitutionality beforehand.
The Conclusion: The study concludes that the National Assembly has to discuss and vote on the constitutionality of the interpellation then enlist it within the Assembly agenda in case the interpellation is voted constitutional.
Keywords: Interpellations, National Assembly, Prime Minister, Constitution.

Tenth research :Dimensions of Identity Development and their Relation to Academic Satisfaction among Students of the College of Basic Education in Kuwait.
Dr. Hasan A. Al-Hhumaidi
The objectives of the Study: This study aimed to discover the most common dimensions of identity development for students at the College of Basic Education in the State of Kuwait, and to find out the relation between Identity Dimensions and the Academic Satisfaction in the light of gender, academic specialization, and achievement level.
Method of the Study: This study followed a descriptive correlation research method.
Study Sample and Materials: The sample of the study consisted of (191) students, males and females, from the College of Basic Education. The following tools were applied: The Dimensions of Identity Development Scale (DIDS) (Luyckx, et al. 2008) prepared and translated by Al-Humaidi and Al-Buloshi (2018), and the Academic Satisfaction Scale developed by Al-Dhafiri, Al-Enezi, and Al-Azmi (2017).
Study Results: The results showed an increase in the Dimensions of Accidental Exploration, Presence of Commitment, and Commitment of Identity while Dimensions of Rumored Exploration and Deep Exploration ranked last. There was a positive correlation relation that was statistically significant between Academic Satisfaction, Dimensions of Identity, Presence of Commitment, Identity Commitment, and Deep Discovery. Also, there were no statistically significant gender-based differences in the Dimensions of Identity while differences in Academic Satisfaction were indicative and in favor of males. There were also no statistically significant differences, whether based on Academic Specialization or Achievement Level, in both Dimensions of Identity and Academic Satisfaction.
Conclusion: : The results showed the role of Identity Dimensions in realizing Academic Satisfaction among College of Basic Education's students. Also, the results showed the convergence of levels between Identity Dimensions and Academic Satisfaction as well as lack of correlation between the two variables with the ones of gender, specialization and academic achievement.
Keywords: Academic Satisfaction, College Students, Dimension of Identity Development.

Eleventh research in English :Examining Interior Design Competencies in Kuwait from Professional Perspectives.
Dr. Ahmad E. Al-Ansari - Dr. Ali S. Al-Najadah
Study Purpose: The purpose of this study is to investigate the current interior design competencies, design knowledge and skills; as well as, personal skills expected from entry-level interior designers in Kuwait based on the international standards.
Study Methodology: A quantitative research approach was used in this study employing a survey questionnaire by both researchers. Online and a paper-based surveys were distributed to professional interior designers and architects in Kuwait.
Study Data Sample: A total of one hundred and eighty-seven (187) responses were collected.
Findings: The findings of this study revealed that design competencies, required in the entry-level interior designer, were categorized into three main groups: highly important, important, and less important competencies.
Conclusion: The outcome of the study is a list of recommendations and applications to be considered by the departments of interior design in Kuwait when preparing their design curricula to meet local market needs and the American quality teaching standards.
Keywords: Interior Design Education, Interior Designer, Design Competencies, Design Skills and Knowledge, Kuwait.

Twelveth research in English :Knowledge of Vitamin D Deficiency Factors among a Sample of the Kuwaiti Population: A Socio-Cultural Study.
Dr. Maha M. Al-Sejari
Kuwait is considered as one of the best geographical locations to obtain sufficient solar UV rays for optimal synthesis of vitamin D. However, high prevalence of Vitamin D deficiency has been reported among Kuwaiti citizens.
Study Objectives: The current study aims to measure the association between participants' socio-cultural variables, and to know factors that cause vitamin D deficiency. It also seeks to find the association between participants' lifestyle behaviors and knowledge of factors that cause vitamin D deficiency and to assess participants' knowledge of vitamin D deficiency symptoms.
Study Method: A questionnaire was distributed among 276 adults. It comprised five parts of data: Socio-demographic information, lifestyle assessment, vitamin D deficiency symptoms, vitamin D deficiency source of information, and causes of vitamin D deficiency. Analysis of variance (ANOVA) and Chi-square test statistics were performed to test the study's questions.
Results: The study revealed that Kuwaiti participants' knowledge of vitamin D deficiency factors is significantly associated with age, BMI, occupational and marital status, and that knowledge of vitamin D deficiency causes is associated positively with participants' hours of exposure to sunlight, and negatively with participants' taking vitamin D supplements.
Keywords: Vitamin D Deficiency, Knowledge, Risk Factors. Kuwaiti, Anthropology.


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