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Volume :46 Issue : 176 2020      Add To Cart                                                                    Download

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.

Auther : 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.
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.

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