After the death of the Emir, familiarize yourself with the law on the government of Kuwait and the articles of transfer of the emirate and the mandate of the Pact.



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The Emir of Kuwait, Sheikh Sabah Al-Ahmad Al-Jaber Al-Sabah, passed away Tuesday at the age of 91.

Regarding the legal details of the system of government in the State of Kuwait and the articles of the inheritance law of the country’s emirate, the official website of the State of Kuwait stated that article 4 of the constitution establishes that Kuwait is a hereditary emirate. of the descendants of Mubarak Al-Sabah, and the crown prince will be appointed within one year at most after the succession of the Emir and his appointment to the Emir will be Emiri based on the recommendation of the Emir and the oath of allegiance to the National Assembly , which is held in extraordinary session, with the approval of the majority of the members of the Council.

Article VI states that “Kuwait’s system of government is democratic, and sovereignty in it rests with the nation, the source of all powers.” The crown prince is also required to be of sound mind and the legitimate child of Muslim parents.

He added that Kuwait is headed by the Emir of the country and its laws are legislated by the National Assembly composed of 50 members who are elected every 4 years by free popular vote. The Kuwaiti authorities are divided into legislative, executive and judicial powers, headed by the Emir. According to the constitution, party formation is not allowed despite the existence of parliamentary blocs.

He continued: “Kuwait’s system of government is characterized by a combination of the parliamentary system and the presidential system, as all laws passed by the National Assembly come into effect after the Emir signs them within a month of their promulgation. And if a month passes without the Emir signing these laws, they come into force without signing them, as if he had signed them. If the Emir returns it to the council and approves it again, it comes into force without the need for his signature. “

Article 60 of the Constitution also stipulates that “the Emir, before exercising his powers, shall take an oath in an extraordinary session of the National Assembly.

The Governance Law of the Emirate of Kuwait contains 5 articles related to the Emir, which are as follows:

Article 1

Kuwait is a hereditary emirate of the descendants of Mubarak Al-Sabah.

Article 2

The Emir is the head of state, and his person is inviolable. His title is “His Highness, the Emir of Kuwait”.

Article 3

In order for the Emir to exercise his constitutional powers, he must not lose any of the conditions that the Crown Prince must meet. If one of these conditions is lost or the health ability to exercise its powers is lost, then the Council of Ministers (after verifying this) must present the matter to the National Assembly immediately for consideration in a secret private session. If it is found that the Council has categorically lost the expected condition or capacity, it will decide, by a two-thirds majority of its members, to transfer the exercise of the powers of the prince to the Crown Prince temporarily or to transfer the presidency of the state to him permanently. .

Article 4

If the position of prince becomes vacant, the crown prince will be called prince. If the post of Emir becomes vacant prior to the appointment of the Crown Prince, the Council of Ministers shall exercise all the powers of the head of state until the selection of the Emir, through the same procedures by which he swears allegiance to the Crown Prince in the National Assembly of in accordance with article 4 of the Constitution. And the selection in this case must take place within 8 days after the vacancy of the position of Emir.

Article 5

It is not allowed to dispute the prince with his name before the ruler.

One or more agents will be appointed to the Emir, by order of the Emir, to carry out, within the limits specified by the order appointing them, the litigation procedures, and they will be forwarded the judicial documents in the affairs of the Emir.

As for the Crown Prince Law, it includes 3 articles, namely:

Article one

The Crown Prince will represent the Emir in the exercise of his constitutional powers in the event that he is absent out of the country in accordance with the terms and conditions established in articles 61, 62, 63 and 64 of the Constitution.

The Emir may request the assistance of the Crown Prince in any matter within the constitutional powers of the Head of State.

Second topic

If the crown prince loses any of the conditions that he must meet or loses the sanitary capacity to exercise his powers, the Emir refers the matter to the Council of Ministers and the councils, in case of confirmation of this, so that they present it immediately to the Assembly National for consideration in secret private session. And if the National Assembly has categorically proven the loss of the expected condition or capacity, it will decide by the majority of its members to transfer the exercise of the powers of the crown prince temporarily or to transfer the mandate of the crown permanently to others, all of this under the terms and conditions set forth in article 4 of the Constitution.

After announcing the news of the death, the official Kuwaiti channel began to stop broadcasting its programs and broadcast a reading of the Holy Quran.

The Amiri Diwan announced the death of the country’s Emir in a statement in which he said: “It is with great sadness and regret that we mourn the Kuwaiti people, the Arab and Islamic nations and the friendly peoples of the world, the death of the late His Highness the Sheikh Sabah Al-Ahmad Al-Jaber Al-Sabah, Emir of the State of Kuwait who moved in with his Lord. “

And the Kuwait News Agency reported last July that Sheikh Sabah Al-Ahmad Al-Sabah had arrived in the United States to complete treatment.



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