The History and Development of Contract Law in Kuwait: with a particular emphasis on the role and precepts of Islamic Law in its formation and implementation

In 1961, Kuwait became a fully independent country, throwing off the vestiges of its status as a British protectorate and choosing a completely fresh and different legal system. The basis chosen was not that of English Common Law but the French- inspired Egyptian model, a ready-made civil law system, conveniently available to be imported at short notice, which also reflected the Islamic traditions and sensibilities of the people. This thesis explores the underlying philosophies and origins out of which the current Kuwaiti legal system was born and then developed. It then analyses how, within this system, Kuwait’s history and evolution influenced the way contract law is codified and practiced in Kuwait today. Special emphasis is placed on the role of Islamic tradition, culture and practices. The distinction between Islamic Law and Islam as a religion is explored in relation to certain important contractual principles. This work includes both analysis of very recent, significant cases from the Court of Cassation, Kuwait’s Supreme Court, as well as direct interviews with Kuwaiti Supreme Court judges, adding a unique insight from the country’s most senior judicial figures into the legal system and workings of modern Kuwait.