Kuwait – Law no. 16 of 1960 promulgating the Penal Code

Article 182 of Kuwait’s Law no. 16 of 1960 promulgating the Penal Code allows an abductor to escape punishment if he marries the person that he abducted.

• Country: Kuwait
• Law status: Discriminatory law in force
• Law Type: Rape

Sex discrimination in laws purporting to address violence, or silence on the issue within the law, can actually promote or perpetuate violence against women and girls because there is little to deter perpetrators from committing crimes or inadequate recourse for victims; intimate partner and sexual violence is disproportionately inflicted upon women and adolescent girls.

Laws that allow a perpetrator to go unpunished if they marry their victim sanction violence in the law itself and may contribute to perpetuating or promoting violence against women and girls, including by exposing them to a possibility of further violence within marriage.

The Law:

Article 182 of Kuwait’s Law no. 16 of 1960 promulgating the Penal Code allows an abductor to escape punishment if he marries the person that he abducted. 

Article 182: If the abductor marries the one he abducted, in a legally-recognized marriage with the permission of her guardian, and the guardian agrees that the abductor not undergo punishment, then he is not sentenced to punishment.

Note: Article 29 of the Constitution of Kuwait: The people are peers in human dignity and have, in the eyes of the Law, equal public rights and obligations.

Update: Repealed! We are pleased to announce that the State of Kuwait, through Decree-Law No. 70 of 2025, has officially repealed Article 182 of Law No. 16 of 1960 (the Penal Code), among other positive legal reforms removing sex-based discrimination in the law. This discriminatory provision allowed “kidnappers” of women and girls  to escape accountability, including for sexual violence,  by marrying their victims. 

We particularly commend the Government of Kuwait for grounding this landmark decision in the country’s international human rights obligations and constitutional guarantees against  discrimination in the law.

We have long advocated with our partners for the repeal of such laws, including Article 182, which perpetuate violence, inequality, and discrimination against women and girls.  We will continue working alongside our partners in the region to share progress, encourage further legal reforms, and support the effective implementation of this vital legal change, a meaningful step forward for the rights of women and girls in Kuwait.