Kuwait Has Welcomed Eight New Female Judges
By: Dani Meyer/Arab America Contributing Writer
For the first time in Kuwait’s history, eight women have been approved to become judges. At the beginning of July, Attorney General Dirar Al Asousi approved the promotion of eight women from the prosecutor to judge, making them the first female judges in the country. They were approved by the Supreme Judicial Council in July, and are set to start work in September. The judges are Fatima Al-Sagheer, Fatima Al-Kandari, Sanabel Al-Houti, Fatima Al-Farhan, Bashair Shah, Bashaer Al-Rakdan, Rawaat Al-Tabtabae, and Lulwa Al-Ghanim.
Historic Move
Kuwait is only the fourth Gulf country to have a female judge, which makes this an historic move for women in the Arab world. It is a significant step, particularly considering that only eight years ago Kuwaiti parliamentarians were considering amending a law to ban women from becoming prosecutors or judges.
“Women have been raising the banner of their achievements for years in all fields,” said the speaker of the Kuwaiti Parliament, in reference to this decision. Speaker of the National Assembly, Marzouq Ali Al Ghanem, said, “the rise of Kuwaiti women to the judiciary platform, is a long-awaited entitlement, and a step forward in the march of Kuwaiti women.” He expressed confidence in the ability of Kuwaiti women to prove their efficiency, as they have done in many other areas.
Activists have also welcomed the move as a long-awaited win after years of lobbying. “When we look at Arab countries, we find that female judges have played an overwhelmingly positive, crucial role in advancing the judiciary,” Kuwaiti lawyer and rights activist Athraa Al Refaie told Al Qabas. Indeed, having female representation in all forms of government, including the judiciary, is a crucial step towards advancing equal rights of women.
Opposition
Unfortunately, there has been opposition against this historic and important step. The country’s most conservative politicians have been speaking out against the appointment of these female judges. They are typically citing religious grounds as the reason that they believe women should not be allowed on the judiciary. Mohammad Haif, secretary-general of the Thawabit Al Umma Salafi bloc, denounced the move and said the judiciary is a general mandate that only men can assume. He said on the Salafi bloc’s Twitter account that the appointment of women in the judiciary “does not commensurate with the composition or nature of women, nor is it compatible with the true Sharia.”
Haif called on the Supreme Judicial Council to block the appointment; however, the Supreme Judicial Council confirmed the appointment of the female judges, and they are set to begin work in September.
Regional Similarities
Kuwait is not the first among the Gulf countries to appoint women to the judiciary. In October 2008, Judge Khulood al Dhaheri, the UAE’s first female judge, was sworn in. On March 11, 2010, Qatar appointed Sheikha Maha Mansour Salman Jasim Al Thani, assistant judge in the Qatari courts, the first woman to be appointed to the judiciary in Qatar.
In July 2010, Bahrain appointed three female judges, two of them were appointed to the Lower Civil Court, namely: Mai Matar and Noura Al Midfa, while Adela Hassan was appointed as a judge of the Civil High Court. On March 20, 2019, the UAE appointed two additional female judges in the federal judiciary, Judge Khadija Al Malas and Judge Salama Al Ketbi. Al Malas was appointed to the position of “Appeals Judge”, and Al Ketbi in the position of “Primary Judge” in the federal courts.
Progress Towards Gender Equality
The appointment of female judges is part of a larger set of developments that has increased female participation in the public sphere. In 2005, Kuwaiti women were granted the right to vote and run for an elected office. When the decree was passed, the Emir of Kuwait stated that “women are an essential part of democracy.” In May 2009, the first four women were elected to the Kuwaiti Parliament. In 2013, women received the right to become prosecutors, and 22 women were appointed to this position in 2014. These measures align with the rise in the female participation rate in the Kuwaiti labour force, which has increased from 39 percent in 1990 to 50 percent in 2019.
However, despite these developments, women still face challenges and discrimination in other aspects of society. For example, if a man kills his wife, the punishment is only a maximum of three years in prison. Nevertheless, the appointment of these female judges is a crucial step towards improving gender equality in Kuwait. This move should serve as an opportunity to push for further gender reform in Kuwait.
Check out our blog here!